Action Alert: Help Us to Oppose Office of Mauna Kea Management Proposed Rules
Mauna Kea needs our help. The University of Hawai‘i Office of Mauna Kea Management (OMKM) has proposed rules restricting access and use of Mauna Kea summit lands and a vague permitting system for the access that it does allow. The current proposal would ban being on the mauna at night without a special permit -- making it harder for the practice of traditional celestial observations to continue. Violating this and other rules could result in a fine as high as $2500! They even attempt to ban non-emergency cellphone and flashlight use out of concern for the astronomical activities taking place there. These are some examples of absurd rules that are being proposed, but there are others, while more mundane that pose even more of a threat to fair and good management of Mauna Kea. For example, they are proposing that the UH President (and their designee) be allowed to single-handedly grant or withhold permits. That is too much power concentrated at the top!
You can read the full draft here or check out this summary from a kiaʻi in Colorado, Brandy Toelupe, who went through and pulled out the main points. She even includes a helpful executive summary at the beginning. Mahalo nui Brandy for this quick(er) reference! :)
All comments must be submitted by September 28, at 7:30 pm. You can submit via email to uhhar@hawaii.edu or attend one of the hearings in person.
- Monday, September 24, 2018, 5:00 p.m. to 7:00 p.m., Sullivan Conference Center, University of Hawai‘i Cancer Center, 701 Ilalo Street, Honolulu, Hawai‘i 96813
- Tuesday, September 25, 2018, 5:00 p.m. to 7:00 p.m., ‘Imiloa Astronomy Center of Hawai‘i, 600 ‘Imiloa Place, Hilo, Hawai‘i 96720
- Wednesday, September 26, 2018, 6:15 p.m. to 8:15 p.m., Waikoloa Elementary and Middle School, 68-1730 Ho‘oko Street, Waikoloa, Hawai‘i 96738
- Friday, September 28, 2018, 5:30 p.m. to 7:30 p.m., ‘Ike Le‘a (Room 144), University of Hawai‘i Maui College, 310 West Ka‘ahumanu Avenue, Kahului, Hawai‘i 96732
Background on OMKM rulemaking
In 1998, the State Auditor recommended empowering UH to make rules to rectify management issues on Mauna Kea lands. In its 2005 follow-up audit, the Auditor traced some of UH’s management failures to their lack of rules. In 2009, the legislature passed Act 132, which granted UH authority to adopt rules “relating to public and commercial activities permitted or occurring on the Mauna Kea lands.” The legislature found rules were necessary to protect cultural and natural resources and to ensure public health and safety.
In 2011, UH drafted rules that were unacceptable (see OHA comments). In 2015, UH attempted to enforce “emergency rules” that were transparently directed against the kia‘i of Mauna Kea, resulting in 15 arrests and 6 citations. The Flores-Case ‘Ohana successfully challenged the emergency rules in court and Judge Ibarra ruled them invalid.
In June 2018, despite strong public opposition and the misgivings of its owns members, the UH Board of Regents authorized OMKM to move forward with the formal process to create rules governing Mauna Kea summit lands. Many of the Regents reasoned that the public vetting process would fix issues with the rules. And that is just what weʻre now attempting to do.
Things you can do:
- Attend a hearing in person
- Submit written comments to uhhar@hawaii.edu by Friday, September 28, 2018, at 7:30 pm (one of the notices said midnight, but to be safe, aim for 7:30 pm)
- Both KAHEA and OHA submitted comments on these draft rules in June, saying that it was not the right time to begin this formal process, but the UH Board of Regents decided to move forward anyway. Check out OHAʻs comments and KAHEAʻs comments as sample testimony to get you started.
- Link to this page on social media to get friends and family to do the same!
- Donate now to help us continue this work
