Aloha Governor Lingle:
I am a member of an ahupua`a based group, Malama Moloa`a on Kauai. I am also a farmer, a grandmother, and was on the first ship out of the state of Hawai`i after statehood. My thrice-great grandfather jumped ship in Honolulu and was a Kingdom of Hawai`i national during the time of the Great Mahele. I also had had the honor to be raised on the island of Midway in the 1950's, as the daughter of a Navy pilot. My best friends and playmates were some of the endemic
species and seabirds listed below. I feel I must speak for the endangered species who have not been previously considered by the Hawaii High Speed ferry project.
There is inadequate environmental information concerning mitigation to potential impacts by the proposed new high speed mode of roll-on, roll-off (RORO) inter-island transportation proposed by Hawaii High Speed Ferry, Inc., aka the Hawaii Superferry (HSF) to Hawai`i state- and federally-listed Endangered Species. Potential state-wide impacts, outside the harbor infrastructures, are significant, vary by island and must be considered individually and cumulatively.
Endangered Species of Hawai`i are offered protection under the National Environmental Policy (NEPA) act as well as the Hawai`i Environmental Policy Act (HEPA). No initiation of service can be made without National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321 et seq.) considerations, including Habitat Conservation Plans (HCP) and Incidental Take Procedures (ITP) for every potentially impacted endangered species; low income and cultural impacts;
cumulative impacts; and project alternatives and potential impacts to critical habitat areas and environmentally sensitive areas.
Section 102(2) of the NEPA contains "action-forcing" provisions that ensure that federal agencies act according to the letter and the spirit of the law prior to any impacting action. The HSF is a major federal project due the federal funding received by the HSF through the United Stated Department of Transportation Maritime Administration (MARAD) Title XI loan of $139,731,000.00 to Hawaii Superferry, Inc., Austal USA LLC, for 2 105-Meter High-Speed
passenger RORO vehicle ferries, secured January 21, 2005. Total project cost is expected to be $178,003,065.00.
In the Report entitled "Hawaii Superferry - Commitments and Actions to Address Environmental Concerns", prepared for Hawaii Superferry, Inc. by CH2M Hill February 2007, there are no comments by the State of Hawai`i, Department of Land and Natural Resources to potential impacts to threatened and endangered species of Hawai`i or the inter-island spread of invasive species, like mongoose, coqui frogs and fire ants. There is no list of potentially
impacted endangered species, either by state or by island, and no consideration of mitigations.
Where are the responses of state and federal wildlife agencies to the statewide potential impact of the Hawaii High Speed Ferry? We cannot seem to find them anywhere.
Where is the provision for on-going monitoring of the wildlife impacts of the HSF?
We have also not been able to find a response by the United States Fish and Wildlife Service, Endangered Species Division, Marine Mammal Division or the Migratory Bird Branch in regards to potential impacts by the HSF to federally-listed threatened and Endangered Species, marine mammals and migratory birds found in Hawai`i.
We are requesting immediate, formal participation by federal environmental agencies considering potential impacts by the Hawaii High Speed Ferry to federally listed threatened and endangered species and it's potential to spread invasive species throughout the state of Hawai`i, causing further extirpation and extinction of protected species. Mitigation of impacts may include simple measures such as light shielding, and route timings, but need to be made by
qualified wildlife agencies, not the HSF company or the legislature, before initiation of any impacting actions, as is the intent of NEPA.
NEPA consideration of potential impacts to threatened and endangered Hawaiian species must include: `Alae `ula, Hawaiian moorhen, (Gallinula chloropus sanvicensis); `Alae ke`oke`o , Hawaiian coot, (Fulica alai); `Ae`o, Hawaiian stilt, (Himantopus mexicanus knudseni); Koloa maoli, Hawaiian duck, (Anas wyvilliana); Nene, Hawaiian goose, (Branta sandvicensis); `Ua`u, Dark rumped petrel, (Pterodroma phaeopygia sandwichensis); `A`o, Newell's shearwater, (Puffinus
auricularis newelii); `alala, Hawaiian Crow, (Corvus hawaiiensis); Band-rumped storm petrel, (Oceanodroma castro); Manu o ku, White tern, (Gygis alba rothschildi); `io, Hawaiian hawk, (Buteo solitarius ); Short-tailed albatross, (Phoebastria albastrus); `akohekohe, Crested Honeycreeper, (Palmeria dolei); Nihoa Millerbird, (Acrocephalus familiaris kingi); Kauai Nukupu`u, Kauai nukupu`u, (Hemignathus lucidus hanapepe); Maui Nukupu`u, Maui nukupu`u, (Hemignathus
lucidus affinis); `O`o `a`a, Kauai `O`o, (Moho braccatus); `O`u o`u (Psittirostra psittacea); Palila, palila, (Loxioides bailleui); Maui Parrotbill, (Pseudonestor xanthophrys); Po`ouli, po`ouli, (Melamprosops phaeosoma); oloma`o, Molokai Thrush, (Myadestes lanaiensis rutha); kama`o, large Kauai Thrush, (Myadestes myadestinus), puaiohi, small Kauai Thrush, (Myadestes palmeri); ilio holo i ka uaua, Hawaiian monk seal, Monachus schauinslandi); kohola¯,
Humpback whale, (Megaptera novaeangliae ); Sperm whale, (Physeter macrocephalus); Blue whale, (Balaenoptera musculus); Fin whale, (Balaenoptera physalus); Sei whale, (Balaenoptera borealis); North Pacific right whale, (Eubalaena japonica); Olive ridley turtle, (Lepidochelys olivacea); Leatherback turtle, (Dermochelys coriacea); Loggerhead turtle, (Caretta caretta); Honu `ea, Hawksbill turtle , (Eretmochelys imbricate); Honu, Green sea turtle, (Chelonia mydas);
and the `Ope`ape`a, Hawaiian Hoary bat, (Lasiurus cinereus semotus);
The following birds are offered protection under the Migratory Bird Treaty Act: Eurasian Skylark, (Alauda arvensis); House Finch, (Carpodacus mexicanus); Northern Cardinal, (Cardinalis cardinalis); Kolea, Pacific Golden Plove, (Pluvialis fulva); Band-rumped Storm-Petrel, (Oceanodroma castro);
White-tailed Tropicbird, (Phaethon lepturus); Wandering Tattler, (Heteroscelus incanus); Bristle-thighed Curlew, (Numenius tahitiensis); Pueo, Hawaiian Shorteared Owl, (Asio flammeus sandwichensis).
The Hawaiian archipelago is home to 22 species of breeding seabirds, three of which are endemic to the islands. Presently 75 % of known Hawaiian seabirds are extinct or threatened with extinction and listed on the Federal Endangered Species List (USFWS 1985). Island seabird populations have been declining worldwide. Seabirds within the Hawaiian archipelago are vital to a well-balanced marine ecosystem. The following sea birds are found in Hawaiian waters:
Moli, Laysan albatross, (Phoebastria immutabilis); Black footed albatross, (Phoebastria nigripes); `A, Brown booby,(Sula leucogaster); `A, Masked booby, (Sula dactylatra); `A or Mahi, Red-footed booby, (Sula sula), `Iwa, Great frigate, (Fregata minor); Black noody, (Anous stolidus pileatus); Noio koha, Brown noddy, (Anous minutus); Blue noddy,(Procelsterna cerulean); `Ou, Bulwer's petrel,, (Bulweria bulwerii); Bonin petrel , (Pterodroma hypoleuca); Christmas
shearwater, (Puffinus nativitatis); `Ua `u kani, Wedge-tailed shearwater, (Puffinus pacificus), `Ewa `ewa, Sooty tern, (Sterna fuscata); Koa e `ula, Red-tailed Tropic Bird, (Phaethon rubricauda); Koa e ke`o, White tailed Tropicbird, (Phaethon lepturus dorotheae) and must be considered.
Potential impacts to federally-listed threatened and endangered plant and algae species by introduction of invasive species of plants and animals is monumental and must be considered on a island basis due to the unique biological diversity of each island and cumulatively to the entire state. We have not been able to find any mitigation considerations for endangered plant species or the transfer of invasive weed seeds and invasive algae.
Preparation for inter-island ferry service was begun in FY 1996. Different types of vendors were being considered as late as 2001. In the Report to the Twenty-Second Legislature of the State of Hawaii Regular Session 2002, Senate Concurrent Resolution SCR 20, SUBJECT: REPORT ON THE STATUS OF THE STUDY ON THE FEASIBILITY OF AN INTER-ISLAND FERRY SYSTEM FOR HAWAI'I, the State of Hawaii Department (HDOT) advised the legislature that the state was considering
passenger as well as roll on/roll off (RORO) passenger vehicle, truck and bus service and with freight loaded on the vehicles. The inter-island ferry service was being approached as a business arrangement with the operator, where the HDOT would provide the facilities required and the operator(s) would be a lessee, responsible for the ferry vessel, its funding, maintenance and operation.
The HDOT began recommending environmental permitting requirements as early as 2002 with the HSF:
In working with these inter-island ferry proponents, HDOT has also advised them of the regulatory requirements for such operations, including the permits and approvals for the use and lease of port facilities, and the requirements that need to be met in the areas of environment, safety, utility (PUC), security, ADA, etc.
HSF received major Title XI funding through the United States Department of Transportation Maritime Administration (MARAD). MARAD had reservations about the lack of environmental scrutiny: On March 28, 2005 MARAD, in granting their Categorical Exclusion stated:
Based on the information available at that time, there appeared to have been very little, if any, NEPA or state environmental work performed related to the proposed ferry service that would be adequate for MARAD's responsibilities under NEPA. ..
But based their Categorical Exclusion on the Hawaii state Categorical Exemption issued by Hawaii Department of Transportation (HDOT), qualifying that:
MAR-820 recommends that the loan guarantee contract contain the requirement that Hawaiian High Speed Ferry (HSF) Corporation comply with all applicable environmental laws and regulations.
Serious consideration needs to be given to the validity of the MARAD Categorical Exclusion that was based on the Hawaii State Department of Transportation Categorical Exemption, since the ruling No. 27407 of the Hawaii Supreme Court on August 31, 2007, invalidates the state Categorical Exemption.
It is time for the Hawai`i Public Utility Commission (PUC) to reconsider their deferral of environmental review. The HSF has not shown that it
"has complied with all state and federal laws, rules and regulations".
No NEPA considerations have been made, as required by law. The "Certificate of Public Convenience and Necessity" based on PUC deferral of environmental review must be revoked as soon as possible, pending adequate environmental review by authorized wildlife agencies.
The Hawaii High Speed Ferry, Inc. has operated as an errant vendor of our ports, and has not followed recommended environmental procedures. Improvements to our port facilities are not wasted can perhaps be better used by a vendor that would be environmentally more respectful of state and federal laws and not cause so much trouble and litigation encumbrances. Perhaps an inter-island passenger ferry system would be a more environmentally sensitive start. If
the speed of the proposed HSF and the invasive species transfer by vehicle transport are the most critical issues, has any compromise been considered by HSF? Is this the kind of privatization of our port services that we, as a state, really need? Do we really need a Super- fast, Super Ferry?
Many companies operate with consideration to HEPA and NEPA; those that do not should not be offered special consideration. The Hawaii High Speed Ferry, Inc. cannot be allowed to begin operation without NEPA considerations. HEPA must not be overturned or compromised. The State of Hawai`i cannot risk federal enforcement of NEPA. Please follow the letter and intent of HEPA and NEPA and protect the endangered species of Hawai`i.
Thank you for your time considering the Endangered Species of Hawai`i. Mahalo for considering Environmental Justice in regards to HEPA.
Sincerely,
Hope Kallai
Malama Moloa`a
see also:
Island Breath: Can the Superferry be Stopped? 10/14/2007
Island Breath: Oahu not listening to Kauai 10/6/07
Island Breath: Council HSF Resolution 10/4/07
Island Breath: Recent Superferry News 9/29/07
Island Breath: Superferry Lawsuit Links 9/17/07
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