KAHEA invites you to Keeping The Call Alive: Monk Seals, Mauna Kea, and Makana, a KAHEA benefit concert on Saturday, May 26, 2012 from 6 to 9 pm at Calvary by the Sea. Please click here for directions to the event.

Smoke meat plates and drinks will be available for sale.

Live music will be provided by Makana with special guest Lono, Jon Osorio & Friends, Bobby Moderow, and Kawika Kahiapo.

An art sale will feature original photographs by Ed Greevy and lots of other art by local artists.

Suggested donation of $25. All proceeds will benefit the work of KAHEA to protect environment, defend cultural rights, and promote justice! If you are unable to join us May 26 but would still like to support our work, please click here to donate securely. We are a 501(c)3 organization and all gifts are tax-deductible.

For tickets or additional information, please contact us at 524-8220 or kahea-alliance@hawaii.rr.com.

Mahalo nui,
Jon Osorio, KAHEA board member and fundraiser committee chair

Want to help us get the word out? Click here for a printable flier!

By email from Kure Atoll, Hawane extends her gratitude to everyone who voted for Poli’ahu i ke kapu, a tribute to the divine snow goddess of Mauna Kea which recently won in the category of Single, Hawaiian Language for this year’s Big Island Music Awards. She also sends a deeply felt mahalo to Dennis Soares for sponsoring the Awards . “This is so awesome. Please send out my greatest appreciation to all of those who have supported Poli'ahu i ke Kapu and Mauna a Wakea. I feel very honored to be apart of this movement with all of you.” Hawane dedicates this, her first award to mentor, friend, and fellow musician Uncle Puna Keli’iho’omalu from Kaimu, Kalapana.

In September, Hawane departed to Kure Atoll, the Northwestern most Hawaiian Island, volunteering for seven months to assist with the island’s native habitat restoration and protection of endangered species. Before she left, she recorded the mele (song) which was engineered and mastered by Sonny Lim and assisted by his daughter, Anuhea Lim. Hawane will be singing with Sonny Lim at the Awards Banquet on April 2 in Hilo.

Knowing the aloha Hawane feels for Mauna Kea, Sonny shared, “I am humbled by her passion in what she believes is pono and how she carries it like a torch in the darkness...for me it was a blessing to help her sustain, and fuel her light into the future..”

Please be encouraged to purchase Poliʻahu i ke kapu, available on iTunes and other online music stores as proceeds from sales are being donated to the KAHEA Hawaiian-Environmental Alliance Mauna Kea Legal Defense Fund for the protection of Hawaiian cultural practices as well as the sacred sites and landscape on Mauna Kea.

The lyrics and music video of Poliʻahu i ke kapu can also be found on the YouTube online site that was created by Auliʻi Case, Pua Case, and Kapulei Flores.

For weeks now, people have been questioning the Governor’s
appointment process and, in particular, whether Yamamura meets the
Water Code’s requirement of “substantial experience in the area of
water resource management.”  For background on this ongoing
controversy, see this article at:
http://www.civilbeat.com/articles/2012/02/22/14970-abercrombies-latest-water-commission-nominees-dont-quiet-uproar/

In the face of this controversy, the WLH Committee has taken the
unusual step of scheduling an informational briefing by Water
Commission Deputy Director Bill Tam and the Nominating Committee
responsible for the short list of candidates to explain how these
picks were made.  The briefing is scheduled for 1:15 pm, ten minutes
before the hearing on Yamamura’s confirmation (briefing notice here:
http://www.capitol.hawaii.gov/session2012/hearingnotices/HEARING_WLH_04-05-12_INFO_.HTM).

Please come to both hearings and send in testimony opposing Yamamura’s
confirmation.

Why does this matter and what’s wrong with the process?
The Water Code and Commission were established after the 1978
Constitutional Convention to manage water as a public trust for
present and future generations and move beyond the plantation-era
politics of a handful of interests monopolizing water for private
profit.  As the Code mandates, the Commission is supposed to be a
panel of experts with a requirement of “substantial experience in the
area of water resource management.”  HRS § 174C-7(b).  Further,
because the Commission has been consistently dominated by “Big Ag”
water diverters, the Code was amended in 2003 to reserve a seat for
someone with “substantial experience or expertise in traditional
Hawaiian water resource management techniques and in traditional
Hawaiian riparian usage such as those preserved by section 174C-101.”
HRS § 174C-7(b).

What should you do?
Despite these clear requirements, Yamamura does not meet the
qualifications.  He is a land appraiser from Maui, lacking
“substantial experience in the area of water resource management.” Any
commercial valuation of water that may occur in land appraising has
nothing to do with managing water resources as a public trust.  See,
e.g., In re Waiahole Ditch Combined Contested Case Hr’g, 94 Haw. 97,
180 n.96 (2000) (explaining that any financial value of water for
eminent domain purposes “is inapposite to any analysis under either
the police power or the public trust”).

In addition, there are significant questions about the integrity of
this process.  Clearly qualified applicants were passed over for
Yamamura.  Also, Yamamura is from the Nā Wai ʻEhā area of Maui, where
Maoli and local groups have been struggling to restore stream flows
diverted by plantation ditches.  At minimum, this raises improper
appearances of attempting to influence this and other Maui cases.  In
fact, including the pending nominees, four of the five appointed
Commissioners would be from the single island of Maui.  In short,
politics continues to improperly subvert the law and expertise in the
management of our most precious resource.

Despite these and other concerns, the informational briefing is
scheduled only ten minutes before the confirmation hearing, giving
concerned community members no time get more information before taking
a position and submitting testimony on the issue.

Please send in testimony today:  (1) opposing Yamamura’s confirmation
and (2) asking the Committee to reschedule the confirmation hearing
until after the public has adequate opportunity to review and respond
to the informational briefing.  Mahalo piha!

More information on GM 755 is available here:
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=GM&billnumber=755

YOUR TESTIMONY HEADER SHOULD BE:

HOUSE COMMITTEE ON WATER, LAND, AND HOUSING
ATTN:  CHAIR DONOVAN DELA CRUZ

Testimony Opposing GM 755:  Yamamura’s Nomination to the Water Commission

April 5, 2012, 1:25 p.m.
Conference Room 225

WHERE TO SEND TESTIMONY:

Testimony should be submitted via the legislature’s webpage at:
http://www.capitol.hawaii.gov/submittestimony.aspx,
emailed to WLHtestimony@capitol.hawaii.gov
or faxed to 586-6091 (or 1-800-586-6659 from neighbor islands).

SAMPLE TESTIMONY:

Aloha Chair Dela Cruz and Members of the Committee:

My name is __ and I am testifying in strong opposition to GM 755,
nominating Ted Yamamura to the State Water Commission.

Hawaiʻi’s Water Code mandates that any Commissioner have “substantial
experience in the area of water resource management.”  HRS §
174C-7(b).  This requirement is vital to ensure that the trustees of
one of Hawaiʻi’s most precious resources are qualified to serve in
this expert, objective, and fiduciary role.  Mr. Yamamura fails to
meet this basic prerequisite.

The management of water resources goes far beyond the valuation of
land or even water connected with land.  As the Hawaiʻi Supreme Court
explained, the duty of a trustee over water resources is much more
than the role of a “business manager,” or a mere “umpire calling balls
and strikes.”  This trustee role is too important to be handed to
political appointees lacking the necessary expertise.

Moreover, many actually qualified applicants were passed over, raising
serious questions about the integrity of this process.  That also
casts doubt on whether the Water Code’s qualifications were given
sufficient consideration.

In addition, more representation is needed from other islands.
Including the pending nominees, four of the five appointed Water
Commissioners will be from the single island of Maui.  The Water
Commission’s public trust obligations extend throughout the state, and
other islands require representation as well.

Please vote to deny Mr. Yamamura’s nomination.  Mahalo for the
opportunity to testify on this important issue.

Check out our photos from the rally here.

From Kukunaokala:
It is an amazing sight and overwhelming feeling to experience a gathering of people with one common goal. It is this feeling that I had the opportunity to experience during the assembling of the ahu and Hāloa kiʻi at the state capitol on February 6th. Uncle Walter Ritte headed the operation which deconstructed the ahu originally located at the University of Hawai`i Kamamakūokalani Center for Hawaiian Studies, transported, then reconstructed on the lawn of the capital. During the construction of the ahu, Uncle Walter took the time to speak to the haumāna of Hālau Lōkahi as well as whoever else wanted to listen, about the importance of advocacy and how these GMO labeling bills will affect each and every one of us on a personal level.

While 80% of the processed foods in the United States contain ingredients that are genetically modified, neither the State or Federal governments see the need to label these foods as such. In response to such negligence, a group of Molokaʻi residents and University of Hawaiʻi students, led by Uncle Walter built an ahu and proceeded to erect a kiʻi in the form of Hāloa at the State Capitol. Hāloanakalaukapalili was the eldest child of Wākea and Ho`ohōkūikalani. He was stillborn; his body was buried and from it grew the first kalo plant. Ho`ohōkūikalani became pregnant again and gave birth to another son, healthy and strong. He was named called Hāloa, the first Hawaiian man, progenitor of the Hawaiian people and namesake of his older brother. The kiʻi is a physical representation of the sacred relationship that kānaka have with kalo. Uncle Walter uses the story of Hāloa to remind people that we serve nature, not the other way around.

The Hāloa ki`i is at the capitol to bring attention to the legislative bills that would require the labeling of genetically modified foods sold in Hawaii. Clift Tsuji, the chair of the Committee on Agriculture (and 2010 winner of the Biotech industries “co-legislator of the year”, Calvin Say was the other recipient) refused to hear any of the GMO-labeling bills this session. In response, Uncle Walter and friends organized a rally on February 21, 2012, consecrating the Hāloa ki`i and building momentum for an even bigger campaign next session.

The event began on the lawn with an opening ceremony centered on the ahu and the Hāloa. Haumāna from Hālau Lōkahi and Hālau Kūmana offered oli and hula, and shared their mana’o.  The rally then proceeded to move into the rotunda where a stage had been erected decked out with amplified speakers, professional microphones and videographers at all angles.  There were guest speakers who filled the rotunda with words of encouragement, motivation, facts, opinions, mo’olelo, and mana’o.  Glen Martinez, President of the Hawaii Farmers Union, compared his first hand experiences as a farmer in the 1970s with the farming conditions today.  His conclusion was that the actual acreage of land in agriculture in comparison has significantly decreased while the amount of urbanization and industrialization continues to rise.  Uncle Walter, a Hawaiian activist of Moloka`i spoke to the cultural prospective on GMO’s and our kuleana as stewards of the `āina to protect the integrity of our food sources both locally and abroad.  Representative Faye Hanohano spoke briefly on her position in regards to this issue and made it clear to her constituents that she is and will continue to be in total support of the movement.  As a totally unexpected surprise, Anthony Aalto of the Sierra Club took his speaking time to talk about the Purple Spot! Loving the solidarity action! For a great re-cap of the GMO rally ma ka ‘ōlelo makuahine, check out this great coverage from our friends at `Oiwi TV:

Date: Sun, Jan 29, 2012 at 8:38 PM
Subject: Sierra Club comments to the NSF Portfolio Review Committee
To: astportfolio@nsf.gov
Cc: "Mr. James Ulvestad" <julvesta@nsf.gov>

The National Science Foundation has already announced that the federal government will not be funding the development of the Thirty Meter Telescope in the near future. They are, however, considering funding the massive telescope proposed for Mauna Kea in the distant future. Below is a letter the Moku Loa Group of the Sierra Club sent to the National Science Foundation to dissuade them from funding such an unnecessary destruction of sacred native land

We at Sierra Club understand that your committee is now considering which of two next generation telescopes it will recommend to receive substantial funding from the National Science Foundation—the Thirty Meter Telescope (TMT) on Mauna Kea in Hawai‘i or the Giant Magellan Telescope (GMT) on Cerro Las Campanas in Chile.

We thought that as you consider these two projects you might appreciate receiving some background information about the local controversy in Hawai‘i regarding the possible construction of the TMT on Mauna Kea, the legality of which is now being challenged.  This controversy and the litigation associated with it will affect the efficacy of your committee’s decisions and therefore should be considered as you carry out your important charge.

Sierra Club understands that this may not be the typical kind of input that your process is designed to attract.  However, because your scientific funding recommendations could lead to significant, adverse and substantial environmental and cultural implications for the mountaintop, we feel compelled to advise you of these considerations.

Mauna Kea’s special legal status

Islanders have longstanding concerns about further industrialization of the mountaintop, which is designated by the State of Hawai‘i as a Conservation District and is subject to strict environmental limitations in order to protect the district’s unique cultural and natural resources.  Hawai‘i has also designated the whole summit area as a State Historic District because of its important cultural significance.

Longstanding cultural and environmental concerns

Native Hawaiians have long revered Mauna Kea as a sacred mountain, reflected by its numerous shrines, altars and other religious and cultural sites.  The mountaintop is where Hawaiians’ genesis story took place and the burial ground of their most revered ancestors. Contemporary Hawaiians conduct traditional spiritual and astronomical ceremonies there.  Its stunning, windblown Aeolian Alpine landscape is also home to plant and animal species found nowhere else on Earth, whose habitats have already been damaged by observatory industrialization.

Land Management Controversy Creates Litigation

The State’s Land Board has approved TMT’s Conservation District Use Application (submitted on TMT’s behalf by the University of Hawai‘i), but that decision was conditional on the outcome of a recent ‘contested case hearing’ before a State-appointed hearings officer who is now considering its extensive testimony and findings of fact. During those hearings, the legality of the Land Board’s decision was challenged and will ultimately be resolved in court.

A related lawsuit, challenging the adequacy of a required Comprehensive Management Plan (rushed by the University of Hawai‘i to meet the schedules of TMT and NSF), has also been in the courts.

The last time Caltech and the University of California proposed a telescope project for Mauna Kea (the Keck Outriggers), federal and state courts sided with Native Hawaiians and environmentalists to support the environmental and cultural protections of the Conservation District and ruled against proceeding with further development in the district. We expect them to do the same this time.

A deep community commitment to Hawai‘i’s special mountain

Islanders feel compelled to challenge state agency decisions that violate state and federal laws, particularly when those laws were established to protect places like Mauna Kea and indigenous people like Native Hawaiians. In Hawai‘i what is traditionally “sacred” is taken seriously—and protected by law—because of the state’s large native population and the persistence of contemporary forms of traditional cultural and religious practice.

But a much broader public, of all ethnic backgrounds, is also involved, having long expressed worry about the mountain’s overdevelopment and the summit’s changing appearance from the coast.

Some web links for background on this decades-long controversy

All this public concern and litigation is something TMT and University of Hawai‘i astronomers have worked hard to downplay—and may have understated to your committee. To provide you with some background about the ongoing local controversy, we’ve pasted onto this message some web links that may be useful to you. They include a sampling of the many newspaper articles that have appeared here and in California, as well as other useful links to help you understand that TMT’s support in Hawai‘i is limited primarily to University astronomers and observatory staff, local construction companies and unions, and some politicians.

As you review these materials, you’ll immediately notice that the island opposition to TMT concerns local land use issues, not the scientific value of astronomy, which is generally regarded here as important to society. Indeed, I myself am a lifelong astronomy fan who believes a giant telescope—located more sensitively in Chile—will yield wonderful research discoveries that will deepen our understanding of the universe.

Mahalo for taking the time to read this note and visit these websites. Please feel free to contact me if you have any questions.

Sincerely,
Nelson Ho, Co-Chair
Mauna Kea Issues Committee
Hawai‘i Chapter of Sierra Club

For background, please visit these websites:

“Hawaiians, Mountain in Avatar-like struggle,” by Tom Peek, a former Mauna Kea Observatories tour guide, Sacramento Bee, March 9, 2010: now available at:
http://www.dmzhawaii.org/?p=6359

“Grassroots Hui Coordinates Defense of Mauna Kea,” by staff reporters at the Hawai‘i Independent, July 4, 2011:
http://thehawaiiindependent.com/story/grassroots-hui-coordinates-defense-of-the-mauna-kea-conservation-district

Native Hawaiians’ Open Letter to TMT donor Gordon Moore: http://salsa.democracyinaction.org/o/2699/p/dia/action/public/?action_KEY=1469

“A big boondoggle: Can the TMT project be stopped? It's not an idea that's out of this world,” by Nelson Ho of Sierra Club, Honolulu Star-Advertiser, June 14, 2010: http://www.staradvertiser.com/editorials/20100614_A_big_boondoggle.html

“Pilgrimage to the Sky: Mauna Kea Equinox” by Marya Mann, Ke Ola magazine, November-December 2011: http://keolamagazine.com/the-life-of-the-land/pilgrimage-to-the-sky-mauna-kea/

“World’s Largest Telescope to be Built in Hawaii” by Audrey McAvoy, USA Today, July 22, 2009: http://www.usatoday.com/tech/science/space/2009-07-22-observatory_N.htm

“Excitement, disappointment over TMT decision” by Peter Sur, Hawaii Tribune-Herald: http://www.tmt.org/news/Site-Selection-News-Stories/Tribune-Herald.pdf

“Giant Telescope Eyes Site on Mauna Kea” by Kevin Dayton, Honolulu Advertiser, August 10, 2008: http://links.tmt-hawaiieis.org/08-1008_HA_Article_Giant_Telescope_Eyes_Site_on_Mauna_Kea_0_cfdc.pdf. This investigative article discusses the insider political campaign to build TMT on Mauna Kea.

Official KAHEA Hawaiian-Environmental Alliance website at http://kahea.org/, which contains numerous additional links, legal documents, and history. Pages containing specific information about the Mauna Kea and Haleakala controversies are found at: http://kahea.org/issues/sacred-summits

“Science, Culture Clash over Sacred Mountain” by science writer Usha Lee McFarling, Los Angeles Times, March 18, 2001: now available at:
http://www.moolelo.com/maunakea-latimes.html

“As-One,” a recent music video produced by Native Hawaiian kids to gather public support for Mauna Kea: http://kahea.org/blog/as-one

On the following Saturday, February 25, the Save O'ahu Farmlands Rally, March, and Farm Festival will take place at Kaka'ako Waterfront Parks, starting with the Rally at 9:00 a.m., and ending at 2:00 p.m. Speakers and entertainers for the rally will be announced soon. Please plan to attend and show your support for saving the farms! Please forward this to all your friends. More background information is found below this poster.

Background Information:

Within ninety days the Land Use Commission will decide on the possible urbanization for both the Ho’opili and Koa Ridge projects. The farms that would be taken by Ho’opili and Koa Ridge produce about 40% of all of the locally grown vegetables and fruits we currently eat. We cannot afford to lose either. As it is, with only a week’s supply of food on the island, we are daring a calamity to strike. We will need these lands to survive, should we ever be cut off from suppliers across the ocean.

The Ho'opili property is the highest producing farmland in the state. Some maintain it is the highest producing land in the world. In most places, because of winter season, they can only grow one crop a year. We have year round growing here, but in many areas with rich soil, like Waimanalo, they can only grow two crops a year because it rains so much. Crops need sunshine. In places like Koa Ridge in higher central Oahu, the frequent overcast skies limit them to three crops a year. But the lower 'Ewa plains, with abundant year-round sunshine, warm breezes, and clean irrigation water, produce four crops a year.

It's bad enough that the developer plans to cover this 1555 acres of farmland with houses, but that's not all. The rich farm soil is clay, and expands and contracts with water, so it cracks house foundations. The developer will come in and scrape off four feet of this precious soil, cart it away, and replace it with four feet of coral, which will support the houses, forever preventing future generations from reclaiming the land. These are all facts which we are using in our case at the State Land Use Commission, trying to save the Ho'opili and Koa Ridge farmlands.

You can find out more about our Alliance and efforts at www.SaveOahuFarmlands.com

A few nights ago, I received a call from T.C. Yim. He was a powerhouse in the State Legislature when I came to Hawai'i as a young man in 1971. He's now 89 years old. I couldn't believe he was calling me. I'd never spoken to him before. He had just seen a program we produced on 'Olelo Community Television about the need to save our farmlands. During the show we mentioned the Rally on September 25. He was calling to find out more about Save O'ahu Farmlands Alliance and the Rally. He said he was so happy to hear that we had an alliance where all those interested in saving farmland could work together. He had become quite a reader in old age, usually reading for four or five hours a day, always trying to understand better the bigger picture of what was happening in the world, and how it affected us here in Hawai'i. In recent years, he had realized that the world is running out of oil at a time when China and India are developing ever greater needs for it, and that the price of oil can only continue to rise, eventually making it too expensive to import food. He has come to realize that the two greatest needs we in Hawai'i will have in the future will be for food and fuel, and that we must act now to become sufficient in both. He will be there at the Rally on February 25, and I will introduce him to the crowd.

It should also be noted that there has been a real sea-change in the last couple of years. When we started working on this in 2008, we were alone, David fighting Goliath. No one cared. But there has been a revolution in consciousness. Down to Earth started building big stores; another opens today. Costco started buying local produce. Markets started competing in advertising for having the most locally grown fruits and vegetables.. KANU Hawaii suddenly mushroomed to 6000 active members pledging to eat better. A recent poll showed that the majority of people will pay more for locally grown. Consciousness that we are losing our best farmlands has also finally been picked up by the media. The Star-Advertiser published an editorial against the Ho'opili development. And word is getting to the politicians. Thirty-seven representatives signed a bill at the legislature to double our food production in twenty years. Yesterday, the City Council voted to make it possible that the Ho'opili and Koa Ridge properties will stay in food farming forever, if we win our case at the Land Use Commission.

Save O’ahu Farmlands Alliance is a group of roughly fifty pro-environment, pro-farm, and Hawaiian organizations, another fifty individual farmers and activists, and about 1100 additional members we reach with regular e-mail updates. We have been working for many months to raise public consciousness and roust people to action. We have created website (www.SaveOahuFarmlands.org), written numerous articles and Letters to the Editor, produced or appeared on a variety of television shows that are repeatedly shown on ‘Olelo, produced Public Service Announcements, appeared on radio programs, printed a T-shirt and sold hundreds of them at Farmers’ Markets across the island, developed and passed out thousands of flyers, and have more than 5000 signatures on our petition. All of the organizations in our Save O’ahu Farmlands Alliance are working together to get a large crowd to the rally. Collectively we have over 50,000 e-mail contacts.

Please call Dr. Kioni Dudley at 672-8888 or Cinnie Frith at 262-0878 if you have other questions.

As you may have already heard the Intermediate Court of Appeals (ICA) recently handed down their decision regarding the Mauna Kea Hui’s request for a contested case on the University’s “Comprehensive Management Plan” (CMP) approved by the State Board of Land and Natural Resources (BLNR) in 2009.

While it is true that the court did not grant us a contested case hearing on the UH CMP, they did confirm our longstanding concern with the plan: that it does nothing in and of itself to address the substantial and significant adverse impacts of telescope construction on the natural and cultural resources of the mountain. Read the decision here.

We are still waiting to hear from the BLNRʻs Hearing Officer (HO) on the outcome of our contested case hearing on the Thirty Meter Telescope (TMT). Mahalo to all of you who attended those hearings and supported us through that whole process last summer and fall. After the Hearing Officer makes his decision on whether to grant the TMT a building permit, then the BLNR will decide whether to approve, modify or deny the HOʻs decision. Pending the outcome of BLNR’s final decision the various parties may decide to appeal further into the courts.

The Kupuna say we win when we speak truth and stand for justice and Aloha. We are very proud we made a stand in the ICA and we are very proud of our Marti who took this case as her first court case for which she did an outstanding job!

In over a decade no telescopes have been built or allowed to destroy more of the sacred and precious landscape of Mauna Kea—and this is a win.

Further, the National Science Foundation (NSF) has decided not to fund the TMT Project. And contrary to the press reports, China and India’s contribution is still not enough to complete the project—and it was reported previously that their contribution was dependent on NSF contributions. It is unclear whether the TMT has any significant funding--without funding, the TMT cannot be built.

So there is still much to do and to continue to have hope for…hope for the land and the people and every reason to continue to speak the truth and to stand for pono action. And we will continue to stand for Aloha and for Mauna Kea!

Setting the record straight –and we ask all to please beware of the misinformation and hype.
Contrary to the assertions made in the press by the UH, the ICA decision did not uphold the UH CMP nor did it give the TMT a green light for construction atop Mauna Kea. What is true is that the court affirmed that the UHH has no way to actually implement their plan. That is to say, no actions can occur and the plan then is no more than a set of “future considerations”. This in no way can be construed as a green light for building the TMT on Mauna Kea—so don’t believe the hype!

According to the court no action means, no disturbance to the land and hence no one’s rights can be affected (this is not a position we fully agree with, since the UH plan does propose closing the MK access road (from sunset to dawn) and also proposes to regulate cultural practice by granting the UH sweeping authority to decide what is “appropriate” cultural practice and when cultural activities can or cannot occur. We do not believe only land altering activities infringe on the rights of the public or Native Hawaiian because closing us off the mountain would unequally impact our rights to worship and the public right to access Mauna Kea.

To be clear, we asked for an opportunity to be heard (via the contested case hearing) because without a contested case hearing the BLNR decision makers only have public testimony (usually limited to 3 minutes per person) thus there is no opportunity to review evidence or to hear expert testimony. Decision makers cannot make informed decisions if they don’t have all the information. In this case the court did not agree that approving a management plan triggers the right to a contested case hearing—on the logic that the UH needs additional approval and authority to take any action proposed in the management plan. If additional approval is ever granted to UH to take action on Mauna Kea, we will be there to make sure the natural and cultural resources of the mountain -- and rights of the public and Native Hawaiians -- are protected.

NO New Paradigm—the plan does nothing!
The court confirmed the UH has no authority to implement the CMP and therefore the plan for all intents and purposes does nothing (good or bad). If this is the case then the UH can’t claim they are “doing” everything right this time with the TMT, like protecting cultural rights and resources or protecting the delicate environs of Mauna Kea—so the court confirmed it is not a new day and there is no new paradigm—as the UH would have us all believe-beware the hype!

A review of our cases thus far:
Many people have been asking us to provide a simplified version of the history of Mauna Kea court battles—we have them below for you to review.

As many of you may remember, in the first case which was held in federal court we asked the court to affirm that the National Aeronautics and Space Administration (NASA) needed to conduct a federal environmental impact statement (EIS) prior to the construction of the 4 to 6 telescopes NASA was proposing to build on the summit of Mauna Kea. The court affirmed our case and NASA was compelled to complete an EIS. This would be the first federal level EIS ever conducted in the 40 some odd years that telescopes have been operating atop Mauna Kea. In the end the cumulative impact assessment of the NASA EIS concluded that thirty years of astronomy development has resulted in “adverse, significant and substantial” impact to the cultural and natural resources of Mauna Kea.

While we awaited the ruling of the federal court on the NASA case we were engaged in a contested case hearing, contesting the State’s (BLNR’s) decision to give the University and NASA permission to build up to 6 more telescopes on the summit. Then in 2003, we appealed the stateʻs decision and again the court sided with us, affirming that there was no comprehensive management plan to protect the cultural and natural resources to support the construction of any new projects on Mauna Kea let alone the NASA project. The court vacated the construction permit. After the court’s decision, NASA pulled the funds for the multiple telescopes project and the project was never to be built on Mauna Kea or anywhere else.

In the meantime, the University decided to hire a public relations corporation (Ku`iwalu Inc.) to write up a management plan now known as the “University’s Comprehensive Management Plan” instead of waiting for the State to complete the management plan for Mauna Kea. The state claimed that they had no money to do a plan. Herein is the big problem, the State has a duty to the people and their resources, because the state was put in place to protect the rights and resources of Native Hawaiians and the general public on all public lands in Hawai`i (that is a trustee condition provided under the Admissions Act, a federal law). Developers and corporations on the other hand are responsible to their owners and shareholders and not to Native Hawaiians or the public. This was the beginning of the ICA case.

While the ICA case was pending the UH and the TMT Corporation rather than waiting for the ICA case to review the CMP (and perhaps in an effort to burden us by forcing us to fight on two fronts –in two separate courts) they requested a permit from BLNR to construct the giant TMT. At that point we requested a contested case hearing and that was granted. As we stated above we now await the Hearing Officerʻs decision on this case.

What is important to note is that the TMT Corporation seeking the permit (using the UH to front for them) has responsibilities to their owners and shareholders and the residents of California where they are incorporated. The TMT has no legal responsibilities to the people of Hawai`i. The TMT would have a giant footprint (over 9 acres in total) and is so big it can’t even fit on the actual summit. If built it will destroy the sacred and delicate landscape, impact the view planes and alignments to and from sacred sites from around the islands to Mauna Kea and from Mauna Kea outward, and it will impact cultural practices exercised on the summit and surrounding areas and will obstruct sunset view planes from the summit as well as views from sea level looking up and those from the ocean.

We continue our strong stand for Aloha `Aina. We ask you to continue to stand with us supporting Aloha `Aina moving for a more beautiful, clean, healthful, sustainable and just Hawai`i!

Aloha no,
Kealoha Pisciotta, President
Mauna Kea Anaina Hou

Arguments have been made that the seals aren't native to Hawaii, I'm no expert and while I believe they are indeed native, I wonder why it matters. The truth is that it's estimated that there are less than 1,100 left on earth and only in Hawaii.  1,100 Hawaiian monk seals-- that’s it. Most local high schools have more students than that! Think back to being in high school, now imagine that you and your schoolmates are the only people left on earth. Can you now sense how the death of even one person in the group would be a heavy loss? It doesn't matter if the monk seals are native to the main Hawaiian islands--they are native to earth and are on the brink of not existing.  The main Hawaiian Islands may be the last place they can survive. We can survive together.

There is a middle ground here that is not being articulated in mainstream news.

Inappropriate development is one of the most significant factors in the decline of Hawaii’s ocean resources.  From shoreline armoring and channelized streams to uncontrolled, contaminated run-off and industrial projects undertaken at sea, the decisions that have allowed construction near the shore and in the ocean have ruined many marine habitats.  These habitats are ruined, not only for the seals and other marine wildlife that live there, but for fishers, too.  Everything, from hand-line fishing to lay net to limu and opihi picking, suffers when the ocean is damaged.

Now, there is no federal law protecting Native Hawaiian fishers -- there probably should be. BUT! There is a law protecting endangered species and their habitat. Using this law, Hawaii’s oceans can be protected for both seals and subsistence fishers.

With expanded critical habitat protection in place, the federal government will have to think before it acts when it comes to decisions that could affect the ocean.  This does not mean that nothing would ever be built near the shore or in the ocean, but it does mean the proponent of the project would have to show their project would not undermine the health of the protected habitat.  That means no industrial aquaculture operations... or hotels... or contaminated run-off... or any other action that needs a permit would be allowed if it undermines protected habitat.  This is a good thing -- it saves the ocean for the seal... and the fisher.  If we had been making decisions this way all along, we may not be in the crisis we find ourselves in today.

By requiring the federal government to think before it acts, critical habitat protections for monk seals will help perpetuate traditional subsistence lifestyles in Hawaii.  It will ensure that the ocean resources that both humans and monk seals rely on will be protected from potentially damaging projects -- like federally funded highways or ocean-based energy production projects.  (Because, seriously, can you call it “sustainable energy” if it destroys life on earth?)

Yes, monk seals compete with fishers for their catch -- just like every other predator in the ocean: sharks, seabirds, dolphins.   Fishers have been coping and out-witting competing wildlife forever.  It’s a challenge that cannot be understated -- and gives all the more reason to honor the skill of traditional fishers.  But, the fact that monk seals also eat fish, however, is not a reason to hasten their extinction from earth.  The fate of the seal is the fate of the native fisher.  We should band together to save them both.

Here are some stories that I think offer a pretty fair presentation of the issue:

Hawai`i's Mystery: Who's killing monk seals?

Groups offer $30,000 to solve monk seal killings

When we talk about the economy of Aloha, think Baby Lū`au. When a baby makes one year—most Hawaiian families make a rather large feast to celebrate this auspicious occasion. At the lū`au everyone eats and celebrates the occasion. Lū`au are more than potluck get-togethers, but rather events where all who come, contribute, eat and celebrate—and the interdependence of the `ohana is renewed—that is how it has been in Hawai`i for a long time.

Lū`au happen all year long, in spite of the fact that state, federal and global statistics all identify Hawaiians as one of the most economically impoverished people in our society. It is nothing short of amazing that Hawaiian families, despite it all, can pull together lū`au throughout the year.

The secret? Aloha. The family gets together, they decide what to serve the people, and then they set off to make it happen. It happens not because we have money to cater the event, but rather because each member of the family sets their intentions to make the celebration happen--each putting their Aloha into action. The idea is not how much each can give but how the gift is given—it is always given in love. So the brothers go fishing, the Aunties gather and make hoi`o and limu salad, the cousins collect kālā for the paper goods, the Uncles get the pig, `opihi, crab and so on and so forth. And, then all is prepared, everyone is fed, and left to enjoy good music, and to celebrate the beauty of life. When we take a small gift given in Aloha we can make big things happen--pretty amazing stuff.

Now, at KAHEA, we are not making baby lū`au, but we do try to allow Aloha to direct everything we do. This should include fundraising. Currently, we have a small group of dedicated staff, interns and volunteers that make all of our work possible. Those who do get paid, do not get paid very much because they believe in what they are doing—the mission of KAHEA, moving for a more beautiful, clean, healthful, sustainable and just Hawai`i.

Like people and organizations throughout Hawai`i, KAHEA continues to face difficult financial times, while continuing to work our hardest to make sure our keiki have a more beautiful and sustainable Hawai`i.

If we took the lessons of the baby lū`au and applied the economy of Aloha principle to KAHEA, then it stands to reason that if each and every member of the `Ohana gave what they could, we could fund the work of KAHEA.

Here’s an example: KAHEA currently has about 12,000 who participate in action alerts to protect the `āina. If every one of KAHEA's action alert members gave $1 a month (just a dalla!), all of KAHEA'’s base monthly expenses would be covered.

Imagine what we could do with $2... or $5 a month!

We now have a way for you to automate such a  monthly donation without having to remember to give every month, click here to see how easy it is!

I and my fellow board members are putting our dallas on the table and asking the KAHEA hui of friends and family to also consider joining us in this fundraising campaign to bring forth a new kind of economy--the economy of Aloha!  Click here to join us!

The work at KAHEA is critical to the future we want for Hawai`i nei--and for our `ōpio, keiki, kamali`i. It cannot happen without all of us contributing some of our time, talents, voice, and, yes, dallas, to the effort. Aloha makes big things happen.

Mahalo pumehana for your support this year. We wish you and all a joyous holiday season.

Me ka ha`aha`a,
Kealoha Pisciotta

Welina mai,
This year for the cover of our makahiki card we wanted to highlight some of the partners we are so blessed to work with all throughout the year.  From the rich community in Wai`anae to the spiritual base that is Mauna Kea, we are so grateful for the many connections we’ve made over the years.

This year has been one marked with great success and great challenge, not only for KAHEA, but the world at large. There have been people’s revolutions across the world in Libya, Egypt, and now the United States -- speaking truth to power, demanding more compassionate government. At the same time we’re hearing stories of economic depravity and continued threats to our precious and sacred natural resources--it is all connected.

At KAHEA, it has been a year of big wins--we won at the Land Use Commission, saving 96 acres of Wai`anae farmland from industrialization (for now).  We successfully completed our first contested case hearing at DLNR -- a huge undertaking -- to uphold the conservation laws that are in place to protect our sacred places (like Mauna Kea) from inappropriate development.

It has been a year of ingenuity, forging new relationships, and hard work. For all the time that goes into carrying out this important mission, there is just as much time dedicated to finding money to fund it. To you, our supporters, we are grateful for your support--for it is you who make this work, and truly this way of life, possible.

Click here to make a one-time donation today, or consider joining our sustaining `ohana to give monthly.

Have a blessed and rejuvenating season,
The Board and Staff of KAHEA

From Marion’s Family:

Aloha kakou,

We want you to know that the memorial celebrating Marion's life will be on 
Monday, December 19,  4:00 p.m.  
Church of the Crossroads (1212 University Ave).

We'll have an open microphone for those who want to share experiences and memories of this amazing woman.

In lieu of flowers, donations in her honor can be made to Hawaii Peoples Fund. 
We look forward to seeing you.

Mahalo nui loa,
Colleen, Cha and Kathleen

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On November 12 Marion Kelly passed away at home. A professor emeritus of Ethnic Studies at UH Manoa, Marion helped to found the department in 1968. Ibrahim Aoude, department chair, wrote:

Marion was a staunch champion of peace and justice for all of humanity. She was a fighter of the first order who never compromised on matters of principle.
Marion conducted numerous cultural histories on Hawaiian land use systems such as fishponds and lo‘i kalo. She made her mark on these places—and the sites and their mana made their mark on her as well.

Marion’s voice was always as strong as her research and she was an unstoppable advocate, especially for Hawaiian sovereignty and self-determination. Her open heart and smiling spirit brought many under her wing as she mentored new generations of students and activists.

Marion Kelly’s 1977 study of Makua Valley was never published; 20 years later I was honored to collaborate with her on a synopsis and update.

Marion Kelly lives in her work and her memory lives in every social and political struggle currently taking place in our Hawai‘i nei.—Aoude

Please, also feel free to share your memories of Marion Kelly here.

--

Here is a great tribute video created by the talented staff at ʻŌiwi TV.

ʻŌiwi TV celebrates the life of noted anthropologist and life-long activist Marion Kelly. As a scholar, Marionʻs work remains an invaluable resource of Hawaiian culture and history, especially her research on the ahupuaʻa system. As an activist, Marion and husband John Kelly, co-founded a grassroots environmental organization in the mid-1960s called Save Our Surf.

Marion is best known for helping create the Ethnic Studies Department at the University of Hawaiʻi at Mānoa, laying the foundation for what is now the Center for Hawaiian Studies.

Tribute to Marion Kelly from Oiwi TV on Vimeo.

From Randy Ching, Sierra Club, O’ahu Group:

We need your help in stopping the proposed D.R. Horton development called Ho`opili.  Please write to the Land Use Commission and/or a letter to the editor (letters@staradvertiser.com).  The Ho`opili case is docket A06-771.  Our case resumes on Thursday, November 17 and 18.  If you could send your message by the 18th, that would  be great.  Here are talking points:

Ho`opili talking points

BACKGROUND
D.R. Horton, based on the mainland, is America’s largest home builder who  wants to build 12,000 homes on 1,500 acres of ag land in Ewa which has been identified as prime land best suited for the production of food, feed, forage and fiber crops by the rating system used for the “Agricultural Lands of Importance to the State of Hawai`i” (ALISH) study.

TALKING POINTS
1.   Ho`opili will put at least 12,000 more cars on the already very congested freeway adding at least a half an hour each way. Studies show that most freeway cross-streets will be Level of Service F, the lowest rating. Traffic will be at a standstill.
2.  Because of the warm air, plentiful sunshine, sufficient clean water, and good drainage, this ag land can produce 4 crops in a year, compared to one crop a year in most places in the world.   It is also close to markets.
3.  This farmland produces almost 80% of the locally produced pumpkin and Kobacha squash, 98% of honeydew melon, over 75% of sweet corn,  41.67% of broccoli, 48.88% of the green beans, 40% of the Romain lettuce, 47.34% of the zucchini, and 70.96% of the cantaloupe produced locally.
4.  Once good productive farmland is covered over for houses, it is lost forever.
5.  Food grown here is fresher and retains more of its nutritional value than imported food.
6.  We need food grown on Oahu to help ensure food security because we only produce 15% of our own food and have only a week’s supply of food to sustain us should imports cease arrive at our shores.
7.  Zoning is in place for over 30,000 new homes in Ewa, so why aren’t they being built first? Why the rush to convert this prime ag land into urban uses?
8.  If one of the goals of the Hawai`i 2050 Sustainability Plan is to “Increase production and consumption of local foods and products, particularly agricultural products” how can we reach that goal if all our ag land keeps getting paved over?
9.  For Hawai`i ( Oahu ) to be truly sustainable, government must lead and set an example. Preserving and protecting Hawaii ’s lands and encouraging those uses to which lands are best suited is the Land Use Commission’s responsibility.

I just wanted to give a brief update on how the Mauna Kea case oral arguments presented before the Intermediate Court of the Appeals (ICA) went on Wednesday. I wanted also to take this opportunity to thank all of the supporters, those that could attend the hearings as well as those holding the vigils and prayers for Mauna Kea and Marti too.

For context, this case focused on the University’s management plan for Mauna Kea.  Back in April 2009, the BLNR approved the University's management plan for Mauna Kea.  The hui requested a contested case hearing on the plan, but the BLNR denied it.  So, the hui appealed to the courts.  Two years and two courts later, the appellate court heard oral arguments on our appeal.

The oral arguments were really unexpected.  We learned of the University's request to present oral arguments only a short time ago and often these kinds of cases have no oral argument at all. So it began when Marti made the decision to go forth to represent the Mauna Kea Hui, in lieu of our previous counsel whom has since left the private practice of law. Marti's decision was a tremendous commitment with an amazingly high learning curve. Amazing also because this case would, in fact, be Marti's first case in a formal court of law. Akua just sent her right up there into the ICA and Marti accepted that mission.

So the short answer on the question of how the hearing went, would be, the hearing went very well. Marti did such an incredible job of arguing the merits and intricacies of this particular Mauna Kea case. Click here to hear the whole argument on the ICA’s website.

The final decision, now remains in the hands of the Honorable Judges presiding over the ICA. We have no idea how the Judges will rule, however, we have faith in the power of justice and most importantly in the power of Akua!

In the mean time we continue on with our other Mauna Kea case: the Contested Case Hearing on the TMT.  We are preparing our Proposed Findings of Facts, Conclusions of Law, Decision and Order, which are due on November 17, 2011.

We will keep you updated on the progress of the Mauna Kea Cases as they continue.

Aloha and Mahalo Marti, please know that you made us very proud!!!

Again, Aloha and Mahalo to all of you for your loving support! Please help us to keep the prayers of Aloha strong!  If you would like to donate to the effort to protect Mauna Kea, please send donations to KAHEA for the “Mauna Kea Legal Defense Fund.”  We need toner, paper, and binders, as well as money for staff and rent.

Aloha no,

Kealoha Pisciotta