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<br /> Page 1 of 3 <br /> <br /> <br /> <br /> Leslie, Earlanne <br /> <br /> From: Charles Flaherty [oneheart@aloha.net] <br /> Sent: Monday, October 16, 2006 11:52 PM <br /> To: counciltestimony@co.hawaii.hi.us <br /> <br /> Cc: 'Pilago, K. Angel'; phoffman@co.hawaii.hi.us; 'Bob and.Julie Jacobson'; 'Virginia Isbell'; 'Gary <br /> Safarik'; shiga@co.hawaii.hi.us;'James Arakaki';'Donald Ikeda; Tred holschuh' <br /> Subject: Testimony in favor of Communication 1026 (Res. 432.06) (corrected) <br /> October 16, 2006 <br /> <br /> Aloha mai Mr. Chair and members of the Human Services and Economic <br /> Development [Environmental] Committee, <br /> <br /> I am testifying in favor of Communication 1026/Resolution 432.06, a <br /> resolution opposing the commencement of service of the Hawai'i <br /> Superferry at Kawaihae Harbor until economic, social, and <br /> environmental concerns are addressed. <br /> <br /> This is a matter of law and of common sense. <br /> <br /> Law <br /> HRS §343-5 Applicability and requirements. (a) Except as otherwise <br /> provided, an environmental assessment shall be required for actions <br /> that: (3) Propose any use within a shoreline area as defined in <br /> section 205A-41. <br /> <br /> HRS §205A-41 Definitions. As used in this part, unless the context <br /> otherwise requires: "Shoreline area" shall include all of the land <br /> area between the shoreline and the shoreline setback line and may <br /> include the area between mean sea level and the shoreline; provided <br /> that if the highest annual wash of the waves is fixed or <br /> significantly affected by a structure that has not received all <br /> permits and approvals required by law or if any part of any structure <br /> in violation of this part extends seaward of the shoreline, then the <br /> term "shoreline area" shall include the entire structure. <br /> <br /> State law requires an environmental assessment because the ferry is a <br /> shoreline area use. <br /> <br /> Moreso, it is a unique, new use of the shoreline area. Currently, no <br /> transportation use at Kawaihae Harbor has the turn-around time and <br /> speed of the proposed ferry use. There is no transportation use at <br /> Kawaihae Harbor that allows passenger vehicle service between the <br /> Hawaiian islands. <br /> Common Sense <br /> Kawaihae Harbor is the only commercial harbor on the west side of the <br /> <br /> ) ~~(~•~0 <br /> Comm. VI) <br /> r <br /> Ref. To. 1 7 <br /> 10/17/2006 Ref. Dote <br />