The following is my (Karen Chun) typing of the jpg image of the conditions. Mistakes, misspellings etc are mine alone since I was typing as fast as I could. Comments in red are mine also.
I applaud Maui Tomorrow for coming up conditions. This process is supposed to be done through the EIS process and they did a very good job in less than 24 hours. (Or maybe they started while they were sitting in court for almost a month listening to experts testify about the irreparable harm if there are no conditions.)
These conditions should have been done with plenty of public participation, expert review and months of work so, as a first crack, they may have some areas that need fixing up.
But, overall, a very good start.
Superferry Operating Conditions
Submitted to the Legislature on Behalf of Maui Tomorrow
We strongly oppose operation of Hawaii Superferry during the time it takes to prepare an EA or an EIS. Such operations violate unambiguous Hawai'i law. Maui Circuit Court Judge Joseph E. Cardoza correctly found that such operations caused the possibility of irreparable harm to marine mammals and an increased rate of alien species introductions.
Evidence received during the hearings made it obvious that the Hawaii Superferry project "may" have a significant effect on the environment and, as such, a full EIS is required. Legislative recognition of this inevitability is no real concession to environmentalists.
We urge the Legislature not to pass this unconstitutional special legislation benefiting a single business, depriving us of vested Constitutional rights and violating the separation of powers by overruling a judicial decision.
If the Legislature has already decided (a) to convene a special session and (b) to allow Hawaii Superferry to operate while an EA or EIS is being prepared, it would be irresponsible of us to abandon the protection of the environment to the same administration that has been dedicated for many years to minimizing legitimate concerns about the Superferry project.
We are compelled to recommend conditions of operation to be imposed by the Legislature, not because we agree that the Superferry can operate (we do not) or because we agree with the proposed legislation or its purposes (we do not), but because it is now necessary to protect Hawai'i from the impacts of the improvident actions of the Lingle Administration and the Legislature if they were to allow the Hawaii Superferry to operate, even after a month long trial amply demonstrated that this would be unlawful and would cause irreparable harm in multiple fashions.
Based on one month of daily testimony from highly qualified experts, the consensus of prevailing expert opinion was that the following mitigation measures are absolutely required to minimize to some responsible degree the possibility of irreparable harm caused by Hawaii Superferry operations during the time it takes to prepare an EA or EIS:
CONDITIONS OF OPERATION
Protection on Marine Mammals and Turtles
- Hawaii Superferry vessels shall
travel in routes that are in waters that are in excess of 1000
fathoms.
- If Hawaii Superferry vessels
travel in a route that is in any part in
waters less than 1000
fathoms, its vessels shall travel at the NOAA recommended speed of
no more than 13 knots. The 13 knot limitation shall be inclusive of
the first 10 miles of exists and entrances to Honolulu, Kahului and
Nawiliwili harbors. At all times, regardless of fathom depth, the
ferry shall travel at lesser speeds than provided above as
determined by the Captain to provide safe passage to passengers and
to minimize strikes of whales.
- Should a Hawaii Superferry vessel
strike a marine mammal, a written report of such strike shall be
immediately transmitted to NOAA and any other agencies responsible
for monitoring and regulating strikes.
- Hawaii Superferry shall immediately apply for and receive from NOAA an incidental take permit and in engage in Section 7 consultation with NOAA regarding the impacts of its ferry operations on protected marine mammals.
Protection Against Introduction of Alien Species
-
Hawaii Superferry shall conduct thorough undercarriage washes of all vehicles during embarkation at all ports to help dislodge seeds, insects, and animals. Such undercarriage wash systems shall include appropriate debris traps and filters.
- Hawaii Superferry shall utilize
sufficient vacuum stations to vacuum the floors of all vehicles
during embarkation. An Appropriate filter system to trap and
contain all debris shall be employed.
- Hawaii Superferry shall not permit
the transport of plants or plant propagative materials.
- Hawaii Superferry shall secure
and pay for all costs to have a dog handler team present at all
harbors to conduct inspections of all vehicles at the time of
embarkation. These dogs will be utilized to prevent the
inter-island transmission primarily of invasive species and
secondarily, of drugs.
- Hawaii Superferry shall inspect
(a) the trunks of all cars, (b) the beds of all pickup trucks, ©
the engine compartments of all vehicles and (d) the interiors of all
vehicles, items such as coolers, boxes, trunks and luggage shall be
opened and inspected.
- agricultural inspections shall not
be conducted on a random basis. Every vehicle and passenger shall
be inspected or screened.
-
Hawaii Superferry shall not permit
the transport of fishing nets.
-
Hawaii Superferry shall conduct,
publish and disseminate a risk assessment within three months of
operation to further assess potential impacts and better identify
potential mitigation options.
-
Hawaii Superferry shall post
signage at all harbors about invasive species, Specific information
about invasive species shall be disseminated during the ticketing
process on Hawaii Superferry's website. Said signage and
information shall have been reviewed and approved by a
representative of the Maui Invasive Species Committee.
Protection of Customary Native Hawaiian
Practices
- Passengers, upon checking in at a
harbor, shall declare whether they intend to camp at any destination
island. Hawaii Superferry shall disseminate to all passengers who
have declared their intent to camp written rules and procedures for
camping on the destination island.
[I think this is an attempt to deal with homeless and people camping illegally, so in that way it is good. But all people have to do is lie and it becomes unenforceable. "No, I'm staying with a friend" and you know looking at them they're some criminal homeless person who was shipped here from the mainland but what can you do? ]
- Passengers shall only camp at
Federal, State and County campgrounds at destination islands, and
then only if they can demonstrate upon checking in that they have
obtained in advance permits to camp at those campgrounds.
- Passengers shall not be permitted
to transport to another island cultural or natural resources or
products from the ocean, from the shoreline or from the inlands of
another island, unless the can demonstrate through a written receipt
that the have purchased these items from a legitimate commercial
establishment.
[I see what they are getting at but this needs more work. What if your relative gave you something to bring back.]
- Should Hawaii Superferry, through the inspection process, discover an attempt to transport natural resources to another island, this transport shall be disallowed and Hawaii Superferry shall immediately notify local DLNR DOCAR officials.
Agricultural Inspections
-
There shall be two (2) qualified Department of Agriculture agricultural inspectors present and participating in agricultural inspections at all times of embarkation and disembarkation at each port. The DOA inspectors shall supervise all HSF screeners.
-
Hawaii Superferry , as an impact fee, shall pa all costs of the agricultural inspectors required in the foregoing paragraph.
- The State Department of
Transportation, in conjunction with the Governor, the State
Legislature, and the Department of Agriculture shall forthwith
allocate positions and funds for the additional agricultural
positions necessary to staff the inspection personnel set forth in
paragraph 18 above.
- Hawaii Superferry shall post a bond in the amount of $40,000,000.00 to reimburse the State for the balance of the funds due, in the event that the Hawaii Superferry does not operate or refuses to follow mitigation measures required b the EIS.
Permission to Operate Applies Only to the Alakai
-
The permission to operate in this Bill is limited solely to the operation of the Alakai and shall not extend to any other vessel or vessels operated b Hawaii Superferry. The “no action” provisions of Chapter 343 shall be fully applicable to all other Superferry vessels, except for the Alakai.
Time Limits
-
Hawaii Superferry shall not be able to utilize the lack of a time deadline in HRS Chapter 343 for the completion of the EIS as a means to keep operating for whatever period of time it may take to prepare an EIS. The Alakai shall not be entitled to operate after the expiration of the last day of the fifteenth (15th) month after the date of the adoption of this legislation.
- These conditions of operation shall, however, be applicable to any and all Hawaii Superferries irrespective of whether they operate before or after the preparation of the EIS.
Verification of Compliance
-
Designated representatives of Plaintiff groups shall be entitled to verify Hawaii Department of Transportation's and Hawaii Superferry's compliance with all the foregoing.
- In order to accomplish the foregoing, the designated representatives of Plaintiffs in Sierra Club et. al. v. HDOT: Civil No. 05-1-0114(3) shall be granted access to all State lands granted at all ports to Hawaii Superferry for its operations
Enforcement of Conditions
-
The foregoing conditions of operation may be enforced by the Attorney General of the State of Hawai'i and by Plaintiffs in Sierra Club et .al. v. HDOT: Civil No. 05-1-0114(3).
- These conditions may be enforced
in any Circuit Court in the State of Hawaii and the prevailing party
shall be entitled to the reimbursement of reasonable attorney's fees
and costs.
- An allowable remedy in any such enforcement action shall be the cessation of Hawaii Superferry operations until and unless compliance is achieved with the foregoing conditions.
Maui News Article on How the Conditions were presented.