Blog
News, updates, finds, stories, and tidbits from staff and community members at KAHEA. Got something to share? Email us at: kahea-alliance@hawaii.rr.com.
Farms, Not Dumps for Wai'anae Coast
Today, despite overwhelming community support for protecting local farm lands, developers are pushing Honolulu Councilmembers to approve a “purple spot,” a new industrial zone in the middle of green Lualualei Valley on the Waianae Coast.
Update: Conservation Rules Rollbacks
Mahalo to EVERYONE who came out to make their voice heard on proposed changes to rules governing conservation and coastal lands in Hawai`i.
On relatively short notice, nearly 700 individuals and 34 organizations representing thousands more put down their name to tell the Lingle Administration and DLNR, “Hey, not so fast!” on these proposed rules rollbacks.
As you know, the proposed rollbacks affect over 2 million acres of lands, 51% of the “ceded” lands trust, as well as all public trust waters, reefs and ocean in Hawai’i nei.
Now, a new version of the proposed rules has just been released. Thanks to you — and your attendance at the hearings, your written comments, and your letters to the editor — we are at least seeing a final draft of the proposed rules with more than six days’ notice. (Six days is all that is required!) MAHALO!!!
It looks like the final rules will be heard and voted on by the Land Board in November (either Nov. 12th or 22nd). You can find the final draft of the rules and a general letter from Sam Lemmo here: http://hawaii.gov/dlnr/occl/documents-forms/proposed-13-5-amendments
We are continuing to analyze this final draft, but on first read, it looks like many of the most dangerous proposals have been taken out. This would not have been possible without so many coming to the table to take collective action in defense of conservation lands in Hawai’i nei.
That said, there is still work to be done! We continue to have serious concerns about some of the rollbacks being proposed and strongly believe that the process for these rule changes has been improperly rushed. It is important that we continue to make our voices heard.
As soon as we know the date and time of the hearing, we’ll let you know.
What can you do in the mean time? Please tell your family and friends about this issue and ask them to click-and-send testimony to the Land Board.
More resources:
- Action Page on the KAHEA website – http://salsa.democracyinaction.org/o/2699/p/dia/action/public/?action_KEY=4660
- Great piece in the Honolulu Weekly by Rob Parsons – Read “DLNRn’t“
- Op-ed in the Star-Advertiser by Jon Osorio and Vicky Holt-Takamine – Read Op-ed
- Fact Sheet: http://tiny.cc/conservationlands
If you’ve ever been witness to a bulldozer in a wahi pana, or seen a poorly planned and damaging development, you know why these kinds of protections are so important! Please take the time to ask your friends and family to stand with you in defense of our conservation districts. Mahalo for making a difference for Hawai’i nei!
Stop OCCL Rule Changes
The time has come. Time to send in your written comments on the overhaul of our conservation district regulations. In the waning days of the Lingle Administration, DLNR is proposing major changes to the rules protecting Hawai’i's conservation districts.
We know these kinds of regulatory changes aren’t super exciting, but if you’ve ever seen a bulldozer in a wahi pana, you know why these decisions are so important. Take action right now and help to protect the places you love throughout the Hawaiian Islands.
Laughable public process: changes to conservation protections
Hearings officer Sam Lemmo, the administrator for OCCL, made a point of assuring the room that the final regulations would definitely be different from what we are seeing tonight based on all of the great input they had been getting. (Did you just feel that gentle pat on the top of your head? I did.)
We pressed Sam on when we might actually see the final regulations. Generally speaking, the agenda for the Board of Land and Natural Resources is posted a mere six-days before the Board decides an issue. Will we only get six days to review the final version of the rules that are supposed to be protecting our conservation lands for at least the next 15 years?
In response, Sam chuckled and said “good question.” The audience laughed. I laughed, too — because what do you do when someone laughs in your face? Despite all the laughter it was a sad moment.
It is sad when regulations as important as these are given but the bare minimum of study and public process. We are talking about 2 million acres of conservation lands — our watersheds, nearshore waters… the important places. Conservation lands are 51% of the crown and government lands that are supposed to be held in the “ceded” lands trust for Native Hawaiians and the people of Hawaii — we have an obligation to protect these assets.
From what I hear from the old-timers, when these rules were changed 15 years ago, there was a public blue ribbon panel convened to advise the division on improving the regulations. Today, DLNR is unilaterally proposing major revisions. What gives? Where is the expert panel? The thoughtful study? The reasoned assessment?
In response to my quote on the need for “a blue ribbon panel” in the Star-Advertiser on Thursday, several insiders came forward at the hearing to thank Sam for DLNR’s history of work on these rule changes that were, in their words, “a long-time coming.” So long in coming, in fact, that the public just heard about them. These rules saw the first light of day in July and are expected to be approved before December. Coincidentally, that’s right before the Lingle Administration leaves office. Feels more like a 50-yard dash than a “long-time coming” to me.
Both in and out of public hearings, we have heard Sam say, at least 20 times (no exaggeration, I seriously counted), “Good question, that wasn’t what I intended” in response to questions and concerns about the staff’s proposed changes. I don’t know about you guys, but if what I write down isn’t what I meant to say, its usually because I was in a rush and didn’t take the time to think about the implications… welll… that kind of pondering is exactly what we need right now.
Good changes, bad changes, the bottom line is these changes need more thought. We should not let the timeline for the end of an administration drive the schedule for amending some of the most important protections in our islands.
Want to feel like you were there? Here is a link to notes from the Honolulu public hearing on August 12, 2010.
Want to participate in the process? Sign up for KAHEA’s action alert network, later this week we’ll send out an easy-to-use comment form by email.
Collaborate Much?
We’re liking this thought-proving post from journalist Anne Minard, on the “next great telescope race”–Day 14 of her “100 Days of Science.” She asks some great questions about the fundamental purpose of the two U.S. proposals for “next generation” giant land-based telescopes being proposed for construction within the next 10 years. Do we really need THIS much telescope, guys?
Charles Alcock, director of the Harvard-Smithsonian Center for Astrophysics, acknowledged that the two telescopes are headed toward redundancy. The main differences, he said, are in the engineering.
He said the next generation of telescopes is crucial for forward progress in 21st Century astronomy.
“The goal is to start discovering and characterizing planets that might harbor life,” he said. “It’s very clear that we’re going to need the next generation of telescopes to do that.”
And far from being a competition, the real race is to contribute to science, said Charles Blue, a TMT spokesman.
“All next generation observatories would really like to be up and running as soon as possible to meet the scientific demand,” he said.
But when I asked him why the United States teams haven’t pooled their expertise to build a single next-generation telescope, Blue declined to comment.
In all, there are actually three teams (two from the U.S., and one from Europe) racing to build the first of these giant land-based telescopes: Extremely Large Telescope (Europe), TMT (U.S.), and Giant Magellan Telescope (U.S.). (And no, we’re not making these names up… in almost every description we could find, these bad boys are characterized first and foremost by their massive size.) The total estimated price tag for all this summit development? $2.6 billion dollars.
In the midst of this competition to build the first and the largest, the worldwide community of those who share aloha for sacred summits are humbly asking: for time and real consideration for native ecosystems, threatened endemic species, the cultural meaning of sacred space, cultural practice, and the natural and cultural heritage we have to pass forward to next generations… all in short supply on earth today. Can we not rationally slow down this latest race for space, in the interest of the future of life on our own planet?
Pushing for the protections monk seals (and humans) need
From Marti:
Like a glove across the face, KAHEA and the Center for Biological Diversity sent a Notice of Intent to Sue yesterday warning federal regulators to expedite the critical habitat designation for Hawaiian monk seals… or else. Critical habitat is the backbone of the Endangered Species Act. It is the mechanism for shepherding species back from the verge of extinction. Over two years ago, we petitioned the National Marine Fisheries Service to expand the critical habitat designation for the highly endangered Hawaiian monk seal. And NMFS agreed the seal needed more habitat to thrive. Yet, more than a year since they agreed with us, NMFS is not any closer to protecting vitally important nearshore areas and deepwater foraging grounds for the seal.
Not surprising, in that year, Hawaiian monk seals have only slipped closer to extinction with a 4% annual decline. In 2009, monk seals had the lowest pupping rate in the past 10 years, with every location in the Northwestern Hawaiian Islands experiencing declines. In 2009, only 119 seal pups were born in the Northwestern Hawaiian Islands, compared with 138 in 2008. But in the Main Hawaiian Islands, birth rates seem more promising with 15 monk seal pups born including six pups on Moloka’i, five on Kaua’i, and two each on O’ahu and Maui. The federal government must act now to update the current protections for Hawaiian monk seals to ensure deepwater foraging areas of the NWHI are protected, as well as the areas being re-populated in the main islands.
Protecting this habitat for monk seals will also protect these areas for humans, too. Subsistence fishers and monk seals benefit from the same protections — where monk seals are protected, shoreline and nearshore non-commercial fishers are also protected. By expanding critical habitat for monk seals, we can ensure subsistence fishing grounds are not built over by hotels, highways, and industrial fish farms.
Mauna Kea Update: Appeal before the ICA
From Marti:
Yesterday, the Mauna Kea hui (Mauna Kea Anaina Hou, Royal Order of Kamehameha I, Sierra Club, KAHEA, and Clarence Kukauakahi Ching) filed the opening brief in our appeal to the Intermediate Court of Appeals challenging the Comprehensive Management Plan (CMP) for Mauna Kea. The Circuit Court had denied our case on the theory that the CMP didn’t actually do anything to affect the summit.
If the CMP doesn’t do anything to affect the summit, then how can the University of Hawaii proceed with its proposal to build the Thirty Meter Telescope? Answer: they can’t.
The University of Hawaii — the sole creator, proponent and implementer of the CMP — simply can’t have it both ways. Either the CMP meets the legal requirements for construction in a conservation district and therefore does “something”… a “something” for which rightholders like the Mauna Kea hui can ask a court review. OR… the CMP doesn’t actually do anything, and therefore doesn’t meet the pre-requisite that a conservation district have comprehensive management before anything is built there … thus prohibiting the construction of a new massive telescope.
Here is the introduction to the hui’s opening brief:
This case is about the Board of Land and Natural Resources’ (“BLNR”) preferential treatment of the University of Hawai‘i’s astronomy program and its complete disregard for the protected rights of Native Hawaiian and other users of the summit of Mauna Kea. On its face, the University of Hawai‘i’s Mauna Kea Comprehensive Management Plan (“CMP”) purports to broadly and actively regulate all uses of the Conservation District of Mauna Kea’s summit, including the religious, cultural, and recreational activities of the Mauna Kea Appellants. But the BLNR chose to completely ignore the CMP’s impact on Mauna Kea Appellants’ rights, duties and privileges. Contrary to its obligations under Hawai‘i Revised Statutes (“HRS”) Chapter 91 and Department of Land and Natural Resources (“DLNR”) regulations, (Hawai‘i Administration Rules (“H.A.R.”) §§ 13-1-28 – 13-1-40), the BLNR issued its final decision to approve the CMP without holding a full and formal contested case proceeding. Record on Appeal, 2009 (“ROA-2009″) at 20-27.
The Mauna Kea Appellants appealed the BLNR’s final decisions to the Third Circuit Court of Hawai‘i (“Circuit Court”). ROA-2009 at 1-15. Appellees BLNR and the UH entities refused to transmit the administrative record to the Circuit Court and instead filed a Motion to Dismiss the appeal. ROA-2009 at 254-265, 268-282. Incredibly, the Circuit Court determined, without ever reviewing the CMP or the rest of the administrative record, that the CMP was a harmless “unimplemented” document and dismissed the appeal for lack of jurisdiction. ROA-2009 at 369-372; Record on Appeal, 2010 (“ROA-2010″) at 1-9.
The Mauna Kea Appellants respectfully request that this Court reverse the Circuit Court’s order and remand this case to the Circuit Court: (1) with a finding that the Circuit Court has jurisdiction, under HRS § 91-14 and/or H.A.R. § 13-5-3 to review Appellants’ appeal from the BLNR’s final decisions; or, alternatively, (2) with a finding that the Circuit Court misapplied the standard of review for a motion to dismiss for lack of subject matter jurisdiction, particularly where the issue of subject matter jurisdiction is intertwined with the merits of the Appellants’ appeal.
In other words, please give the Mauna Kea hui its day in court. Here is a link to the full opening brief.
Big mahalo to our attorneys, Colin Yost and Elizabeth Dunne, for working so hard on our behalf.
