Biologist says risk of Superferry colliding with whale is 'very high'

The Honolulu Star-Bulletin
Tuesday, September 11, 2007
By Gary T. Kubota

WAILUKU »  A marine biologist said there was a "very high likelihood" of humpback whales being struck and hurt by a vessel traveling higher than 16 mph -- well below the top speed of about 45 mph for the Hawaii Superferry.

Hannah Bernard testified yesterday in Maui Circuit Court that studies of ferries show higher speeds increase the difficulty of seeing humpback whales and avoiding them.

Bernard was the first witness yesterday on behalf of citizen and environmental groups seeking to require Superferry officials to complete an environmental assessment before operating the catamaran-style vessel.

Maui Circuit Judge Joseph Cardoza denied a motion by the groups' attorney, Isaac Hall, yesterday to rule that, as a matter of law, the operation of the Superferry should be halted pending completion of its environmental assessment.

Cardoza ruled a couple of weeks ago that the Superferry required an environmental assessment, but has not decided whether to allow the interisland service to continue operation while conducting the study. Cardoza decided yesterday to extend a temporary restraining order to halt the Superferry operation through 2 p.m. today.

The Hawaii Superferry started service Aug. 26 between Oahu and Kahului Harbor but was forced to halt operations two days later after Cardoza issued the temporary restraining order.

The court hearing continues at 10 a.m. today, with Hall continuing to call witnesses on behalf of Maui Tomorrow, the Sierra Club of Hawaii and the Kahului Harbor Coalition. The hearing could take days if not weeks.

Hall alone has presented a list of 28 potential witnesses, according to a Superferry attorney, and officials with the state Department of Transportation and the Superferry are expected to also call witnesses on their behalf.

Superferry attorney Lisa Munger indicated she did not want the court hearing to become a "filibuster" to continue the temporary restraining order halting the operations.

Much of yesterday was spent with Bernard on the witness stand and attorneys arguing about her qualifications. Cardoza eventually accepted her as an expert witness.

Bernard, who sits as an adviser on a Pacific scientific review group with the National Marine Fisheries Service, said studies have shown increasing the speed of the vessel results in serious injury and mortality to marine mammals.

Bernard said in Glacier Bay, Alaska, where there are humpbacks, the speed of vessels is limited to nearly 15 mph and is lowered to 11.5 mph in waters known to have more whales.

She said Superferry officials' plan to reduce speeds to 27.6 mph during humpback season was inadequate. By comparison, interisland barges travel at 13 to 20 mph, according to the Pacific Whale Foundation.

Bernard also said the Superferry plan did not sufficiently address the other marine mammals, including pilot whales and dolphins, present throughout the year in Hawaii.