POSTED: 17 JANUARY 2008 - 8:00am HST

Hawaii Superferry Task Force Meets

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Notes on HSF Oversight Task Force Meeting
by Kyle Kajihiro 11 January 2008

These are just rough notes and recollections of the meeting. Please use your discretion and share with the appropriate people. Please don't broadcast this widely. Thank you.

Superferry Oversight Task Force Meeting (OTF) 1/10/08

• Call to order and adoption of minutes
• OTF organizational Structure
• Coast Guard: Capt. Barry Compagnoni, Commander Honolulu
• Rapid Risk Assessment overview: Belt Collins
• Dept of Ag inspection procedures
• Hawaii Superferry presentation on inspections, infractions, procedures
• OTF mission and tasks
• OTF reporting format and preparation of reports
• Meeting schedule, location and tours/briefings
• Community input
• Adjournment

OTF decided to continue with DOT staff (Formby) facilitating with no election of officers.

US Coast Guard (USCG) described security situation without divulging "security sensitive" information. USCG derives its authority to establish security zones from the Magnusson Act to protect public property, safety, etc. Additional laws created the moving 100 yd security zone around passenger liners and large ships.

Currently security zone expired for Nawiliwili. Security zone at Kahului established 12/1/07, in effect until 1/31/08. Now discretionary.

Normally USCG must do 21 day notice and comment period before establishing new rule. But they have authority to impose security zone without public notice in an "emergency". Rules are in effect as soon as signed by the port captain. But public is deemed to have gotten notice as soon as published in Fed. Register which could take up to ten days. They said that the rule is still enforceable, but they must give a warning first if the notice has not yet been published.

I asked what was the cost to the public (money and human resources) expended by the USCG for the extraordinary mobilization of force against the community to protect a private company. He would not give out any "security sensitive" information.

Leslie, from Belt Collins, briefed the OTF on plans for the "Rapid Risk Assessment". She handed out a booklet with the Scope of Work and resumes of consultants. Only OTF members got a copy. FOLKS SHOULD REQUEST THIS.

This is only the scope of work statement, but it was handed out at the meeting and should be a public document. I'm not sure when the final report is due. This is not to be confused with the EA. That's a separate document/process.

Two names that came up were Kaleo Patterson and Haaheo Guanson hired as cultural specialists. Collette Machado said she had a problem with the person listed as the archaeological consultant. Leslie reported that their teams did on site observation of the inspection procedures.

Dept of Ag rep Domingo Cravalho reported on their monitoring. Since DOA got no additional funds, they had to stagger schedules of staff to do the early morning monitoring on Oahu. They also did trainings with HSF staff on several islands. They have a hotline to report invasive species: 643-7378 (643-PEST). He handed out a powerpoint and photos - FOLKS SHOULD REQUEST THIS.

DOA monitored 15 round trips O'ahu to Maui.

O'ahu to Maui leg:
• 2813 passengers
• 901 vehicles
• 14 instances - 39 dead bees (no mites detected)
• 6 instances of seeds
• 1 instance - 50 orchids without certification
• 1 case leaf litter
• 1 case fishing nets

Maui to Oahu leg:

• 2440 passangers
• 736 vehicles
• 9 instances - 67 bees (no mites detected)
• 7 cases of seeds
• 2 cases of uncertified plants (lavender and coconut)
• 5 instances - 9 vehicles with excessive mud
• 2 instances - 2 vehicles with sand and soil

Someone asked how they could know there were no mites. He said that most of the bees were long dead and dried up. So the mites drop off. Their protocol is to collect the specimens and take it back to a lab for closer examination.

DOCARE (DLNR) - Randy Awo reported that on 1/10/08
2 cars intercepted with opihi, (One car had 5 bags of opihi hidden in a cooler under some other stuff.). 1 car with ogo.

DOCARE does not have authority to require inspection of passengers luggage or cars. They must ask for permission to look inside. On the other hand HSF employees have full authority to check anything that passengers bring on board.
He said "we can't be there forever".

Awo suggested that all govt enforcement officers be given power to do random searches/inspections of passengers and cars. OTF voted to recommend legislation that grants enforcement including DOCARE, DOA, etc to do searches and increase funding for these programs. Garibaldi and Ohalloran both looked at each other and made funny faces. But Garibaldi voted for it in the end. Someone suggested that when the ferry was traveling and all passengers are out of the car port area, inspectors could go through the cars. Garibaldi and Ohalloran looked a little nervous about that suggestion.

Ohalloran reported that from 12/13/07 to 1/6/08 HSF made 21 round trips from Oahu to Maui.

• Oahu to Maui leg averaged 167 passengers and 53 vehicles.
• Maui to Oahu leg averaged 157 passengers and 47 vehicles.
• They sailed south of Molokai on four out of the 12 voyages in 2008.
• On Oahu they found 4 infractions in 2007 and 1 in 2008
• On Maui they found 22 infractions in 2007 and 12 in 2008

Honolulu terminal:
• 2 instances of plants without cert.
• 2 instances of fishing nets
• 2 instances of declared plants
• 3 instances of declared fruits
• 2 instances of declared seeds
• 1 instance of 3 dead bees
• 2 instances of opihi
• 3 instances of cut wood

Maui terminal:
• 13 instances of muddy cars
• 4 instances of plants w/o cert.
• 1 instance of fishing net
• 2 instances of rock, sand dirt
• 11 instances of declared plants
• 53 instances of declared fruit
• I had to leave at that point.

Other notes...
OTF discussed possibility of having meetings on neighbor islands. Perhaps folks on Maui would want to request this.

I asked if the notes, agenda, etc are on a website. Reply: not yet, working on it. I asked that they send me whatever documents they had electronically and I would forward it to others. They said that they would.

I recommend that others contact DOT Formby's office and request the minutes, agendas and all reports and handouts for this past meeting and that the documents for all future meetings be made available on an easy to access website. Also demand that a system be set up to receive notice by email and agendas in advance of meeting.

I didn't not have a chance to raise all the points that others forwarded to me. One contradiction is that Garibaldi's presence on the OTF is a conflict of interest. He should not have a vote. It was really insulting that they kept trying to act as if the OTF process was for some generic "large passenger ferry" when all they discussed was Superferry.

I think folks should contact OTF from your island and press them to raise issues and ask questions. The task force members did not say much aside from the ones giving reports.

Overall the impression that came across from the OTF was that all the inspection and monitoring procedures were working and that the OTF didn't have much to add. So can we get the OTF members from the community to at least fight harder?

What the statistics don't say is how many cars/ bags did they actually open up. The ratio of "infractions" to actual inspections would say something about the level of risk. As Awo said, people will try to cheat, lie and break the rules. So DOCARE has to be more aggressive to look into stuff. Superferry personnel can and do ask people to open up luggage but they do not look under the ice in a cooler for example. HSF is running way below capacity or even break even point, so if the business were to ever pick up, could they even manage the volume to catch all the infractions?

Another question that came to mind: Would HSF have a different procedure for checking in military personnel and equipment?

Here's the number for Debbie, the DOT assistant to Formby: 808-587-3651



POSTED: 17 JANUARY 2008 - 7:30am HST

Minutes of HSF December Task Force


Released December 14, 2007

Attending Members:
Members PresentRussell Tsuji (DLNR)
Sandy Kunimoto (DOA)
Dennis Chun (Kauai)
Randy Awo (Maui)
John Garibaldi (Hawaii Superferry) William Aila (Oahu)
Jeff Mira (Kauai)
Sara Peck (Kona)
Michael Matsukawa (Kauai)
Michael Lau (AG)
Collette Machado (Molokai)

Michael D. Formby (Deputy Director, DOT-Harbors) - Facilitator
Alternate DOA Designee: Domingo Cravalho (DOA)

Other Attendees:
Margaret Ahn- Deputy AG
Dean Watase – Planner, DOT-Harbors
Debbie Kuwaye – Assistant to Michael D. Formby, DOT-Harbors

Call to Order:
Member Formby, as the Act 2 DOT Facilitator, called the meeting to order at 1:40 p.m. and convened the first meeting of the Temporary Inter-island Ferry Oversight Task Force (OTF). 12 members present, 1 absent.

Member Machado arrived 1:45 p.m.

Member Machado asked if the meetings are subject to Chapter 91, Sunshine Law and if it was filed for notice with the AG’s office. Member Formby answered affirmatively to both questions.

Member Formby explained the contents of the Binder that was passed out to all OTF Members. Included were the Agenda for December 14, 2007 Meeting, OTF Members’ contact information, Act 002, Executive Order 07-10, Agreement between Hawaii Superferry (HSF) and the State of Hawaii, Operating Agreement with Amendment and HSF public information and notices posted on their website.

Member Formby discusses the Task Force Mission via reference Act 2: “The goal of the temporary Hawaii inter-island ferry oversight task force shall be to study the State’s actions regarding the establishment of the operations of any large capacity ferry vessel company as a whole and to examine the impact, if any, of the operations of any existing or proposed large capacity ferry vessel company on” the listed nine areas to be concerned, areas which are consistent with the requirements of Chapter 343. Reference Page 44, Section 13(a).

Member Formby also referenced the Act 2 Reporting Requirements for additional mission guidance: “A listing and description of the mitigation measures established to deter or minimize any adverse environmental impact of the large capacity ferry vessel company and its operations; and a review of the mitigation measures implemented and the efficacy of those mitigation measures on deterring or minimizing any adverse environmental impact caused by the operation of the large capacity ferry vessel company and its vessels.” Reference Page 47, Section 13(d).

Member Formby explained that this is the statutory guidance and invited comments and/or questions.

Member Chun asked how the OTF will obtain information. Member Formby suggested that, as the DOT facilitator, if the OTF needs information, he will try to provide whatever he can. For educational purposes, the Pier 19 and HSF Tour will be conducted today. Member Formby also suggested that it is possible for future meetings to be scheduled on the neighbor islands to visit other terminal facilities. This will be decided by the OTF.

Member Peck sought clarification on OTF’s review of mitigation measures aimed at deterring or minimizing any adverse environmental impact. Member Formby discussed his intent to conduct the first meeting as an organizational meeting with the early OTF meetings being education in nature since the EIS contractor and its Rapid Risk Assessment (RRA) will not be available to the DOT to report on the status. Member Formby discussed the problems with the OTF being a public meeting and the OTF group actually riding the ferry as part of a scheduled meeting. Member Formby reported that the EIS contractor, Belt Collins, is in the early stages of its review. The contract is in the process of being executed and the EIS contractor is also required to do a RRA which will start in January 2008 and occur over the first three months of operation, including unannounced visits to observe and make sure HSF employees are complying with Act 2 as well as Exec Order 07-10 (40 conditions on operation). The EIS contractor will prepare a RRA report at the end of two months to be delivered to Governor, Legislature and the OTF.

Member Awo asked if it was possible for Belt Collins to provide the criteria they used in selecting people to be on the Rapid Risk Assessment team. Member Formby will check as he is unsure if the OTF has the authority to provide input to the EIS contractor. Member Formby indicated that the EIS contractor has received information from subcontractors that are interested in providing RRA services. He will ask the EIS contractor to brief the task force.

Member Aila inquired regarding HSF inspections and asked if any of the subcontractors are culturally educated. Member Formby will ask Belt Collins to share with the task force the resumes of the people they are considering or have contracted with on the RRA. He will also ask Belt Collins to provide the OTF a copy of their EIS and RRA Scope of Works.

Member Matsukawa asked who the lead is at Belt Collins. Dean Watase replied Leslie Matsumoto.

Member Peck inquired about the monthly reports and how the OTF will compile them. Member Formby indicated that Act 2 does not provide guidance, but that the OTF is responsible for submitting monthly status reports of its findings and recommendations to the legislature at the end of each month commencing December 2007. For the first meeting, since it’s principally organizational and educational in nature, Member Formby offered to prepare the report.

Member Chun asked what kind of actions the OTF could take if something is wrong or not working. What comes after that? Member Formby offered his thoughts that pursuant to Act 2, the OTF is charged with providing findings and recommendations to the Governor and Legislature and the Governor and Legislature, not the OTF, have the ability to impose additional conditions on the ferry.

Member Chun’s offered his personal view that he wanted the OTF process to be meaningful and he did not want to waste his time if nothing came out of what the OTF recommended.

Member Machado expressed concern about community input. She wants the agenda to reflect community input on the agenda. Member Formby indicated he will put community input on the agenda for future meetings.

Member Machado explained to Member Formby that she compared her role on the OTF as looking for an “uku.” Member Machado wants to know what Belt Collins will be doing, how the screening will be done and if the screeners have training and scientific backgrounds. The screeners that we are looking for are cultural, scientific, skilled “kama?aina archeologists.” Member Formby stated he does not know if it is legally possible for the OTF “to affect the scope of work” for the EIS contractor.

Member Aila requested a presentation by the Coast Guard regarding the safety zone. Member Formby stated that he will invite the Captain of the Port and will agenda the item for the next meeting.

Member Machado asked if we meet monthly. Member Formby stated that inasmuch as we are required to provide a written report at the end of each month, we need to meet monthly.

Member Formby discussed organization of the OTF. Issues include, but are not limited to, whether to have a Chair and/or Vice Chair or simply have a task force of 13 equal members facilitated by DOT as per Act 2. Organizational issues will be the first agenda item at the January 2008 meeting. Member Peck queried why the OTF would need a Chair/Vice-Chair.

Member Peck inquired regarding email communications between members. Do discussions need to come to the table at one time because of the Sunshine Law? Margaret Ahn offered that the DOT staff can email the members but OTF members should not email each other regarding substantive issues. Communication may be held between two members at a time; however, more than two members communicating on an issue could be interpreted as a meeting. Member Formby offered that OTF members may send email with comments to staff (Debbie Kuwaye @, which will then be consolidated and presented at the next meeting.

Member Chun asked who can call a meeting. Margaret Ahn explained that for any meeting, we still need to post an agenda and have a quorum.

Member Formby discussed the possibility of establishing committees or subgroups that do investigations or studies between meetings. Margaret Ahn said that the board can vote to create an investigative committee and name people to the committee and task them with specific tasks. The investigative committee is allowed to meet outside of the sunshine law. After presentation of their recommendations or findings to the OTF, the OTF can vote on the investigative committee’s recommendations. However, the report and vote must be an agenda item for the full OTF. The OTF can also create Standing Committees; however, those committees need to be under the Sunshine law.

Member Matsukawa expressed a concern with how residents of the Neighbor Islands will be able to participate. Suggestions were made to consider posting the OTF agenda at the State and County offices on all islands. Member Formby offered to have the OTF agenda mailed to the County and State offices on each island for posting prior to the OTF meetings.

A request was made to send the Scope of Work for Belt Collins to the OTF members, preferably before the next scheduled meeting. Member Formby agreed to see if the Scope of Work if available and, if so, to provide via email to OTF members before the next meeting.

Member Machado suggests the following agenda items for the next meeting:

1. Format of the monthly reports
2. Rapid Risk Assessment – prerequisites for subcontractors.
3. Organization - Selecting a Chair/Vice Chair or Facilitator

Community Input:

Kyle Kajihiro asked about why this meeting is convening after the commencement of Hawaii Superferry’s service. Member Formby explained that meetings were scheduled twice before and this was the first meeting that we were able to meet quorum. Mr. Kajihiro then asked “How much money is spent on providing security for Unified Command?”

Terri Kekoalani expressed concern about having community groups provide input to the OTF. She wants to make sure it will be easy for members of the community to participate.

Manual Kuloloiu requested a copy of the list of task force members. He asked several government agencies, but received no notice. He expressed concern about an incident which involved his father and the security zone.

John Garibaldi provided directions to Pier 19, the location in which the OTF meeting will reconvene.

The next OTF meeting was set for Thursday, January 10, 2008 at the Airport Conference Center.

1:35 p.m.: The OTF meeting recessed with members and the interested public regrouping at Pier 19. 12 members present, 1 absent.

1:55 p.m.: The Meeting reconvened at Pier 19 with the OTF members observing the arrival of the Alakai from Kahului. They also observed the unloading of passengers and vehicles.

After watching the arrival of the Superferry, the OTF meeting continued inside the Pier 19 passenger terminal with introduction of HSF Personnel by John Garibaldi.

Terry O’Hallaran, HSF, presented information on HSF’s compliance with Act 2 and Executive Order 07-10. (HSF provided a hard copy of the presentation, attached hereto.) O’Hallaran noted that the Superferry turned away 3 muddy vehicles on December 13, 2007. HSF handed out HSF Commitments and Actions to Address Environmental Concerns to OTF members.

Questions for HSF:
Who in DLNR is HSF to contact with? DOCARE
What else do Captains look for when they enter ports? Any sea life, other boats, people. Safety of the vessel, people and sea life in the water are all concerns.

2:49 p.m. Member Chun departed. Quorum retained with 11 members present and 2 absent. The remaining OTF members and public boarded the ferry for a tour, including vehicle deck (with a 400 ton max load capacity), the lounges and bridge. The group received briefing from HSF personnel in each location and answered questions from OTF members and the public.

Following a tour of the vessel, OTF members and the public disembarked the vessel and proceeded to the terminal facility for a demonstration of the vehicle inspection process. Questions were asked by OTF members and the public, including voluntary compliance by the public with surrendering banned items or no right to travel, the inspection of coolers (visual with questions) versus searching (with hands into the ice), firearms and ammunition.

OTF members were reminded that the next OTF meeting is scheduled for Thursday, January 10, 2008, 1:00 p.m., at the Airports Conference Center, 7th Floor Interisland Terminal.


There being no further business, a motion to adjourn was made, seconded and passed, with the meeting concluding at 4:05 p.m.