Hawaii Superferry Maui Briefing - March 6, 2007

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    Hawaii Superferry Informational BriefingMaui

    March 6, 2007

    1) How will HSF accurately and effectively detect whales, whethertraveling at 25 or 35+ knots or any speed without forward-looking collisionavoidance sonar?

    Hawaii Superferry has developed a comprehensive whale avoidance

    policy in collaboration with whale researchers and the Hawaiian Islands

    Humpback Whales National Marine Sanctuary Advisory Council (SAC).

    The policy that we have developed is stricter than existing Federal

    regulations in Hawaii and includes the following:

    Changing routes during whale season to avoid areas with highconcentrations of whales

    Slowing the speed of our vessel in shallow water areas wherewhales congregate

    Maintaining a distance of 500 meters (541 yards) from whaleswhenever possible. Federal regulations require vessels stay 100

    yards from whales.

    Adding two dedicated whale observers on the bridge during whaleseason to assist the Captain and officer.

    Utilizing state of the art technology, including the latest motion-stabilizing and night-vision binoculars to enhance our crews ability

    to spot whales.

    Any vessel traversing Hawaiis waters must help protect and avoid whales

    whenever possible, and we do not take this responsibility lightly. Hawaii

    Superferry will continue to explore additional means to avoid whales.

    2) When a whale surfaces in HSFs path, what is the minimum distancerequired and time needed to change course and avoid collision?

    There are multiple variables that must be considered in whale avoidance

    such as location of whales, vessel speed, sea state, and others that doesnot allow a simple answer to the question. Our catamaran design makes

    our vessels highly maneuverable with the ability to turn, slow, and stop

    more quickly than large conventional ships with a single hull. Our

    crewmembers are trained to actively seek and identify whales along

    track lines ahead of vessel and will change course and speed as needed

    to avoid whales.

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    There are many aspects to our whale avoidance policy which can be

    seen on our website. Highlights include our vessels changing course

    during whale season to avoid areas of higher whale concentrations near

    Maui and Penguin Banks near Molokai. Two additional crew members will

    be stationed on the bridge with the latest motion-stabilizing and night-

    vision binoculars to help the Captain and officer spot and avoid whales.Our vessel must, whenever possible, maintain a minimum distance of 500

    meters (541 yards) from any whale.

    3) Please substantiate how HSFs Whale Avoidance Policy is morerestrictive than the 100-yard federal approach law for humpback whales?How is it possible HSF can ensure it will never approach closer than yourstated goal of 500 meters?

    Our policy requires that our vessel change course or speed to stay at least500 meters (541 yards) from whales which represents a stricter policy than

    current federal regulations in Hawaii that requires vessels to maintain a

    distance of 100 yards from a Humpback whale. Our policy represents a

    high standard to help us avoid whales using current available technology.

    This policy includes:

    Changing routes during whale season to avoid the whale denseareas near Maui and the Penguin Banks off of Molokai.

    Slowing down to 25 knots or less in shallow waters (600 feet or less)where whale concentrations are greater.

    Adding two extra crew on the bridge to assist the Captain andofficer in spotting whales. These crew members will be equippedwith the latest motion-stabilizing and night vision binoculars. In

    addition, a large night vision scope is built into the bridge.

    4) Research has shown that humpback whales are more vocal and just asactive at night as during the day. When fully operable, over 50% of HSFdepartures or arrivals will be in total darkness. How will HSF detect whalesat night and avoid collision? How does HSF plan to minimize impacts fromnoise created by its multiple engines on humpback whales and othermarine life?

    Our whale avoidance policy represents a high standard that will help us

    to avoid whales with the current available technology. With one vessel

    operating, one out of four departures will be at night from Kauai to

    Honolulu. When two vessels are operating in 2009, three out of eight

    departures will be at night Kauai to Honolulu, Honolulu to Maui and Maui

    to Honolulu. Our Whale Avoidance Policy includes adding two extra crew

    members on the bridge to assist the Captain and officer spot whales.

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    During night voyages the whale spotters will be equipped with the latest

    stage four night vision binoculars providing exceptionally clear images. In

    addition, a large night vision scope is built into the bridge.

    Regarding the question regarding of noise, our vessels are similar to other

    ferries operating in United States waters where Humpback whales arepresent, such as in Alaska. Our routes are primarily in deep waters

    avoiding areas of greater whale concentration. Our routes change during

    whale season to avoid the more whale dense areas by going North of

    Molokai on voyages between Honolulu and Kahului whenever possible

    and routing around Penguin Banks. Our vessels will also operate at a

    maximum of 25 knots in waters of less than 100 fathoms (600 feet or less).

    The ferries independent water jet-propulsion systems mean no exposed

    propellers for increased safety and protection of marine mammals.

    5) Research by David Laist of the U.S. Marine Mammal Commission hasshown that most fatal collisions between whales and ships occur whenvessels are traveling at speeds greater than 13 knots. Furthermore in over90% of collisions with vessels exceeding 250 feet in length the collision isdeadly for the whale (HSF is 349.4 feet long). HSF is proposing to travel inSanctuary (and near shore) waters at 25 knots, nearly twice therecommended speed by the Marine Mammal Commission and NOAA.What research and modeling has HSF undertaken to ensure it will not strikeand kill whales both in the Sanctuary and non-sanctuary waters?

    Hawaii Superferry worked in partnership with whale researchers and the

    Hawaiian Islands Humpback Whale National Marine Sanctuary AdvisoryCouncil to develop a whale avoidance policy that is stricter than existing

    federal regulations in Hawaii.

    Our whale avoidance policy requires our vessels to slow down to a speed

    no greater than 25 knots when in Sanctuary waters or shallow waters (600

    ft. or less) which is a similar speed as some other vessels in Hawaiian

    waters, including vessels traveling within Sanctuary waters. Our policy

    requires our captains to change course and speed whenever necessary

    to avoid whales.

    The catamaran design of our vessels will help reduce exposure by having

    a shallower draft than large conventional single hull vessels. Our vessels

    have a draft (distance of hull below the water line) of only 12 feet as

    compared to other conventional ships with a draft ranging from 28-55

    feet. Hawaii Superferry vessels also have no propellers, eliminating a

    source of potential harm to whales.

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    6) Where on the vessel will the two onboard whale observers be located,what will they be equipped with, and how long will it take for a course andspeed change once an observer detects a whale? Has HSF done anymodeling to calculate how long it will take to relay whale information tothe helm, and for the captain to set a new course?

    The two onboard whale observers, who are trained in whale behavior and

    detection, will be located on the far port and starboard sides of the

    bridge to assist the Captain and officer in spotting whales. Relaying

    information to the Captain will take just a few seconds. As shown in our

    whale avoidance policy our Captains can detect and react with

    appropriate avoidance maneuvers within seconds. Our whale observers

    will be equipped with the latest motion-stabilizing and night vision

    binoculars. In addition, a large night vision scope is built into the bridge.

    These whale observers are also trained to actively seek and identifywhales along track lines ahead of the vessel. They will identify course and

    speed of whales and calculate CPA (Closest Point of Approach) and

    change course and/or speed as required to maintain a minimum 500

    meter distance fro whales. Our catamaran design hulls allows our vessels

    to be highly maneuverable with an ability to change course, slow or stop

    much faster than the large conventional ships with a single hull.

    7) Given HSF relies upon federal and state funds, why has the HSF notapplied for an incidental take permit (provided for under Section 10

    (a)(1)(b) of the Endangered Species Act) with regard to colliding withhumpback whales?

    There is no federal or state requirement for a Section 10 incidental take

    permit. An incidental take permit is a voluntary process and to date there

    has been no vessel or industry such as the whale watch industry, cargo

    transportation, or recreational boating industry that has undertaken this

    process in Hawaii. Hawaii Superferry has, however, worked with whale

    researchers and collaborated with the Hawaiian Islands Humpback

    Whale National Marine Sanctuary Advisory Council in developing and

    publishing its whale avoidance policy.

    8)HSFs proposed routing to Kawaihae on Hawaii Island passes throughone of the richest concentration of odontocetes (dolphins, pilot whales,beaked whales, etc.) in Hawaii located on the SW side of Lanai. High-speed ferries operating off the Canary Islands in the Mediterranean Seahave had numerous collisions with dolphins and pilot whales. The HSF

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    Whale Avoidance Policy addresses only humpbacks, not their smallercousins. How does HSF propose to mitigate impacts on these animals?

    JGs comment: need better answerThe HSF Whale Avoidance Policy focuses on humpback whales, but these

    avoidance measures can also be beneficial to other forms of marine lifeas well. The goal of the policy is avoidance of high concentrations of

    marine life to prevent interaction. We appreciate the mention of this area

    off the SW side of Lanai and request that the person who asked this

    question please contact us so that it may be included in our on-going

    research to help us find additional ways to protect Hawaiis marine life.

    9) The HSF website says the HSF is whale friendly because it operateswater jets instead of propellers. Has the HSF done any acoustic profiling ormodeling to examine the amount of noise differential between the two

    propulsion types and measured the resultant impacts on marine life? Whatstudies will you fund to understand the long-term impacts of acousticnoise on marine life targeted along your transit routes?

    Hawaii Superferry vessels are similar to other vessels operating with the

    United States in waters where Humpbacks and other marine life live and

    complies with regulations. We recommend that any studies regarding

    marine life ought to be determined by independent researchers.

    10) Over 80% of vessel strikes with whales involve blunt trauma injuryresulting from direct body contact with the hull. How will the bulbous

    underwater bow wings on the HSF pose little or not threat to whales andother marine life?

    Our whale avoidance policy takes steps that are more restrictive than

    existing federal regulations in our waters. Our policy is based on avoiding

    areas where whale concentrations are greater and keeping at least 500

    meters (541 yards) from whales. While no ship in Hawaii waters can

    completely eliminate the possibility of interaction with whales, our

    catamaran style vessels have much smaller hulls and draft underwater

    than the larger conventional ships with single hulls. Our draft is 12 as

    compared to a range of 28-55 feet for the conventional ships. For moreinformation on this, please refer to our Whale Avoidance Policy.

    11) In Hawaii, from December 05 and February 07 there have been atleast 10 whales struck by vessels ranging from 18-65 feet in length andtraveling between 10-15 knots. If these smaller, slower vessels are hittingwhales in HSFs proposed winter whale season route, how does HSF plan tomiss?

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    It is unfortunate any time a whale and vessel interact and all vessels must

    be on the lookout for whales. Hawaii Superferrys whale avoidance policy

    is designed to avoid areas where whale concentrations are greatest, such

    as in Sanctuary waters near Maui and Penguin Banks near Molokai. Many

    of the incidents have occurred in those areas with vessels who are tryingto get a closer look at whales. Our primary objective is the safety of

    marine mammals and our passengers, which we will accomplish by

    staying away from whales and avoiding them whenever possible. Our

    policy requires that our vessels maintain a minimum distance of 500 meters

    (451 yards) away from whales whenever possible (federal regulations are

    100 yards). In addition, we will have two additional observers on the

    bridge, equipped with the latest motion stabilizing and night vision

    binoculars available, on the lookout for whales. The catamaran design of

    our vessels makes them highly maneuverable and capable of changing

    course and speed quickly to avoid whales.

    12) On November 18, 2004 John Garibaldi, CEO of Hawaii Superferrytestified on its application for a Certificate of Public Convenience andNecessity to Engage in Operations as a Water Carrier at WaikoloaElementary School. Mr. Garibaldi stated: Our whale avoidance policy ismuch stricter than what is required by federal regulations regardingapproach to marine mammals On December 9, 2004 in a reply to PUCregarding their Certificate of Public Convenience application, theyclarified the marine mammal approach policy they were referring to wasNorth Atlantic right whales. Federal regulations regarding the protection of

    right whales prohibit approach to 500 yards and speeds reduced to 10knots or less in waters where right whales are found, and full stop at 500yards. How is the Superferrys approach policy stricter than this NOAAmarine mammal approach policy?

    To clarify any previous alleged statements, Hawaii Superferrys whale

    avoidance policy statement is stricter than current federal regulations for

    Humpback whales in Hawaii and does not refer to other areas or other

    types of whales. Our whale avoidance policy states that our vessels must

    stay at least 500 meters (451 yards) away from Humpback whales

    whenever possible. Current federal regulations for Humpbacks in Hawaiirequire vessels to stay at least 100 yards away.

    13) In a January 19, 2007 news article in Pacific Business News (Superferryofficials confident they can compete with airlines), former CEO of AustalUSA (the builder of the Superferry) Alan Lerchbacker states: I just worryabout getting enough business to cover costs because of the sheer size ofit, Lerchbacker said he suggested a 72-meter vessel only to see the

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    company order the 100-meter model. They may need 400 to 500passengers to break even, stated Lerchbacker. On February 7, 2007 JohnGaribaldi, CEO of Hawaii Superferry testified at a Senate hearing that theferry would likely only carry about 100 or so cars and 200 people on anaverage voyage. If Mr. Lerchbaker is correct, how does the Superferry

    plan to make money and remain in business?

    Hawaii Superferry did not speak with, nor interact in any manner with Mr.

    Lerchbaker, who is no longer with Austal. We have selected the best

    vessel available in the world for Hawaiis waters.

    14) The following campaign contributions were cited in relation toGovernor Lingle:John Lehman: $3,000Tig Krekel: $3,000

    John Garibaldi: $2,800David Cole: $4,000Margaret Cole: $6,000Jeffery Arce (to Aiona) $2,500ML&P $1,000Steve Case, Investor: $3,000Total: $25,300Cited Source: www. followthemoney.orgWhat portion of John Garibaldis annual salary does $2,800 represent?

    Hawaii Superferry is a privately held company and John Garibaldis salary

    is proprietary information, as is the salary of all executives and othersworking for Hawaii Superferry.

    15) On November 18, 2004 John Garibaldi, CEO of Hawaii Superferrytestified on its application for a Certificate of Public Convenience atWaikoloa Elementary School. Mr. Garibaldi stated, The loading andunloading of passengers and vehicles is fast it should take about 30minutes to load and unload the passengers and vehicles once the vesselis secured in port. How long will it really take to load and unloadpassengers and vehicles? How early will vehicles and passengers be

    allowed to line-up prior to departure? Where is the parking located forpassengers not wishing to bring their vehicles, how will passengers getfrom off-site parking to ferry, and how much will the parking cost?

    Since the initial application filed with the PUC in 2004, Hawaii Superferry

    has refined its operational plans and filed an update with the PUC. While

    we feel that loading and unloading can be accomplished quickly,

    especially after residents and businesses become familiar with the

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    process, our preliminary schedule allows for a adequate vessel turn

    around time between arrival and departure. One hour for the ports of

    Honolulu and Kauai, with Maui allowing 90 minutes turn around time. The

    ports of Honolulu and Kauai will open two hours prior to vessel departure,

    Maui will open two and a half hours prior to departure. Our facilities in

    each port are sufficiently large to accommodate all vehicles expected toboard the ferry. This will ensure that vehicles can immediately enter each

    facility with no delays on the outside roadways. There is no public parking

    available in Hawaiis ports. Walk-on passengers should make

    arrangements with family or friends to be dropped off or picked up at

    each port.

    16) On December 9, 2004 the Superferry issued a reply to their applicationfor a Certificate of Public Convenience and Necessity to Engage inOperations as water Carrier wherein they state: Applicant does not intend

    to offer large lots for long-term or overnight parking at the harbors. Anyparking provided would be limited to pick-up, drop-off, ticket sales orother business. Most people who bring a vehicle will prefer to travel with it,so the demand for parking in connection with roll-on-roll-off ferries istypically low. Can the Superferry please reveal the studies and casehistories showing low demand for parking? What studies did Superferryfund to examine the parking issue?Hawaii Superferry visited and met with owners of the premier ferry

    operator in the Canary Islands, an archipelago with 6 islands and

    population similar to Hawaii. Benchmarking was done with their operation

    as well as other ferry operations throughout the world. Phone surveys

    were also conducted in 2004 to identify the needs and potential usage ofconsumers in Hawaii. Based on our assessment, walk-on passengers are

    estimated to be 15% or less of expected passenger loads. The primary

    advantage to customers of Hawaii Superferry is the ability to drive your

    car on and off the ferry.

    17) Hawaii Superferry announced inter-island ferry service on January of04 with service to commence January07. They started construction oftheir first ferry in June of 04. Then they applied to the PUC for a Certificateof Public Convenience in November of 04. Why did you start construction

    of your first vessel without the required operations permits in hand first?

    The founders of Hawaii Superferry believed strongly that their application

    for interisland ferry service was timely, financially sound, and provided

    residents with a much needed alternative to travel. Austal USA, the

    builders of the vessel, felt it was a sound business enterprise and

    commenced construction of Hawaii Superferrys first vessel in May 2004

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    under a shipbuilding agreement that was subject to financing.