garyhooser ([info]garyhooser) wrote,

Superferry Diary's #2 - email coming in on the subject

Another interesting note from constituent on Kauai:

Sent: Tuesday, October 23, 2007 9:17 AM
Subject: RE: pls. support the Superferry

Hello,

I was told , that Sen. Gary Hooser signed the waiver of EIS on 2005 on some
legislation session paper for Superferry. How now he's changed. Is this position,
is this true?

Resident of Kauai,
Aloha,

My response as follows:

Thanks for your note to my office manager who just passed it to me. I am rushing to go to the Big Island for today's hearings, but will try to jot down a few thoughts on this important subject.

The situation you are referring to is probably a reference to a 2004 Senate Resolution that supported the Superferry's operations and which was passed unanimously in the Senate. I did sign and vote in support of that Resolution and at the time thought the Hawaii Superferry was a good idea. It is important to note that the Resolution did not request or grant any exemptions to Hawaii's environmental review law.

Myself and all of my colleagues in the Senate initially supported the concept of the Hawaii Superferry (via this Resolution) when it was first presented to us in 2004. However, when we learned in 2005 that they were requesting $40 million in State funded harbor improvements and that they were also requesting an exemption to the law requiring an environmental review- many in the Senate began having serious reservations about the company, the project and the process. The environmental review law is pretty straightforward and it is very common for projects using state land or state resources to have to go through at least a preliminary environmental review (Environmental Assessment or EA). In 2005 I voted in support of a Senate Bill that would have required an Environmental Impact Statement. In 2006 and 2007 I continued working with some of my Senate colleagues in trying to get the company and the DOT to be more accountable and to conduct the environmental review that the Hawaii Supreme Court and the Maui court ultimately said was required by law.

So the short answer is that yes, I did support the Superferry when it was first proposed but I have never supported exempting them from the environmental review process. Since 2004, I have found that many of the things told to me initially by the Hawaii Superferry proponents have turned out not to be true. The more I have learned about this company and the manner in which this entire matter has been handled by the DOT during this past almost 4 years, the more concerned I am about the entire process that preceded the granting of the exemption.

I would be happy to speak with you in greater detail about this matter at some point. I did get your telephone message and hope this email addresses some of the questions you have. It is unfortunate that our state has found itself in this situation. Though I am open and sincerely wish all parties could come to a positive resolution - I am not optimistic at this point that a solution that is "fair" and honor's the spirit and intent of the law will be found.

Sincerely, gh



Senator Gary L. Hooser
Senate Majority Leader
Hawai'i State Senate
Seventh Senatorial District - Islands of Kaua'i & Ni'ihau
Office: (808) 586-6030 Toll Free: 274-3141, ext. 66030
Fax: (808) 586-6031 Email: senhooser@capitol.hawaii.gov

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Tags: hawaii, hooser, senate, superferry

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  • 8 comments

Anonymous

October 23 2007, 22:14:46 UTC 4 years ago

Lingle Should Chose: HSF or Thielen, But Not Both

Senator,

What does Laura Thielen think about all of this? What about her position on the operating conditions? Surely she has been involved in the development of the Executive Order's Operating Conditions? More Lingle Administration worthless window dressing?

WHAT SAY YOU MS. THIELEN?
She needs to be on the record now, not later during the confirmation process where she can plead ignorance. Her department WILL be responsible for the protection of no less than: CULTURAL ARTIFACTS, OVERFISHING OF MARINE RESOURCES, AQUATIC INVASIVE SPECIES INTERDICTION, WHALES, THE ENDANGERED MONK SEALS, EXPLOSIVE SECURITY.

This is no time for "best efforts" and other hollow clauses.
Where is she on enforcement?

How will she protect our culture, fish, lobsters and ophi? If we base it by her efforts with historic preservation, then she is a sham just like this HSF bill.

I am confused as to how the senate can confirm a DLNR Chairperson who allows the conservation disctict use permits for the HSF faiclities. She is not protecting our resources already.

Lingle Should Chose: HSF or Thielen, But Not Both.
If we gonna get saddled with this HSF dog, then the Senate better save us from Thielen.

Is Lingle really this much smarter than Senate Leadership? I hope you guys have one up your sleeves for her. I will hold out hope, but please don't disapoint.

Keep fighting the good fight, Senator.

Anonymous

October 24 2007, 21:42:11 UTC 4 years ago

Re: Lingle Should Chose: HSF or Thielen, But Not Both

At the hearings on Maui the other day, Randy Awo, one of the DLNR managers on Maui testified as an individual (not representing DNLR). He is worried about DLNR's being able to enforce regulations on Maui because they don't have the personnel available right now to do their job which is mainly to preserve and protect the natural resources of the island. What will happen when HSF starts up again? Whatever happened to the 3 guys who were caught with the river rocks at the Kahului dock? There has been no followup on who those people are or what their motives were for transporting 900 rocks. The Dept. of Ag also doesn't have enough agents on Maui to support HSF.

I'm watching the Honolulu hearings right now on 'Olelo. It appears that you Senators are doing a very good job of questioning the actions of all the State agencies who are involved in this fiasco.

If HSF is allowed to operate, please please please tack on some conditions (like slowing the boat down when in the National Marine Sanctuary during the next 6 months) and more stringent inspection of ALL motorized vehicles before boarding.

The Senate appears to be the body who has a better sense of the will of the people than the House does.

Onipa'a!

Anonymous

October 31 2007, 03:28:32 UTC 4 years ago

Re: Lingle Should Chose: HSF or Thielen, But Not Both

Senator Hooser:
Thank you for asking critical questions of Ms. Thielen during her confirmation hearing before the Water and Land Committee. While I am disappointed that your colleagues on the WLP committee voted 4-0 to move Ms. Thielen's name to the Senate floor, I admire your standing by your convictions. You sir, bring back dignity and honor to an august body as the Senate of Hawaii.
Me ka mahalo nui,
JMJ

Anonymous

October 31 2007, 03:31:20 UTC 4 years ago

Re: Lingle Should Chose: HSF or Thielen, But Not Both

Senator Hooser:
Thank you for asking critical questions of Ms. Thielen during her confirmation hearing before the Water and Land Committee. Ms. Thielen will be charged with protecting the natural, historical and cultural resources of the State and the Senate needs to critically discern her committment to such a job. While I am disappointed that your colleagues on the WLP committee voted 4-0 to move Ms. Thielen's name to the Senate floor, I admire your standing by your convictions. You sir, bring back dignity and honor to an august body as the Senate of Hawaii.
Me ka mahalo nui,
JMJ

[info]speechpete55

October 25 2007, 08:54:34 UTC 4 years ago

Superferry

Dear Senator,

Thank you for a thoughtful response (10/19/2007) to an admittedly bitter posting of mine (10/11/2007) regarding Superferry (SF). Kind words turneth away a lot. You graciously asked for further thoughts and I will oblige.
As I see it, the "29 demands" are quite revealing. For instance, #21 calls for SF to post an $853 million bond to be forfeit if operating conditions are not met. #26 says Maui Sierra Club et al are the ones who will judge whether SF forfeits those millions in addition to shutting down. This is either the work of extremists or people who aren't even trying for a solution. I don't believe that all those "calling for the 29" have actually read them.
Many professionals and other persons with critical thinking skills, including yourself Senator, have joined those who are proud to be called radicals in protesting SF and government arrogance, and/or overdevelopment and the rate of change in general. You're protests have been heard and acknowledged by many and by the media; statewide and worldwide. A couple months ago, the principle rally cry, an EIS, was not going to be done. Now it will be done. This further acknowledges your efforts and those with whom you have rallied. You, more than most, know full well the importance of compromise in solving controversy. I call on you, and those other critical thinkers, to step away now from the extremists and embrace this compromise. You get your EIS; we get our Ferry. One bonus is that the EIS will be more factual if the SF is active. Facts are crucial. What we've had instead is bad science, awful research, and way too many vivid imaginations. The idea that this ferry boat will now irrepreably destroy our Island of Kauai is an extreme one. Senator, and my other worthy opponents, walk with me towards the light shining on the middle ground.
Regards, Pete Antonson

Anonymous

October 25 2007, 16:10:49 UTC 4 years ago

Re: Superferry


After watching the Lingle Department heads either invoke atorney client privilige (Fukanaga DOT), or be "unable to recall" and be generally unprepared crucial baseline data about the HSF (Liu DBETD), or snub the Senate as a total no-show when your department has primary cultural, aquatic and marine mammal protection responsibility (Thhielen DLNR).

In light of this, whether it was an oversight or overly-cautious, I don't see how the Senate can confirm Thielen.

I get the strangest feeling the Lingle Admin is hiding something. I think the waiver of attorney client privilige in this case is crucial. What will the Gov do, veto the amended bill?

Her decision.

What did the Governor know and when did she know it?

Anonymous

October 25 2007, 20:00:28 UTC 4 years ago

Re: Superferry


Thielen Snubs House and Senate
Day two of Superferry hearings and no DLNR testimony.
What is Thielen covering up?

DLNR has the largest area of responsibility in the Superferry issue:
DOCAR, Invasive Aquatic Species, Cultural artifact and site protection, aquatic fish resource protection, limu, opihi, lobster, etc.

She needs to go!

Anonymous

October 27 2007, 19:21:06 UTC 4 years ago

EIS soup - affordable housing to be added to exemption classes

Affordable Housing thrown in the EIS soup

Between the Legislature and the Lingle administration, EIS soup is slowly cooking. The latest addition to the soup are the turnips (as in "I didn’t just fall off the turnip truck") of affordable housing – a political that has universal appeal to both Democrats and Republicans here. The Environmental Council, at the behest of the Lingle administration is proposing to amend Section 11-200-8(a) of the EIS rules to add an eleventh class of exempt action. Notice of the proposed rulemaking appeared in the various newspapers statewide today. Public comments are being accepted through the day of the public hearing, November 26, 2007, from 12:00 noon to 2:00 P.M. For more information, please go to http://oeqc.doh.hawaii.gov/default.aspx and click on the folder entitled “HHFDC Petition for Rulemaking 2007.” The Adobe Acrobat PDF files contained therein are available for downloading and reading.

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