StarBulletin.com

Smuggled-in fireworks expose security flaw


By

POSTED: Friday, January 08, 2010

Another New Year celebration has ended and once again calls for a complete ban on individual fireworks can be heard. If residents would just follow the existing laws, I feel the calls for a ban would be very limited. Unfortunately, many people blatantly disregard our laws, and many residents are frustrated and angry at the perceived lack of action being taken by law enforcement. I have heard that booming bombs started as early as September in some areas of Oahu. I know by Thanksgiving it is common to hear the bombs or see illegal aerial fireworks in residential neighborhoods.

Our dilemma at the Legislature is our constituency is divided when it comes to an outright ban. There are those who say fireworks are an island and Asian tradition that is celebrated by many families. Others feel the noise and smoke are too much for those with breathing problems and pets in particular. With a split constituency, there is no consensus among lawmakers on what should be done.

A few months ago the Senate Public Safety and Military Affairs Committee conducted a hearing at the state Capitol focused on the smuggling of illegal aerial fireworks into Hawaii. One gaping hole we found was in our domestic containers brought into Hawaii from the mainland by Matson and Horizon. Only about 5 percent of those containers are randomly inspected. Thus if at least 100,000 containers are imported, at least 95,000 are not inspected at all. It's easy to see where some of the illegal contraband is coming from.

Conversely, when it comes to containers from abroad, 100 percent are inspected. The threat from foreign shores is serious but I question the wisdom in the drastic discrepancy between foreign and domestic container inspections. Apparently the threat of domestic contraband does not rise to the level of foreign contraband, and this mentality must change. State and federal officials must address this open sieve when it comes to container inspections. It does not make sense to place a high priority on foreign containers and a low priority on domestic containers.

The state Department of Agriculture advised me that agricultural containers are 100 percent inspected from the mainland to combat invasive species. If we can provide resources for invasive species, we should be able to increase resources for other contraband such as explosives and illegal drugs.

We also found that explosives are arriving by mail. Mail courier companies like FedEx and UPS, for example, do not routinely X-ray packages for explosives. The Federal Aviation Administration and Transportation Security Administration are involved here, and I was told passenger planes get more scrutiny and attention than mail cargo planes. In one instance for example, fireworks were discovered only because the package had broken open.

Lacking an outright ban of fireworks, what should the Legislature do? One place to seek assistance is the Department of Homeland Security. The state should request federal funding to improve our port and airmail security since a dirty bomb or other high explosives detonated in Waikiki or downtown would have devastating effects on our economy. More resources for law enforcement to catch and convict blatant law breakers are needed as well. Stronger penalties and punishment are also warranted.

Many people know individuals who broke the law or are still breaking the law with booming bombs or illegal aerial fireworks. Local attitudes must change and family members or others must become responsible and stop illegal activity. If this does not happen, an outright ban on individual fireworks is a strong possibility.

Finally, in this election year, ask your elected officials and those running how they feel about fireworks. This issue is not likely to go away.

Will Espero (D-Ewa Beach, Waipahu) is chairman of the Senate Public Safety & Military Affairs Committee.