INDEX - JUSTICE
www.islandbreath.org ID# 0715-11

SUBJECT: SUPERFERRY HEARINGS

SOURCE: HENRY CURTIS henry.lifeoftheland@gmail.com

POSTED: 25 OCTOBER 2007 - 8:00am HST

Oahu tesminomy not overwhelming for HSF

live stream from Akaku of HSF Hearings today. Click on image to play at 9:00am 25 OCtober 2007.

by Henry Curis on 25 October 2007

On O`ahu there were fifty-five oral testifiers at the Legislative Information Briefing on 24 October 2007.

The pro and con for Superferry operations during the Environemental Study were:

Yes: 12 independent testimony
Yes:   1 independent with reservations
Yes: 10 Superferry employees
Yes:   5 Lingle Administration representatives

Subtotal: 28

Neutral Statements: 2

No: 25

The independent Yes's were far less than the majority of testimony.

Henry Curtis: Executive Director
Life of the Land
76 N. King Street, Suite 203, Honolulu, HI 96817.
phone: 808-533-3454
cell: 808-927-0709.
web: www.lifeofthelandhawaii.org
email: henry.lifeoftheland@gmail.com
SUBJECT: SUPERFERRY MAUI HEARING

SOURCE: LA CHUPEROSA http://lachuparosa.blogspot.com

POSTED: 25 OCTOBER 2007 - 11:15pm HST

Randy Awo is a hero!

by Harry Eagar on 22 October 2007 in The Maui News

A surprise testifier at Monday’s Hawaii Superferry slugfest at Baldwin Auditorium was state enforcement officer Randy Awo, who said he "wasn’t sure if it was politically correct, but I want to speak of my belief in Hawaii Nei rather than from a place of safety."

"Our kuleana is to administer the law to protect the culture and natural resources" of Maui County, said Awo, the branch chief of the Maui office of the Division of Conservation and Resource Enforcement.

It was his officers who intercepted three truckloads of river stones being
taken to the ferry on its first return trip to Oahu. And Awo testified about that investigation early in the monthlong hearing before 2nd Circuit Judge Joseph Cardoza that led to a permanent injunction against beginning ferry service until an environmental assessment is created.

As an employee of the executive branch, which is pushing for legislation to unleash the Superferry, Awo was literally between some rocks and a hard place in court, with a deputy attorney general jumping to his feet again and again to limit Awo’s testimony, in order to protect a continuing investigation.

Offering his personal testimony at the raucous Senate informational hearing was also touchy.

Awo said he was doing it because he is "very, very passionate about the privilege of being in an occupation that malamas Hawaii."

His father was a game warden when Hawaii was a territory, and Awo has been the modern equivalent since 1988. Despite best efforts, he said, it has been "very frustrating. You’re always behind the curve" in dealing with unwanted impacts.

Awo told the 10 senators he was not speaking in his professional capacity.
"I am here to express my concern about our ability to properly administer to the impacts that will surely occur," he said.

He said he was at an award ceremony Saturday for Art Medeiros, a Maui biologist, and he was struck by Medeiros’ description of how at first he just enjoyed being in Hawaii’s native forests. Only later, Medeiros said, did he have "a hana paa moment . . . that he was no longer free to just roam the forest without taking care of it."

He told the senators, "I hope this is a hana paa moment for all of you."
SUBJECT: SUPERFERRY HEARINGS

SOURCE: ANDY PARK shannonkona@gmail.com

POSTED: 24 OCTOBER 2007 - 2:30pm HST

Akaku Live Stream of Hearing

by Andy Parx on 24 October 2007

Ho`ike is going back to regularly schedulaed programming but Akaku has it streaming on-line at:

http://www.akaku.org/index.php?option=com_content&task=view&id=70&Itemid=131

Ho`ike cablecast the special session on Channel 53 today at 10:30am. Will do so tomorrow at 9:00am.
SUBJECT: SUPERFERRY HEARINGS

SOURCE: SHANNON RUDOLF shannonkona@gmail.com

POSTED: 24 OCTOBER 2007 - 5:30am HST

Big Isle majority opposes HSF without EIS


image above: "It takes an archipelago to stop a ferry!" Graphic by Jonathan Jay

From The Big Island

Amazing for Kona! Looked like about 400 plus. Lasted 5 hours, and most speakers against Superferry operations without Environmental Assessment first. Senators looked worried. I'm bushed... nighty-night.

Mucho aloha!

Hawaii Superferry splits Big Isle
by Kevin Dayton on 24 October 2007 in The Honolulu Advertiser

A divided audience of about 500 Big Island residents made sometimes impassioned pleas for and against the Hawaii Superferry at a hearing called by state lawmakers in Kona yesterday.

Supporters said the Superferry is offering a type of service that has been contemplated for decades to better link the islands for business and for disaster relief.

Opponents warned lawmakers that allowing the Superferry to operate before it completes the environmental review process under state law will set a dangerous precedent that undermines public confidence in the government and the law.
"I have many concerns, and I'm afraid of this Superferry. It is super-scary, for many reasons," said Ka'u resident Marie Burns.

Burns said she already sees a lack of enforcement of rules and laws created to protect the environment, and said the Superferry would bring in more people who would make the problem worse.

"We do not need to see more people added to this equation," she said. "The thought of Ka'u being so open to the rest of the state to access this precious jewel is scary."

She added that "the Superferry is a danger to the open spaces that we have left that need to be protected."

Representatives of canoe clubs from both Hilo and Kona spoke in favor of the Superferry, arguing the vessel would make it possible for clubs to compete in more events by making canoe shipping more affordable.

The Superferry is scheduled to begin service to Kawaihae on the Big Island in 2009.

Dianne Morgado, past president of the Hawaii Island Portuguese Chamber of Commerce, said the chamber strongly supports the Superferry as a new way to move agricultural products between the islands.

As for complaints that the environmental review is supposed to be completed before the Superferry operates, Morgado told lawmakers that "you made the law, you can change the law."

"The sad thing to me as I sat here today was knowing how much our residents fear people from O'ahu," she said.

Rich Caldarone, a resident of Kailua, Kona, told the Superferry critics in the audience at Kealakehe High School that they are kidding themselves if they think they can stop people from coming to the Neighbor Islands by blocking the Superferry. He pointed out the window of the school cafeteria toward the coastline plied by cruise ships to make his point.

'THEY'RE HERE, I'M SORRY'
"These people are coming, you're not going to stop them, they're here, I'm sorry," Caldarone said. "You people came here and nobody complained about you coming. That's what you have to think about."

The meeting was the final Neighbor Island hearing called by state lawmakers before they meet in a special session today to consider a bill that would require the governor to draft operating rules to mitigate potential environmental impacts caused by the ferry.

The measure also would set up a task force to oversee the operation of the ferry, and would increase plant and conservation inspection teams. A major concern voiced by meeting participants statewide is that the Superferry may spread invasive species.

The bill also would mandate an audit of the Lingle administration's actions in granting an environmental exemption to projects to accommodate the ferry at Kahului, Honolulu, Kawaihae and Nawiliwili harbors.

Lingle came in for special criticism, with activist Cory Harden calling for her impeachment. Harden said she was alarmed at the images of armed authorities confronting anti-ferry demonstrators on Kaua'i because "government should not be backing up corporate power in this manner."

John Buckstead, chairman of the Hawai'i County Democratic Party, said the county party is on record opposing the operation of the Superferry before the environmental review is done.

He blamed Lingle for the ferry crisis. "If the review had begun on time, it would have been completed long ago," he said.

'LET THE PEOPLE DECIDE'
Supporters of the Superferry urged lawmakers to resist the "vocal minority" that oppose the fast-moving vessels.

Ron Dela Cruz, a Waimea resident, said the vessels will give farmers and small-business owners a choice of ways to get their goods to market. He urged lawmakers to let the Superferry operate, and "let the people decide" whether to use it.
Those in favor of the Superferry included Big Island Mayor Harry Kim, who submitted testimony that was read to the committee.

Kim said he was concerned that using a special session to trump the court ruling that stalled the Superferry will lead to the perception of "politics overriding the legal process."

However, Kim said he is convinced the ferry would be beneficial for most people in the state, and said he hopes lawmakers can find a way to allow the ferry to operate while addressing the "reasonable concerns" of environmental endangerment.
SUBJECT: SUPERFERRY HEARINGS

SOURCE: DICK MAYER dickmayer@earthlink.net

POSTED: 23 OCTOBER 2007 - 6:00pm HST

Fax Testimony Now!

E X T R E M E L Y   I M P O R T A N T

Governor Lingle has called the legislature into a Special Session.

The Senate will hold a hearing at 10:00am WEDNESDAY morning October 24th
to discuss overturning the court's decision
to require a SUPERFERRY environmental review.

Fax your testimony, even if it is the same as you gave at the recent meeting.
fax: (1-800-586-6659)  or if unavailable:
fax: (1-808-586-6461), but try first number later.

CUT & PASTE THE FOLLOWING or SIMILAR ONTO THE TOP OF YOUR TESTIMONY.

Relating to SB 1 Relating to Transportation
Requiring an Environmental Impact Statement, Oversight Task Force, etc.

DATE: Wednesday, October 24, 2007 TIME: 10:30am

PLACE: Auditorium

Please distribute 35 copies to the Senators. Mahalo.

FROM:

Your Name 

(Your Signiture)

Your Mailing Address

Telephone (xxx) xxx-xxxx

Email yourname@email.com

THE SENATE
THE TWENTY-FOURTH LEGISLATURE
SECOND SPECIAL SESSION OF 2007

COMMITTEE ON JUDICIARY AND LABOR
Senator Brian T. Taniguchi, Chair
Senator Clayton Hee, Vice Chair

COMMITTEE ON TRANSPORTATION AND INTERNATIONAL AFFAIRS
Senator J. Kalani English, Chair
Senator Mike Gabbard, Vice Chair

COMMITTEE ON ENERGY AND ENVIRONMENT
Senator Ron Menor, Chair
Senator Gary L. Hooser, Vice Chair

Your Testimony Here
(Example) Please honor the Court's decision to require an
Environmental Review of the HDOT Harbor project BEFORE allowing
the Superferry to operate. If you pass this bill, please include all the
29 conditions proposed by the Maui delegation (based on the court
testimony during the recent trial.)

 

You should then add your testimony, maximum 5 total pages.
And fax as soon as possible.

Mahalo
SUBJECT: SUPERFERRY HEARINGS

SOURCE: DICK MAYER dickmayer@earthlink.net

POSTED: 23 OCTOBER 2007 - 8:00am HST

Maui opposes Hawaii Superferry bailout


by Christie Wilson on 23 October 2007 in The Honolulu Advertiser

A state Senate panel yesterday witnessed an eruption of pent-up anger and frustration from people on both sides of the Hawaii Superferry controversy.
A raucous crowd of about 400 attended the second stop of a three-island series of informational meetings on a draft bill that would allow the interisland ferry to operate while the state conducts an environmental study.

With few speakers adhering to a two-minute time limit during the session at Baldwin High School auditorium, only about 100 of the 180 who signed up to testify had been heard by the time the meeting, which began at 3 p.m., was brought to a close at 8pm.

The Maui meeting was particularly charged because the draft bill and a special session expected to be convened to pass it would undo a successful 2 1/2-year court challenge filed by Maui residents pushing for an environmental assessment.
Sen. Brian Taniguchi, chairman of the Judiciary and Labor Committee, tried to reassure the audience that lawmakers remain open-minded about the Hawaii Superferry debate.

"What you express today will be evaluated and possibly incorporated into the bill at special session. I can promise you we have not finalized anything and that rumors that this is a done deal are not true," he said.

The draft bill would require the governor to establish operating conditions to mitigate potential environmental impacts caused by the ferry, set up an oversight task force that would report monthly, increase plant and conservation inspection teams, and mandate an audit of the Lingle administration actions in granting an environmental exemption to ferry-related projects at Kahului, Honolulu, Kawaihae and Nawiliwili harbors.

Instead of addressing the bill's conditions, most of the testifiers urged the Senate to respect the legal process and to resist calls to put the ferry back in service.
Maui County Council Chairman Riki Hokama kicked off the testimony by declaring that passage of the bill would spark "a social and political revolution" unlike any seen since the movement that brought Democrats to power in Hawai'i during the 1950s.

"State government is at risk of being seen as out of touch with the recent growth on the Neighbor Islands," he said.

'SHORT-SIGHTED LAW'
Hokama reminded the 10 senators sitting on the panel that the Maui council unanimously passed a resolution in 2005 opposing start-up of the ferry without an environmental impact statement and an update of the Kahului Harbor master plan. The Kaua'i and Big Island councils passed similar resolutions.

He said the Department of Transportation's decision to exempt ferry-related harbor projects from an assessment excluded the public from participating in the environmental review process. "Passing this short-sighted law would only compound the series of errors by the administration," he said.

Hokama said the draft bill is a "disingenuous" attempt to circumvent court rulings requiring an environmental review.

Native Hawaiian cultural practitioner Charles Kauluwehi Maxwell Sr. said the state already has inadequate staff and lacks the resolve to protect Hawaiian burials and historic sites. "How are they going to watch when people from O'ahu come to Ke'anae and take all the 'opihi?"

Referring to the protests on Kaua'i, Richard Michaels of Maui Tomorrow said abandoning the Maui court ruling requiring an environmental assessment before the ferry can return to Maui would leave "taking to the water as the only successful way to stop the Superferry."

"If you do the right thing and with a little patience, we can do it all — environmental protection and the Hawaii Superferry."

BOOS FOR SUPPORTER
As the first person to speak in favor of the proposed bill, Hawaii Superferry employee Elisabeth Gapero took the brunt of abuse from some of the ferry opponents in the crowd and was nearly shouted down. Gapero urged the senators to "protect the people from this hysteria we have today and across the state."
"We are one state, we are one 'ohana ... I have family and friends on O'ahu and they aren't coming here to rape and pillage Maui," she said.

Her husband, Peter Gapero, said he is a Native Hawaiian who is looking forward to being able to travel on the ferry with his vehicle.

The reaction to testimony turned more civil as the meeting wore on, with the biggest applause reserved for attorney Isaac Hall, who won rulings in Hawai'i Supreme Court and in Maui Circuit Court requiring environmental review of the ferry-related harbor projects and ferry operations.

Hall said the state, the ferry company and those seeking an environmental study had four weeks to present their arguments in court on the same issues being considered by lawmakers. After hearing the testimony, the judge in the case ruled ferry operations have the potential for causing irreparable harm to the environment.
He said the lawmakers were "driving down a road with blinders on" because they lacked thorough information on the potential impacts.

"What in the world do you have to support your decision-making?" Hall said.
"You are on notice there will be irreparable harm if the Hawaii Superferry is allowed to operate. ... How dare you even consider passing an act."

Also in the crowd were a dozen state conservation officers from the Department of Land and Natural Resources. The head enforcement officer on Maui, Randy Awo, told the panel he was neither speaking for nor against the ferry.

"My concern is about our ability to properly minister to the impacts that will surely come as a result of the Superferry setting sail," he said.

He said it has been frustrating to feel passionate about his job while witnessing "the impacts that continue to erode away at Hawai'i's very special resources."
"I, as well as my staff, will do whatever is necessary when called upon to do what's right by Maui Nui. We have the desire, you have the means. We ask that you provide us the means to be effective with what we do."

The Senate panel will hold another meeting at 3 p.m. today at Kealakehe High School in Kona.

by Pamela on 23 October 2007

Aloha e team mates...

Well, my husband and I got there half an hour early, and we were #60 and 61 to sign up to testify. Although the meeting started right on time, and we were told in advance that it would take about an hour per 20 people, we got up to testify around the 4 hour mark, and the legislators had to leave an hour later to catch the last flight out to Big Island. So my guess, is that of the nearly 200 people who signed up to testify, probably only 70 or 75 were going to get to.

Fortunately, the majority of those who DID testify were incredibly eloquent - many were well researched in both the law, the cases and the various impact issues at hand. Of the 65 we heard first hand, SIX were Pro-ferry, and of those 6, at least two were ferry employees. One was a native Hawaiian who pulled the "you're all transplants" card - but after him came MANY native Hawaiians and generations long residents who wanted more respect for the "aina.

Isaac Hall gave a very impassioned speech, as one might expect of the man who has dedicated the last few years of his life to this issue, has won TWO court cases, and who is about to be swatted like a fly if this Bill, or any semblance of it, is passed.

One thing I feel sure of, the Senators who were present today were not there as a "dog & pony show". I saw real sincerity in their eyes, and a deep appreciation of the testifiers who had done their homework. They rarely cut anyone off - many spoke for at least five minutes. Although each senator took at last one break, each of them was mostly present and attentive for the bulk of the 5 hours spent, and other than calling out the names on the list, they mostly listened, took notes, and listened, and listened.

There were a few points brought up that we found particularly compelling, which I will address in a moment. The bulk of the testimony was centered around the issue that the courts have spoken and the law should be obeyed, not circumvented. There were a few who spoke passionately about the military connections, the transport of depleted uranium, but other than the issue of the law itself, the sham of this ill-conceived bill, and the dangers of the precedence it would set, the bulk of the rest of the concerns were about invasive pests, traffic concerns and the pillage of natural resources on an island that still has some.

Here were some points I was thrilled to hear brought forth since I didn't think of them myself:

#1) Since the Whale Avoidance Policy is based on two guys with binoculars (and a 300 foot blind spot in front of the boat), how will that be effective AT NIGHT, and in the rain and fog?

#2) In order for an EA to be truly authentic and effective, it has to start with a BASELINE - that baseline being things like the traffic assessment, etc., of conditions on these islands BEFORE the introduction of this new transportation business. How can any MEANINGFUL assessment be done once the operations of HSF are underway, and the various "impacts" are already taking place?

#3.) With only two days of operation under their belt, HSF already clearly proved that their "inspection process" was barely in existence when ferry riders who brought their cars reported that their cars were not inspected, nor were those of several cars in front and behind them. The whole "imu rocks" fiasco was a perfect
case in point, in that ferry officials were not even the ones who discovered or reported this illegal pillaging. That was the act of a Maui citizen, and not one associated with HSF in any way. How can we possibly expect any kind of trusted oversight of the inspection process?

#4) HSF, Inc. claims the ferry will benefit the business of local farmers. Why then, were there a dozen full time farmers who testified in favor of the law being upheld, and NOT ONE FARMER who came forth to testify on behalf of this alleged "benefit"?

#5) The DNLR is already understaffed and cannot keep up with the demands of resource management on our island. How then will they be able to oversee increased impact of beaches, camping areas and precious natural resources?

#6) And lastly - an issue that came up over and over again, including the
testimony of middle school and high school students: How do parents represent the value of the law to their children, and how do children perceive the value of the law, and why should adults obey ANY law, if our own government seeks to circumvent it for the sake of their own special interests?

I have to say I was disappointed, (as I suspected in advance that I would be), at the *number* of people who turned out. My guess would be we had about 300 people show up - and for an island this size, that's a gnat's ass. BUT, the quality of the testimony was outstanding in most cases, and the patience and sincerity of the Senators was moving.

Oh - one last comment: many spoke about how "civilized" Maui residents had been about this issue up to this point. "We followed the law and the process of the law" were words heard again and again.

But you could feel the "unrest" at the thought that Mauians had followed due process, got their day in court and eventually WON - and if Lingle & Co. were going to rip that "win" away by "breaking the law", then they would be equally forced to take the law into their own hands - ie, follow suit with Kaua‘i and use more drastic and possibly even UNlawful tactics. A very cute little 77 year old woman wearing an "impeach Lingle" sign on her head, said to the Senators,
"Don't make me have to jump in the water......."

Big Island, you're up next, and we are cheering you on!
SUBJECT: SUPERFERRY MAUI HEARING

SOURCE: JUAN WILSON juanwilson@mac.com

POSTED: 22 OCTOBER 2007 - 6:22pm HST

Maui speaks. Send tesimony. See Below.

Cick to hear a portion of the testimony of Lucienne De Naie, above, an activist with the Sierra Club

by Juan Wilson on 22 October 2007

Maui is now holding its Legislative Special Session Information Briefing on the Superferry by streamed on the internet at http://www.akaku.org/ at Baldwin High School. As on Kauai, there were many people filling the auditorium. Almost all the speakers spoke against the stated purpose of the draft legislation -  to get the Superferry running, even thought the courts have determined it cannot run without an environmental assessment.

The senators on the panel have been patient and seem to be really listening to the testimony that is being presented.

Next it is the Big Island and on Wednesday, the last public meeting will be held on Oahu. Please read the article below to know how to submit your testimony on this vital issue.

Note that at 6:38pm a representative of the Maui mayor, Charmaine Tavares, read a statement demanding environmental assessment before the Superferry sails. The message from the Mayor said "The ends do not justify the means." Where was Kauai mayor Bryan Baptiste? Hiding under his desk again?
SUBJECT: SUPERFERRY KAUAI HEARING

SOURCE: JUDY DALTON dalton@aloha.net

POSTED: 22 OCTOBER 2007 - 1:00pm HST

Kauai spoke. Now time to send tesimony.

image above: King Kamualii School Cafeteria in Hanmaulu during Information Briefing
see http://www.davidallio.com/kauai/07sf.htm for some great images of the event

CRUCIAL: Email NOW! Superferry 10/21 + 10/24 hearings. Please send (same) testimony for both hearings immediately.

Wow! What a phenomenal turn out yesterday at the Supeferrry hearing and what amazing, eloquent, heart-felt testimony you gave to the senators who came here!
NOW, IT IS CRUCIAL to email your testimony - if you spoke or didn't speak - to make it part of the pubic record and so that senators not present yesterday will realize Kauai's position. We have a chance of preventing the Superferry from sailing prior to completing an EIS but ONLY IF YOU EMAIL THEM NOW.

SO THAT OUR GREAT ENERGY CAN SPREAD TO ALL THE SENATORS & BE OFFICIALLY COUNTED, PLEASE SEND 2 EMAILS FOR BOTH SUNDAY'S KAUA'I HEARING AND WEDNESDAY'S SPECIAL SESSION HEARING IMMEDIATELY.

PLEASE NOTE: Send in your testimony TWICE: One for yesterday's (Sunday) hearing which is requested within 24 hours* following the 10/21 meeting on Kauai plus testimony for the Senate's Second Special Session of 2007 which meets this Wednesday, 10/24. That testimony needs to be at least 24 hours prior to the hearing. Below are both announcements.

Please copy and paste into two separate emails. There's no need to come up with two different letters. You can use the same one twice. The important thing is just do it - even if it's only a couple of lines long. Please do not miss this opportunity to present a united front of NO SUPERFERRY UNTIL THE EIS IS SUCCESSFULLY PERFORMED.

*If you're opening this email more than 24 hours after Sunday's hearing, you can still send email but NO LATER THAN than 10:30 am on the 23rd, which is also the deadline for Wednesday's hearing.

To: testimony@capitol.hawaii.gov

Subject: (upon checking with Sen. Taniguchi's aid) All correspondence begins with "Supeferry" and can include an additional comment. You could say something like: "Supeferry must get an EIS first" or words to that effect.
Make sure the written testimony has the committee names from the meeting notice, place, date and time, (just copy and paste from the 2 different notices below) and your own name and address.

(Note that email to individual senators will not be accepted.)

Hearing notice for (10/21) Sunday's hearing that was here on Kauai:

THE SENATE
THE TWENTY-FOURTH LEGISLATURE

COMMITTEE ON JUDICIARY AND LABOR
Senator Brian T. Taniguchi, Chair
Senator Clayton Hee, Vice Chair

COMMITTEE ON TRANSPORTATION AND INTERNATIONAL AFFAIRS
Senator J. Kalani English, Chair
Senator Mike Gabbard, Vice Chair

COMMITTEE ON ENERGY AND ENVIRONMENT
Senator Ron Menor, Chair
Senator Gary L. Hooser, Vice Chair

NOTICE OF INFORMATIONAL BRIEFING
DATE: Sunday, October 21, 2007
TIME: 2:00 p.m.

PLACE:
King Kaumualii Elementary School Cafeteria
4381 Hanamaulu Road
Lihue, HI

A G E N D A
The Committees will be hearing a Senate Bill that will be introduced at the convening of the Second Special Session of 2007 on Wednesday, October 24, 2007. The subject of this bill will be to permit the operation of an inter-island ferry service in the State of Hawaii while an environmental impact statement is being conducted, while at the same time, ensuring that there is adequate protection of the environment. The bill will also establish an oversight task force for the purpose of examining the impact of inter-island ferry operations on the communities, environment, and harbor and other infrastructures.

The Committees are inviting members of the public to present their views and concerns on this proposed legislation. The Committees would like to hear from as many individuals as possible, and are anticipating a large volume of individuals wishing to present testimony. As such, and as a courtesy to those patiently waiting for their opportunity to address the Committees, it is requested that each individual limit their oral testimony to two (2) minutes. Individuals wishing to present oral testimony will need to sign-in at the designated table. Oral testimony should also be submitted to the Committees in writing within twenty-four (24) hours following the informational briefing through one of the methods indicated below.

Persons wishing to testify should submit testimony in one of the following ways:
· In person: one (1) copy of their testimony to the informational briefing.
· By fax: Testimony may be faxed if less than 5 pages in length, to the Senate Sergeant-At-Arms Office at 586-6659 or 1-800-586-6659 (toll free for neighbor islands), 24 hours following the hearing.(per Taniguchi's asst.) When faxing, please indicate to which committee the testimony is being submitted, the date and time of the hearing, and the number of copies needed for submittal.
· By Email: Testimony may be emailed if less than 5 pages in length, to the Legislature's Public Access Room at testimony@capitol.hawaii.gov. Please indicate to which committee the testimony is being submitted, the date and time of the hearing, and the number of copies needed for submittal. In addition, please provide the testifier's name and mailing address in the email. Email sent to individual offices or any other Senate office will not be accepted.

FOR FURTHER INFORMATION,
PLEASE CALL THE COMMITTEE CLERK AT 586-6460.

Senator J. Kalani English, Chair
Senator Brian T. Taniguchi, Chair
Senator Ron Menor, Chair



Hearing notice for Wednesday, October 24, 2007 at the State Capitol. Here is the link online:

http://www.capitol.hawaii.gov/splsession2007b/hearingnotices/JDL-TIA-ENE_10-24-07_.htm

(The same as below.)

THE SENATE
THE TWENTY-FOURTH LEGISLATURE
SECOND SPECIAL SESSION OF 2007
COMMITTEE ON JUDICIARY AND LABOR
Senator Brian T. Taniguchi, Chair
Senator Clayton Hee, Vice Chair

COMMITTEE ON TRANSPORTATION AND INTERNATIONAL AFFAIRS
Senator J. Kalani English, Chair
Senator Mike Gabbard, Vice Chair

COMMITTEE ON ENERGY AND ENVIRONMENT
Senator Ron Menor, Chair
Senator Gary L. Hooser, Vice Chair

NOTICE OF HEARINGDATE: Wednesday, October 24, 2007
TIME: 10:30 a.m.

PLACE: Auditorium State Capitol
415 South Beretania Street

A G E N D A
Notice is hereby given that the Committees will be hearing a Senate Bill, that will be introduced at the convening of the Second Special Session of 2007 on Wednesday, October 24, 2007; and pending a referral to JDL/TIA/ENE. The subject of this bill will be to permit the operation of an inter-island ferry service in the State of Hawaii while an environmental impact statement is being conducted, while at the same time, ensuring that there is adequate protection of the environment The bill will also establish an oversight task force for the purpose of examining the impact of inter-island ferry operations on the communities, environment, and harbor and other infrastructures.

Note: Copies of the proposed bill will be available online at www.capitol.hawaii.gov.
Decision Making to follow, if time permits.

Persons wishing to testify should submit testimony in one of the following ways at least 24 hours prior to the hearing:

• In person: one (1) copy of their testimony to the committee clerk, Room 219, State Capitol.

• By fax: Testimony may be faxed if less than 5 pages in length, to the Senate Sergeant-At-Arms Office at 586-6659 or 1-800-586-6659 (toll free for neighbor islands), at least 24 hours prior to the hearing. When faxing, please indicate to which committee the testimony is being submitted, the date and time of the hearing, and the number of copies needed for submittal.

• By Email: Testimony may be emailed if less than 5 pages in length, to the Legislature's Public Access Room at testimony@capitol.hawaii.gov.

Please indicate to which committee the testimony is being submitted, the date and time of the hearing, and the number of copies needed for submittal. In addition, please provide the testifier's name and mailing address in the email. Email sent to individual offices or any other Senate office will not be accepted.

If you require special assistance or auxiliary aids or services to participate in the public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the committee clerk 24 hours prior to the hearing so arrangements can be made.

Public Folder. A folder labeled “Public Folder” containing the measures and testimonies for the hearing will be available for shared use by members of the public.

FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT 586-6460
Senator J. Kalani English, Chair
Senator Brian T. Taniguchi, Chair
Senator Ron Menor, Chair

SUBJECT: SUPERFERRY KAUAI HEARING

SOURCE: LANNY SINKIN lanny.sinkin@gmail.com

POSTED: 21 OCTOBER 2007 - 10:00pm HST

Kauai speaks at legislative briefing

by Lanny Sinkin on 21 October 2007

What I have heard so far is that hundreds of people showed up, wandering in and out, probably 400+ inside and about 175 outside at least. Legislators made clear in the beginning that they were there to listen, not to tell people what is going to happen.

The people spoke eloquently with a consistent theme that an EIS has to be prepared first and that there should be no special session or no special legislation saying otherwise. The atmosphere was not tense. Surprisingly, Senator Hanabusa showed up roughly two hours after the session began and sat in on the hearing.

At least one presenter called upon the legislators to pursue the impeachment resolution re: Lingle. Only one

One legislator Hanabusa said that what could happen is that the Legislature could convene based on the Governor calling the session and then adjourn. Now that would be an interesting development. If gov calls it they have to attend. BUT she has yet to call the special session and the senators find that very interesting.

One observer said that as the evening wore on the testimony got repetitious and legislators were starting to fade. Right, I left after 4 hours Then someone told a story about Kaua'i warriors saving O'ahu from cannibals and woke everyone up. The power of story.

As more information comes in, I will pass it along.The message repeated all night was No special session, no Bill. No EIS first, no Superferry. No exemptions, no concessions.

All the groups were in agreement. Senators were warned that the harbor would be filled with protestors if the Superferry tried to return.

[Editor's Note: I recieved a phone call that mentioned that at least two Kauai residents who gave testimony that Linge should be impeached.]
SUBJECT: SUPERFERRY KAUAI HEARING

SOURCE: JUDY DALTON dalton@aloha.net

POSTED: 20 OCTOBER 2007 - 10:00am HST

Legislative Briefing on Superferry here!

image above:photo illustration of "Ferry Go Round" by David Swann of the Honolulu Star Bulletin

by Judy Dalton dalton@aloha.net on 20 October 2007

The state Senate is holding public informational briefings on Kaua‘i, Maui, and the Big Island regarding legislation to help Hawaii Superferry operate. It is important for your voice to be heard by our state senators.

We have asked for your support to write letters and vote in polls, we now encourage all supporters to attend the informational briefings and speak out. Informational briefing schedule:

WHAT:
Briefing on Superferry conducted by Legislature
prior to Special Session on Superferry Operation

WHERE:
King Kaumali'i Elementary School: Cafeteria
Hanama'ulu, Kauai
4380 Hanmaulu Road (Turn by 7-11 store)

WHEN:
2:00 pm this Sunday on 21 October
Come early to register to speak.

This is what we've all been waiting for - the opportunity to talk to senators in person about the Superferry!

If points are made clearly and succinctly in a respectful manner, we'll have more of a chance to be heard. Not all the senators are coming as some have already made up their minds that they want to "help" the Superferry.

So most of the senators who are coming want to hear what we have to say. Let's take this opportunity to let them know how much we care about the environment, wildlife and our culture by giving them convincing reasons to get an EIS first.

A couple of options that people have been considering include but are not limited to:

1. No Operations before EIS
Wait until the EIS is successfully completed to see if it's protective of marine life, eliminates invasive species transfer, reduces cultural impacts, etc.

2. Conditional Operations
Push for strong conditions such as protecting whales & other marine life by traveling under 12 knots per hour. The conditions we would set forth would be non-negotiable. If a deal isn't made on very strict conditions, it doesn't sail until the EIS is completed.
SUBJECT: SUPERFERRY KAUAI HEARING

SOURCE: RICHARD HOEPPNER dalton@aloha.net

POSTED: 20 OCTOBER 2007 - 7:00pm HST

Legislative Briefing Plans

by Richard Hoeppner richoep@aloha.net on 20 October 2007


This bill that has been proposed was written by the Lingle/superferry coalition, not by the legislators. I spent two day this week in Honolulu talking to Senators and House Reps and not all of them support this bill.

They are coming to Kauai to listen to us, not to pull a "lingle" with laws and punishments. We can either prove the news media correct that we are beligerant and rude, which will not win us any votes, or we can show Kauai Aloha and respect, and convince them this bill should not be passed. I don't believe as some do that it is a "done deal".

by Judy Hilke Lundborg judie@aloha.net on 20 October 2007

The bottom line is our legislators insisted that our views be heard BEFORE their special session. Let's show them that when they come to listen, rather than tell us how it's gonna be, we do have aloha. And that's not to say that I agree with the special session, which I totally don't, but I really pressed Gary to come BEFORE and for that I'm grateful. Let's just speak our hearts - each and everyone of us!

by Lee Tepley leetepley@earthlink.net on 20 October 2007

I mostly agree with Lanny’s e-mail which I will attach in case some of you have not seen it.

However, I don’t agree with Lanny’s suggestion of just standing silently. I think we should all make statements.

My plan (subject to modification) is to say some complimentary things about the intelligence of the legislators (and maybe even about Governor Lingle). I might also say how I understand that their vote might be swayed by the fact that most Hawaiians are in favor of the Superferry and that I even understand how they could believe that most environmentalists are kooks.

I then plan to say that despite the above, the bill itself is clearly a violation of the separation of powers on both the national and the state level and that by voting for the bill, they will be voting to over-rule the Court System and both the United States constitution and the constitution of the State of Hawaii.

I plan to conclude with a statement to the effect that because of the constitutional issues, the bill itself is a disgrace and that they should be deeply ashamed of themselves if they end up voting for the bill.

However, I expect that they will submerge their guilt feelings and most of them will vote for the bill anyhow.

by Lanny Sinkin lanny.sinkin@gmail.com on 20 October 2007

I have been giving a lot of thought to the hearings and what they mean or do not mean.

As far as what I have seen, one of the reasons that we are spending so much time and energy on this matter is the concern that a confrontation will take place in harbor waters that will stain Hawaiian history.

I consider it totally understandable that the people on Kaua'i are in a pre-revolutionary mode. They have been abandoned by practically every political leader and law enforcement official in the State and targetted by a Unified Command of Federal, State, and local law enforcement for taking actions which they justifiably view as attempting to enforce the law. Only a handful of elected officials in the occupying government and the Kingdom without enforcement power have stood up for them.

Under those circumstances, outrage is an appropriate response. In fact, had there not been such an outburst of outrage at the meeting the Governor went to on Kaua'i, I am certain that Superferry would have returned on September 26 and that the confrontation would have taken place. Only when Superferry saw the numbers, level of commitment, and sense of outrage demonstrated at the meeting did they decide to cancel the trip.

My mana'o is that the legislature is about to cave in to the Governor and give her what she wants. Having usurped the Judicial Power, the Legislature will now abandon their role to let her usurp the Legislative function. I am convinced, however, that the bill they will pass in a rush will clearly be defective constitutionally. In fact, I am no longer inclined to inform them of defects in order to increase the likelihood those defects will remain.

They will hope that we sue and the courts kill the bill. They can then say to the Governor that they passed her bill, the bill was defective, they want to get on with the business of the state, so get over it already and leave us alone about Superferry.

At the same time, just because that seems like a reasonable projection of what will happen does not mean that is what will happen. The courts might cave in and allow the bill to stand. If the Legislature would just stand up to the Governor, the matter could end now without that risk. So dealing with what is before us, we have to decide how to address legislative representatives who appear to truly want to give people in the outer islands some opportunity to be heard and, at the same time again, are offering each person two minutes. This gives the impression of a sham hearing, just so that they can say they did it.

At a practical level again, the people who shouted, booed, and cursed Lingle got their point across. The Superferry did not come back. They have the high ground in the debate about what to do when they say that having a dialogue with the Legislature about how to pass a "good" bill is ridiculous and counter productive. The tricky part is that the legislators that they should really be hollering at are probably not going to be there. Hanabusa and Say are the leadership. If they are not there, that sends a message that the hearing is not considered necessary or important.

The ditching of all the environmental conditions suggested out of Mau'i is already proof that the Legislature is not listening or inclined to make any real changes in Lingle's bill. So I go back to the scenario that I put forth above. If the Legislature really just wants to give Lingle what she wants, believing that what she wants will fail judicial muster, then the hearing is really meaningless at all levels from the government's point of view.

Having wandered about looking at different aspect of the situation, therefore, my personal mana'o would be that there is no point in testifying at the hearings. My reasoning is that going there to educate/propose/participate is demonstrably futile and only legitimizes an illegitimate process. The Legislature is already going to do what the Governor wants. Going there to yell is counterproductive because some of the people there are with us and the ones who should be there to hear us yell are not going to be there. In fact, the failure of opponents to testify might speak louder than words.

There is the argument that testimony will be covered by the press. Points made might reach others through the press. I consider legitimizing the hearings and giving up the opportunity to speak loudly through silence are too high a price to pay for educating the public at this point, particularly since such public education is not going to change the outcome at the Legislature.

Bottom line: If I were there, I would stand throughout the hearing with arms folded and stare at the Legislators. I would not testify. I would come into the hall early and join my 'ohana as close to the tables where the legislators will be sitting as possible. I would stand silently with arms folded. I would not block access by anyone who wishes to testify. I would ignore any instructions or requests from the legislators to take seats. I would hope the area fills up with my brothers and sisters. No sound.

I remember being in a hotel in Oaxaca, Mexico located on the main square. I woke up in the morning and there was a strange silence outside my window. I walked out on my terrace to see what was going on. There below me were hundreds of campesinos standing with their arms folded staring at the government building on one end of the square. There had been a land occupation protesting dispossession and a number of people had been arrested. The campesinos in the square had come to demand the release of their 'ohana and did so with their silent presence. The release took place later that day.

Imagine if you guys could pull off a thousand people standing silently as witnesses to the betrayal of trust and disintegration of the rule of law emerging from the Superferry episode. The emotion of the Lingle episode would be replaced with a demonstration of calm resolve that might speak volumes.

I invite your feedback.

Mahalo for the opportunity to dialogue with all you wonderful people.

by Elaine Dunbar inunyabus@gmail.com on 20 October 2007

I have just had divine intervention. You also reinforced my feelings that we are legitimizing, sealing the deal of their corrupt plan.

For the last 2-3 hours I have been in computer hell trying to find a document that I spent several hours preparing for written testimony refuting everything in the draft by way of constitutional excerpts. I can't recover that thing and now I understand why. We are not supposed to help them improve their shoddy legislation and help them find the loopholes.

I am to stand silent in the most powerful mode of protest there ever was.
Thank you. It is enlightenment.

www.islandbreath.org

Pau