The Hawaii Superferry is a Hawai ʻ i-based transportation company providing high-speed ferry service between Honolulu Harbor on the island of O ʻ ahu and Kahului Harbor on Maui. The companies long-term plans include expansion to serve Nawiliwili Harbor on Kaua ʻ i and Kawaihe Harbor on the Big Island. The company began service on August 26 , 2007 , but has endured interrupted service amid protests and legal challenges over the necessity of an environmental assessment. On November 6 , 2007 the state legislature passed a measure that was signed by the governor that allows the ferry to operate conditionally while an environmental assessment is conducted.

Vessels

The vessels used by Hawaii Superferry are designed and built by Austal USA, a division of Australia-based shipbuilder Austal. The company plans to utilize two 349-foot double-hulled ships powered by MTU Friedrichshafen engines using waterjet propulsion (which the company claims will minimize impact to marine mammals) and capable of transporting up to 866 passengers and 282 subcompact cars. The ships feature floor-to-ceiling windows offering panoramic views, sofas and family seating, and flat-screen TVs and video games.

The first ship, the Alakai , docked in Honolulu Harbor on June 30 , 2007 . The second ship is scheduled for completion in 2009.

History

The concept of the Superferry was first announced publicly by partners Timothy Dick, John Garibaldi, and Robert E. "Terry" White in September 2003. Private ferries between the islands had been attempted twice since statehood, once in 1966 between Oahu and the Big Island, and between the major islands in the mid-1970s. As originally envisioned, Superferry would run between the then-newly built interisland ferry terminal at Pier 19 in Honolulu Harbor to Kahului on Maui and Nawiliwili on Kauai, with later expansion of service to Kawaihae near Kona on the Big Island. They envisioned fares for a family of five to be roughly comparable to equivalent airfare, car rental, parking, and fuel charges.

In January 2004, the company came to agreement with Austal to purchase two high-speed catamarans. Construction on the first ship began in June 2004. Meanwhile, the company sought equity financing, getting stock purchases from Maui Land & Pineapple Company and Grove Farm on Kauai.

Inaugural voyage and suspension of service

The Hawaii Supreme Court ruled on August 23 , 2007 that the state Department of Transportation had erred in not requiring an environmental assessment for harbor improvements at Kahului Harbor, reversing an earlier ruling in 2005 by Maui Circuit Court Judge Joseph Cardoza. In response, the Superferry announced that it would accelerate its launch to August 26 , 2007 , two days earlier than their originally scheduled launch date. The first voyage to Kahului was sold out for passengers and cars, thanks to promotional fares at $5 per person and vehicle. The voyage to Maui was relatively uneventful; environmentalists were at the harbor observing operations but there were no significant protests. However, when the Superferry sailed to Kauai later that afternoon, the Superferry met with about one dozen surfers blocking the entrance to the harbor. It took the U.S. Coast Guard 90 minutes to clear the path so the Superferry could dock. After docking the Ferry had to round up all passengers to return to Oahu when protestors confronted passengers and verbally threatened them. They also vandalized their cars. One man tried letting the air out of car tires.,

On August 27 , 2007 , Justice Cardoza issued a temporary restraining order barring the Superferry from using Kahului Harbor pending the outcome of the case, and assist any stranded passengers and vehicles in returning to Oahu. Meanwhile, the Alakai was forced to turn back from a scheduled landing in Nawiliwili harbor on Kaua'i after citizens blockaded the harbor for the second day in a row. Superferry riders were forced to remain onboard for 9 hours during the journey.

On Tuesday 28 August 2007 the company suspended all services to Kauai indefinitely due to protesters who blocked the entrance to the harbor. The protester's concern is that a ferry of this size will, traveling at speeds of about 30 mph, strike and kill whales during its voyages. Unlike large cruise liners that push whales and other marine animals away with minimal harm, the ferry is capable of directly striking whales and other large mammals and ultimately killing them. A few weeks later a Kauai Judge said the ferry will be allowed to return to the island.

In a meeting with State Senate President Colleen Hanabusa on September 14 , 2007 , the company that they may have to find another home for the ferry in order to pay operating expenses, repay debt, and provide return on the investments made. Describing their meeting, Hanabusa commented that they would have staying power for "a month—outside, a month and a half." Superferry officials, while declining to elaborate, did not dispute this.

On Wednesday September 19 , 2007 Lanny Sinkin, a Hilo attorney, sued President George W. Bush, the Department of Homeland Security and the US Coast Guard because of their new security zone which keeps protesters out of Nawiliwili Harbor. Sinkin said he is hoping that this will be enough to stop the Superferry.

On October 9 , 2007 Maui Judge Joseph Cardoza said the ferry will not be able to resume service while the state conducts an Environmental Assessment. Two days later Superferry president and CEO John Garibaldi announced “with a heavy heart” that the company would immediately lay off 249 employees (36 on Maui, 35 on Kauai and 178 on Oahu) in the face of estimated losses of $650,000 per week. 59 workers remained on the job to handle administrative and operational duties. . Many in the maritime community are disappointed with the loss of opportunity for U.S. mariners .

Special legislative session

Shortly after Cardoza's ruling, Governor Linda Lingle met with the leaders of the state Legislature about the possibility of a special session to change the law so the ferry will be able to operate while the state does an Environmental Assessment. This is similar to the actions taken during the Interstate H-3 controversy. In preparation, members of the Legislature made trips to Kauai, Maui, and The Big Island to see what they think about the Special Session. Unlike a previous meeting on Kauai, the crowd was more calm and respectful. On Maui there was a big difference, all people that supported the Superferry got booed and yelled at. After the meeting on The Big Island, Lingle called the Legislature into special session on October 24 , 2007 .

On Monday October 29 , 2007 the State Senate approved a bill to allow "large capacity ferry vessels" (defined as ferries designed to carry at least 500 passengers, 200 vehicles, and their cargo) to operate between ports in the Hawaiian Islands while an environmental statement is prepared, subject to conditions imposed by the legislature in the bill and the governor by subsequent executive order.

Only five senators voted against the bill, while 20 voted yes. The five that voted against the bill were all from neighbor islands. The House gave final approval to the bill on October 31 by a vote of 39-11.

On signing the bill into law on November 6 , Lingle released a list of operating conditions that would be placed on the Superferry when it resumes operation, pursuant to the law's provisions.

Letter by Sinkin

On Thursday, November 8 , 2007 , Lanny Sinkin wrote a letter (in collaboration with activist Jim Albertini), stating that Kauai protesters should be "ready to die", anticipate law enforcement to "act without restraint", and be prepared for any consequences. The letter was discovered on the website The Surfer's Path , a magazine focusing on environmental concerns, with a circulation of 40,000 in the United States and United Kingdom.

In reaction to the letter, State Attorney General Mark Bennett said, "I read this as improperly encouraging people to break the law, and I sincerely hope that no one will in fact break the law." It also received attention from the FBI as well as the Coast Guard.

Restarting Service

On Wednesday November 14 , 2007 , Maui Court Judge Joseph Cardoza lifted his injunction banning the ferry from sailing to Kahului Harbor in light of the recently passed law. Cardoza said that the state did not violate any rules when lawmakers passed a bill allowing it t

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