HomeMy WebLinkAboutCOM 1026.017 2004-2006
PHONE (808) 594-1888 PAX (808) 594-1865
r2
STATE OF HAWAI'l
OFFICE OF HAWAIIAN AFFAIRS
711 KAPI'OLANI BOULEVARD, SUITE 500
HONOLULU, HAWAII 96813
October 17, 2006
To: Hawaii County Council Committee on Human Services & Economic Development
Re: Comm 1026 (Res. 432-06) A RESOLUTION OPPOSING THE
COMMENCEMENT OF SERVICE OF THE HAWAI'I SUPERFERRY AT
KA.WAIHAE HARBOR UNTIL ECONOMIC, SOCIAL AND ENVIRONMENTAL
CONCERNS ARE ADDRESSED
Aloha, My name is Ruby McDonald, Office of Hawaiian Affairs - West Hawaii.
OHA staff would be supportive of an environmental assessment, either port by port, or
statewide. The issues that are put forward by the County Council's Committee on Human
Resources and Economic Development are all valid concerns. The particular concern
about Kawaihae's infrastructure are especially valid given its current status after the
earthquake.
In March 2005, Isaac Hall (on behalf of the Sierra Club, Maui Tomorrow and the Kahului
Harbor Commission) filed suit against the State Department of Transportation in Maui
Circuit Court to compel an EIS. The case was thrown out in July 2005, in part because
the court found that the DOT was exempt from the environmental assessment
requirements because all of their harbor work was going to be ancillary to existing
structures. The case has been appealed to the Hawaii Supreme Court. Hail also filed suit
in federal court, and that case was thrown out, but may be appealed.
The Office of Hawaiian Affairs has not taken an official stance on requests for an EIS
because of the existing court decisions stating that such assessments are not legally
required. We remain hopeful, however, that the State Supreme Court will see otherwise.
Mahalo
Comm. No. 10.461 1
Ref. 7o:4te~----
Ref. Date OCT 1