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<br /> <br /> <br /> PHONE (808) 594-1888 PAX (808) 594-1865 <br /> r2 <br /> <br /> <br /> <br /> STATE OF HAWAI'l <br /> OFFICE OF HAWAIIAN AFFAIRS <br /> 711 KAPI'OLANI BOULEVARD, SUITE 500 <br /> HONOLULU, HAWAII 96813 <br /> <br /> <br /> <br /> October 17, 2006 <br /> <br /> To: Hawaii County Council Committee on Human Services & Economic Development <br /> <br /> Re: Comm 1026 (Res. 432-06) A RESOLUTION OPPOSING THE <br /> COMMENCEMENT OF SERVICE OF THE HAWAI'I SUPERFERRY AT <br /> KA.WAIHAE HARBOR UNTIL ECONOMIC, SOCIAL AND ENVIRONMENTAL <br /> CONCERNS ARE ADDRESSED <br /> <br /> <br /> Aloha, My name is Ruby McDonald, Office of Hawaiian Affairs - West Hawaii. <br /> <br /> OHA staff would be supportive of an environmental assessment, either port by port, or <br /> statewide. The issues that are put forward by the County Council's Committee on Human <br /> Resources and Economic Development are all valid concerns. The particular concern <br /> about Kawaihae's infrastructure are especially valid given its current status after the <br /> earthquake. <br /> <br /> In March 2005, Isaac Hall (on behalf of the Sierra Club, Maui Tomorrow and the Kahului <br /> Harbor Commission) filed suit against the State Department of Transportation in Maui <br /> Circuit Court to compel an EIS. The case was thrown out in July 2005, in part because <br /> the court found that the DOT was exempt from the environmental assessment <br /> requirements because all of their harbor work was going to be ancillary to existing <br /> structures. The case has been appealed to the Hawaii Supreme Court. Hail also filed suit <br /> in federal court, and that case was thrown out, but may be appealed. <br /> <br /> The Office of Hawaiian Affairs has not taken an official stance on requests for an EIS <br /> because of the existing court decisions stating that such assessments are not legally <br /> required. We remain hopeful, however, that the State Supreme Court will see otherwise. <br /> <br /> Mahalo <br /> <br /> <br /> <br /> <br /> Comm. No. 10.461 1 <br /> Ref. 7o:4te~---- <br /> Ref. Date OCT 1 <br />