09/21/07 (HI):
Superferry Assessment Hears Evidence On Cetacean Impact
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The ongoing Hawaii Superferry evidentiary hearing recessed Thursday afternoon as Pacific Whale Foundation co-founder and President Gregory Kaufman was beginning to testify about humpback whales in Hawaiian waters.
Humpback whales migrate to warm Hawaiian waters during the winter to breed and calve after feeding near Alaska in the summer. The fast-moving ferry's potential for striking whales has been one of the primary concerns of those opposing the Superferry's interisland service and one of the issues expected to be studied in an environmental assessment.
But most of Kaufman's time on the witness stand Thursday was spent answering lawyers' questions about his credentials. With the little time he had to testify about whales, he was only able to provide some background information on whales and confirm that the endangered mammals' breeding grounds would be impacted by the route the Superferry's vessels would be traveling between islands.
Today marks the 10th day of an ongoing evidentiary hearing presided over by 2nd Circuit Judge Joseph Cardoza. The judge has been charged with determining whether the Superferry should be allowed to operate while an environmental assessment is prepared.
The evidentiary hearing comes in the wake of the Hawaii Supreme Court's Aug. 23 ruling that the state Department of Transportation erred when it bypassed an environmental study on ferry-related improvements made at Kahului Harbor. Three groups - the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition - fought for an environmental review, expressing a variety of concerns including harm to the endangered humpback whales, the introduction of invasive species and increased traffic congestion.
At the plaintiffs' request, Cardoza issued a temporary restraining order that halted the ferry after only two days of interisland service.
The evidentiary hearing is scheduled to resume at 9 a.m. today.
The plaintiffs, represented by attorney Isaac Hall, had nearly completed their lineup of witnesses, with the exception of Kaufman, who had been traveling in New Zealand and Australia and did not return to Hawaii until late Wednesday.
Attorneys representing Hawaii Superferry, led by Honolulu attorney Lisa Munger, have been calling their own witnesses. But they asked that Kaufman testify before their own whale experts.
Lawyers spent approximately 90 minutes Thursday afternoon grilling Kaufman about his credentials and the work he's done on whales. In the end, Cardoza ruled that Kaufman was qualified to testify as an expert in whale and dolphin distribution and reproduction dynamics, marine mammal regulations and vessel-whale interactions and impacts.
In his half-hour of testimony, Kaufman said the humpback whales' population in the North Pacific has been growing by about 7 percent per year but has yet to reach between 15,000 and 18,000 - the number required before the species could be taken off the endangered list.
Hawaii serves as the primary breeding ground for humpback whales in the North Pacific, according to Kaufman, with the highest concentration gathering off the northwest coast of Molokai. The humpback whales' second-highest concentrated breeding area is in waters off Maui, and the mammals also frequent the north and west coasts of Oahu.
In other testimony, Hawaii Superferry's director of customer experience, Madeline Mililani "Lani" Olds, confirmed the company's promise to conduct a risk assessment six to 12 months after launch of service.
The risk assessment, according to Olds, would fulfill a pledge to a working group of invasive species professionals who asked for reviews on how cars and plants would be screened for possible invasive species.
In addition, Olds said, the Superferry is still making arrangements with carwash companies and gas stations to provide discounts or vouchers for travelers on the ferry to get their cars washed before embarking on a ferry ride.
Another Superferry witness, Myles Kawakami of Kula, testified about how he would have liked to have used the ferry service when moving his 17-year-old son from Maui to Oahu, where he was enrolling at the University of Hawaii at Manoa.
Kawakami estimated that his family spent approximately $700 to $800 in airfare and a Young Brothers transport to get his son's things moved.
He said he would have preferred to have used the ferry, possibly to save money and use his own truck to carry all the items his son needed for college.
© X-Pro 2007
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