Hawaii Super Ferry, Whale Collision Modeling

Client: Hawaii Super Ferry

Location: Honolulu, HI

Summary: The National Marine Fisheries Service (NMFS), a division of National Oceanic and Atmospheric Administration (NOAA) was concerned that the Hawaii Superferry (HSF) high speed (35 knot) car/passenger ferry would harass or strike marine mammals, especially Humpback whales or sea turtles between the main Hawaiian Islands. To comply with the Federal Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) as well as the Hawaii Endangered Species Act, HSF agreed to prepare a Habitat Conservation Plan (HCP) and to seek an Incidental Take Permit (ITP) and related permits. Cardno ENTRIX undertook the technical and permitting aspects of this effort.

The focus was an analysis of potential harm, harassment and injury to endangered or threatened marine species (Humpback Whales, especially in the Humpback Whale National Marine Sanctuary; Hawaiian monk seals; other marine mammals; and sea turtles) from high-speed ferry operations. Cardno ENTRIX prepared an overall work plan to obtain the desired permits and to complete the NEPA/HEPA requirements. Cardno ENTRIX, in collaboration with NMFS and HSF, prepared a ?Humpback Whale Encounter Model? which utilized existing baseline information on Humpback Whales as well as other cetaceans in the Hawaiian Island waters. The model predicted the probability of a ferry encountering a whale (i.e., any ?encounter? within a kilometer to a direct strike) and predicted the probable impact on the population. The model was being expanded to include other species to the extent baseline information was available. The model was also being expanded to include development of baseline levels of take and harassment under the ESA and MMPA occurring through commercial fishing, recreational and subsistence activities, marine traffic, and tourist activities. Cardno ENTRIX staff worked closely with NMFS?Pacific Islands Regional Office (PIRO) scientists and policy analysts in the initial phases of preparation of a Habitat Conservation Plan and an Incidental Take Permit. The project was cancelled when HSF went bankrupt and ceased active operations in 2009.

In addition, Cardno ENTRIX provided technical support for litigation on potential impacts of HSF operation on Humpback whales. Cardno ENTRIX identified testifying experts to support HSF (defendant) in a private party lawsuit heard in state court. The allegation was that HSF operation would impact bowhead whale populations and that impact had not been adequately addressed in the environmental assessment and permitting process. Cardno ENTRIX scientists reviewed plaintiff depositions, reports, testimony, and related documents to provide technical analyses to HSF counsel. Cardno ENTRIX also provided technical information to HSF expert witness. The case was decided in favor of HSF.