WAILUKU, Maui — The future of the Hawaii Superferry likely will be determined Monday when a Maui judge is expected to rule on whether it can resume service during an environmental assessment of ferry-related harbor projects.

Even if Maui Circuit Judge Joseph Cardoza allows the company to sail its high-speed catamaran Alakai between Honolulu and Kahului during the months it will take the state to perform the study, he may set conditions on ferry operations to mitigate environmental concerns.

Attorney Isaac Hall, representing three groups that have been pushing for the environmental study, told The Advertiser yesterday the law clearly states the assessment must be done before a project or action can occur.

But if he loses on that point, Hall said he would ask Cardoza to impose temporary "superprecautions" that include vessel speed restrictions and a ban on transporting vehicles — one of the ferry's main selling points.

Hawaii Superferry President and CEO John Garibaldi has indicated the company would not be able to absorb the financial blow caused by a continued prohibition of service to Maui. He said the company's weekly expenses are $650,000. Without revenue from ferry operations, he said, the vessel would have to be leased to a party outside the state, with no guarantee it would return.

SPEED REQUIREMENTS

Garibaldi also said the company would find unfeasible any court-ordered speed restrictions that would slow the ferry to about 15 knots, or about 17 mph, while traversing waters favored by humpback whales. The vessel's normal cruising speed is 37 knots, or about 42 mph.

Cardoza yesterday brought the gavel down on four weeks of testimony by 29 witnesses in a hearing on a motion for a permanent injunction filed by Hall's clients: the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition. Attorneys will present closing arguments at 9:30 a.m. Monday.

Saying he was aware of the urgency of the situation, the judge indicated he would render a decision at that time.

Cardoza issued a temporary restraining order Aug. 27 that halted ferry service to Maui a day after it started. The action came in the wake of a Hawai'i Supreme Court decision ordering the state Department of Transportation to conduct an environmental assessment of $40 million in publicly funded improvements at Honolulu, Kahului, Nawiliwili and Kawaihae harbors to accommodate the new 350-foot ferry, the Alakai.

During the course of the hearing, witnesses for the Superferry and the DOT testified on the public need for an interisland ferry service, and about the potential financial impacts if the company is not allowed to resume operations immediately.

The three community groups have presented testimony on the environmental risks of allowing the ferry to sail before the assessment can identify any problems and propose measures to reduce the potential impacts, which include the spread of alien species, collisions with humpback whales and increased traffic around harbors.

Among those called by Hall to testify was retired Haleakala National Park superintendent Donald Reeser, who said he expressed early concerns about bugs and other unwanted invaders hitchhiking aboard the ferry from other islands, threatening the park's fragile ecosystems.

Also called to testify were Uncle Les Kuloloio and Kema Kanaka'ole, who talked of their worries that the convenience of the ferry would encourage people to take their vehicles to other islands and deplete Native Hawaiian subsistence fishing, hunting and gathering grounds.

Earlier in the hearing, it was revealed that three O'ahu men had been planning to return to Honolulu on the ferry after loading their pickup trucks with 900 imu rocks collected from a Maui beach in violation of state conservation laws.

WATER-USE ISSUES

Iokepa Nae'ole spoke of how the Alakai might affect longtime use of waters in and outside the harbor by canoe clubs, kayakers and paddleboarders.

In her testimony, Teya Penniman of the Maui Invasive Species Committee recommended the ferry use a high-pressure undercarriage wash to flush seeds and other tiny material from vehicles, provide hot-water treatment of plants to remove coqui frogs and other pests, and employ a canine team to sniff out smuggled plants and animals.

Superferry supporters who testified included Big Island Mayor Harry Kim and Brig. Gen. Gary Ishikawa, deputy adjutant general for the state Department of Defense, who both spoke of how the ferry would be a welcome addition to the state's disaster-response forces.

Carol Okada of the state's Plant Quarantine Branch stated the ferry would have a negligible impact on the spread of invasive species from island to island. Warren Watanabe of the Maui County Farm Bureau and Pamela Tumpap of the Maui Chamber of Commerce talked about how the ferry would benefit interisland trade.

FINANCIAL IMPACTS

Addressing the financial impacts of a further prohibition on Maui ferry service, DOT Director Barry Fukunaga testified that other harbor users would have to pay for the $40 million in ferry-related projects if the Superferry goes out of business.

Jean McKeever of the U.S. Maritime Administration said taxpayers would be the losers if the company defaults on loans backed up by a $140 million loan guarantee issued by the agency for vessel construction.

On a more personal scale, 'Aiea resident Steve Gilbert, who requires a ready oxygen supply because of a respiratory ailment, talked about the ease of travel by ferry compared with airline flights. Maui businessman Myles Kawakami explained how much cheaper and easier it would have been to send his son to the University of Hawai'i-Manoa if the family had been able to pack up their truck and "drive" his surfboard and other belongings to O'ahu via the ferry.

But the make-or-break issue facing the Superferry, and the trickiest concern for Cardoza to consider, could be its potential impact on humpback whales and other protected marine species.

Maui-based researchers Greg Kaufman of the Pacific Whale Foundation and Hannah Bernard testified the ferry's size and speed made it a high risk for deadly whale collisions. They also expressed concern that the ferry's Honolulu-to-Maui route takes the vessel through known whale and dolphin habitat.

SUGGESTS SLOWER SPEED

Kaufman recommended speeds in the range of 13 knots from October through early July, when humpbacks have been reported in Hawaiian waters.

The company's whale-avoidance policy includes avoiding waters of 100 fathoms (600 feet) or shallower where humpback whales are known to congregate during the peak of whale season, from January through April. When that is not possible due to poor weather or sea conditions, the vessel will slow to 25 knots or less.

The company also will post two dedicated lookouts on board to assist the bridge crew in spotting whales.

The most effective witnesses for Hall on the whale issue might have been officials with the National Marine Fisheries Service who told The Advertiser the Hawaii Superferry policy does not go far enough to protect whales, and that they are especially concerned about the vessel's speed.

But Hall was unable to subpoena the officials, because federal regulations generally prohibit federal employees from appearing as witnesses in litigation not involving the U.S. government. McKeever appeared voluntarily on behalf of Hawaii Superferry.

Regardless of which side wins on Monday, Cardoza's ruling can be appealed to the Intermediate Court of Appeals.

Reach Christie Wilson at cwilson@honoluluadvertiser.com.