Four influential Neighbor Island state senators, who believe Hawai'i Superferry has not convincingly explained its possible effect on the Islands, will try to require an environmental impact statement before the scheduled launch of ferry service between O'ahu, Maui and Kaua'i in July.

The senators want a more thorough review of the Superferry even if it means delaying the launch. Other attempts to force an environmental impact statement have failed, and some who favor the Superferry believe the senators are playing to vocal activists who oppose the project on the Neighbor Islands.

But, regardless of whether the senators are successful, the potential for critical hearings at the Legislature could muddy the Superferry's publicity campaign leading up to its planned debut. "I think we are going to use every tool available to us," said state Sen. J. Kalani English, D-6th (E. Maui, Moloka'i, Lana'i), the chairman of the Senate Transportation and International Affairs Committee.

County councils on Maui, Kaua'i and the Big Island have passed non-binding resolutions also calling for a more complete study, and Maui County has joined a lawsuit with environmentalists over whether state improvements to Kahului Harbor are adequate to handle increased traffic from the Superferry.

The state and federal governments have ruled that Superferry developers do not need an environmental impact statement for the project, and state and federal courts have rejected lawsuits by environmentalists that tried to force a review.

But state Circuit Court Judge Joel August on Maui has allowed the lawsuit by Maui County and two environmental groups against the state Department of Transportation to proceed. The suit says the state's 2025 master plan for Kahului Harbor is inadequate given the entry of the Superferry. The judge initially ruled that the environmental groups did not have standing to sue, then reconsidered — and let the county join the suit — after reading a Maui News article about how the state planned to fit the Superferry into the harbor plan.

August has urged the county, the environmentalists and the state to negotiate since the ferry launch is only months away. The state does intend to include the Superferry in its 2030 master plan for Kahului Harbor.

The Neighbor Island senators said they want an environmental impact statement for the entire project because of what they consider unanswered questions about the Superferry's impact on the environment and culture. Environmentalists have warned about the risk of the ferry spreading invasive species between the Islands, endangering humpback whales, and causing traffic congestion at unprepared harbors.

"I think the project warrants it," said state Sen. Russell Kokubun, D-2nd (S. Hilo, Puna, Ka'u), the chairman of the Senate Water, Land, Agriculture and Hawaiian Affairs Committee.

RESEARCH EFFORTS

Terry O'Halloran, director of business development for Hawai'i Superferry, said the developers have conducted research and community outreach that in some instances goes beyond what would be required in an environmental impact statement.

Superferry developers have established a whale avoidance policy and are working with the state Department of Agriculture and the Hawai'i Invasive Species Council to deter invasive species. The developers also altered some planned routes to avoid arriving at harbors during busy times.

The Superferry also created advisory boards on the Neighbor Islands to help identify local concerns.

"Even though an EIS wasn't required, either on the state or federal level, Hawai'i Superferry has done a tremendous amount of work with communities and experts in addressing many of these issues that would be in an EIS," O'Halloran said. "And in many cases our procedures and policies are more strict than required and many are setting new standards for transportation companies."

O'Halloran and the other developers have promoted the Superferry as a low-cost transit alternative for families, community groups and businesses to move vehicles and goods between the islands. The first new catamaran-style ferry is scheduled to enter the water from its Mobile, Ala., shipyard soon and will undergo sea trials before reaching Hawai'i by spring. Service from Honolulu Harbor to Kahului Harbor on Maui and Nawiliwili Harbor on Kaua'i is expected to begin in July. A second ferry is planned for routes to Kawaihae Harbor on the Big Island in 2009.

Two barges and ramps that the Superferry plans to use in its operations have arrived and can be seen near Pier 19 at Honolulu Harbor. The state has committed $40 million for harbor improvements to accommodate ferry service.

'JUST VERY UNUSUAL'

Barry Fukunaga, the interim director of the state Department of Transportation, said he recognizes that senators have to respond to their constituents but said Superferry developers have done extensive research and planning. He said other shipping firms have expanded services at harbors — and Mesa Airlines' go! has entered the airline market — without having to do environmental impact statements.

"I think selectively applying it to any one particular company is just very unusual, put it that way," Fukunaga said.

State Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimanalo, Hawai'i Kai), said senators should support the project. "We support the Superferry because we see it as the most environmentally friendly form of interisland travel available," he said.

But the Neighbor Island senators said the information the Superferry has provided to the Legislature and to communities is not detailed enough to address the potential impact.

State Sen. Shan Tsutsui, D-4th (Kahului), the vice chairman of the Senate Ways and Means Committee, and other senators had threatened last session to withhold $10 million in state harbor money from the Superferry unless the developers were more forthcoming in sharing information.

"It seems like, although they're coming to do presentations, they're still not interacting with the communities to try to address specific concerns," Tsu-tsui said.

State House lawmakers said they would likely wait for the Senate to act before considering any legislation. State Rep. Joe Souki, D-8th (Wailuku, Waiehu), the chairman of the House Transportation Committee, said he wants to see how the lawsuit on Maui unfolds. He also questioned whether it is fair to require an environmental impact statement for the Superferry when other transportation projects have gone forward without one.

"I've always felt that if you want an EIS, you have to be consistent. You have to do it for everyone," he said.

State Senate Majority Leader Gary Hooser, D-7th (Kaua'i, Ni'ihau), said Neighbor Island political leaders and activists are committed to getting a more complete study. "This is good government. This is what the governor should have done, was to require this," he said. "We shouldn't be here today."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.