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From Alan Murakami of the Native Hawaiian Legal Corporation, on behalf of East Maui Taro farmers and Na Moku Aupuni O ko`olau Hui:

Background. The law provides for various appropriate remedies for dealing with and managing serious conflicts over uses of stream water. The biggest conflicts over stream water uses have festered for years because of the massive diversions of East Maui streams by East Maui Irrigation Company for decades. EMI diverts as much water for its plantation uses in central Maui as the average amount that all of O`ahu consumes. The biggest conflict involves the water EMI is taking illegally from streams that feed taro patches and support native stream life vital to the preservation of Hawaiian traditional and customary practices in the cultural landscapes of Wailuanui and Honopou Valleys.

State Agency Delays. After 7 years of patiently waiting for the implementation of the appropriate administrative remedies theoretically available to it, Na Moku Aupuni O Ko`olau Hui’s leadership has been repeatedly frustrated by the inaction of both the Board of Land and Natural Resources and the Commission on Water Resources Management in performing its public trust functions designed to protect the public interest and the water rights of East Maui taro farmers and subsistence gatherers.

Those functions are based on the presumption that these agencies will respect and enforce clear law on water rights held by these farmers and gatherers, which are explicitly protected by the Hawai`i Constitution, the state Water Code, and a long line of water case law. These laws not only respect these practices of these cultural practitioners, but provide the basis for demanding that EMI demonstrate the ABSENCE of injury to these practitioners BEFORE diversions are allowed. Despite holding all the legal advantages of these laws, the BLNR and the Water Commission have delayed, without explanation or justification, the timely implementation of these laws, leading to chronic and severe cultural and monetary damages amongst farmers and gatherers trying to enforce their rights.

Frustration. For example, the CWRM has, without explanation or legal justification, delayed action on Na Moku’s pending request to restore stream flows to support constitutionally protected water rights of taro farmers and subsistence gatherers since 2001, although the governing statute demands action within 6 months. Similarly, like its sister agency, the BLNR has allowed EMI to continue diversions from East Maui without regard for these same farmers and gatherers, even after a year since it supposedly acted to direct its staff to protect the water rights of those affected. The DLNR has failed to fully implement the year-old order of the BLNR, which was designed to provide farmers immediate interim relief from the effects of the existing EMI diversions.

Self Help. On July 9, 2008, taro farmers observing water being improperly diverted from Wailuanui Stream unilaterally released water from EMI diversions. The affected practitioners could not wait any longer, having suffered failed taro crops due to insufficient irrigation water, while EMI diversions took the water that would have savedand supported their crops. This exercise of their constitutional rights did not follow the procedure outlined in either agency’s timetable for action.

Nevertheless, the releases from EMI’s diversion works are entirely consistent with the continuation of traditional and customary practices followed by their ancestors for growing taro and gathering from the streams. It is just that the BLNR and CWRM did not, and apparently chose not to, promptly protect the superior water rights of these practitioners as the law would otherwise require. Their failure to timely implement the law directly resulted in the level of frustration felt by all practitioners in East Maui who have attempted to patiently wait for the water to which they are entitled in the affected streams.

Na Moku position. The taro farmers and subsistence gatherers who took this unprecedented action in the midst of the delayed proceedings did so without prior approval of Na Moku. Na Moku has continued to make itself available to state agencies, in all available administrative processes, in efforts to seek the orderly restoration of streams illegally diverted by EMI. However, it cannot and does not condemn the unilateral releases of water into the streams last week by taro farmers frustrated by long, and unexplained, delays by state agencies. After all, tenants of an ahupua`a do have the reasonable right to access areas within the same ahupua`a to continue their traditional and customary practices, including taro growing and subsistence gathering.

Na Moku affirms its belief that these releases reflect the reasonable and overdue exercise of these rights, protected under the Hawai`i Constitution, statutes, and case law, with which responsible state agencies cannot and should not interfere. This responsibility for this resort to self help rests entirely with the BLNR/DLNR and the CWRM. Na Moku and the taro farmers who are now acting are all frustrated by these agencies failure to act timely enough to save their taro crops. Moreover, successful taro farmers contribute heavily to enhancing Hawai`i’s food supply, its food security and long-term sustainability. Each agency should not exacerbate building tensions by any heavy-handed means to reacting to these farmer actions. The farmers are only reacting to belated processes each agency has not timely nor properly implemented.

In the spirit of moving forward in this unprecedented circumstance, Na Moku stands ready to cooperate with the CWRM and the BLNR/DLNR to continue any reasonably prompt process to assure that the rights of its members are respected and timely enforced.

“Waiki`i Ranch Dust Samples Show No Depleted Uranium” is apparently receiving a skeptical response from local and international scientific experts, according to our friends at Malu `Aina on Hawai`i Island.

The report posted a “statistically insignificant” amount of depleted uranium (DU) in the community of Waiki`i, 8 – 10 miles downwind of Pohakuloa Training Area (PTA), where the Army admitted in 2006 to using DU spotting rounds for its Davy Crockett nuclear weapons system. The test is based on a sample taken by Waiki`i Ranch Depleted Uranium Project Manager, David Bigelow, and sent to a laboratory in England for analysis.

From Malu `Aina guys:

Dr.Rosalie Bertell, PhD, remarks that the lab report “actually says that there IS DU in the sample. There should be zero. It is irrelevant that it is ‘not significant.’” Dr. Bertell — who has been honored by the U.N.as a statisticisn, epidemiologist, and member of the Science Advisory Board, International Joint Commission of the U. S. and Canada — goes on to say: “What you really want to know is whether or not the uranium found in the sample has been fired. This means electron spectroscopy.” Dr. Pang is also skeptical about the term “statiscally insignificant.” He claims that the laboratory’s reading of 1/100 DU, allowing for a measurement error of 1%, could mean the presence of 2% DU in the sample instead of its “zero” interpretation.

Dr. Lorrin Pang, MD, MPH, comments: “it is hard to do statistics with a sample of one,” referring to the single dustpan sample depicted on the front page of the newspaper’s July 22 issue. Dr. Pang, speaking as private citizen, is retired from the Army Medical Corps, is on the Best Doctors of America list 2006-8, and a consultant to the World Health organization (WHO) since 1985. Russell Takata, state radiation chief, is also on record as questioning WRHOA’s methodology.

To label tests a “bust” and conclude that “preliminary results find no health hazard” is simply not supported by fact. Closer to the truth is that we have been told little or nothing about whatever tests may have been conducted by the state or federal governments. Mr Takata refers to “preliminary reviews of about 90% of test results” but gives no data. What about the other 10%? The Army allegedly tested 800 dust samples, but these results have yet to be made available to the state or the public. All of this adds up to sweeping claims of safety, while providing no hard data to back them up. This has been a repeated pattern over the past several years: claims but no data.

The Hawaii County Council by a vote of 8-1 on July 2nd, passed resolution 639-08, calling for the halting of all live-fire that could spread military radiation and independent, comprehensive, testing

Our friends at Malama Kaua`i, today on the radio:

Join hosts Andrea Brower and Keone Kealoha as we discuss the sources of our food and how it gets into our kitchens with author Ann Vileisis joining us by phone. Ann has written an extraordinary book on the last 200 years of food history in the United States, titled Kitchen Literacy. She starts with a simple meal and its context from 1796 and leads us through the next 200 years of change. She illuminates the impact of urbanization, immigration, industrialization (both in the larger sense and in the context of food systems). . KKCR can be found at 91.9 FM or online at www.KKCR.org.

The military finally admitted in 2006 that depleted uranium (DU) spotting rounds for the Davy Crockett nuclear weapon system have been used at Schofield Barracks, the Pohakuloa Training Area, and possibly Makua Valley between 1962 and 1968.

The Army long denied ever using DU in Hawai‘i; reassuring residents in countless public hearings and environmental impact statements that “a records search for depleted uranium rounds was conducted and determined that these types of munitions were never part of the Army’s inventory in Hawai‘i… .”

The U.S. military has an obligation to be candid with the public about its activities in Hawaii because they have far-reaching implications for our health and welfare. The people of Hawaii will be left to suffer the consequences of U.S. military activities long after they have moved on to other fronts. That is why we must be vigilant and demand answers to our questions: Have other DU spotting rounds and the more hazardous DU armor penetrating rounds been used as well? What don’t we know about existing military contamination? What should we know before we even begin to consider pending expansion of live fire activities?

From friends on the Big Island:
The Hawaii County Council will be hearing Resolution 639-08 Urging the U.S. Military to address the hazards of depleted uranium (DU) at the Pohakuloa Training Area (PTA). The hearing is set for Wednesday, July 2nd 8:30 AM at the Council room on the 2nd floor of the Hilo Ben Franklin building.

You can support by submitting this letter to all Hawaii County council members, urging their support of resolution 639-08.

A growing number of people feel it is time to stop all live-fire and shut down PTA and get to the root of the problem. Stopping all live-fire at PTA is a key public safety and environmental conservation issue. Any live-fire training increases the risk of spreading the radiation contamination. There needs to be a thorough independent assessment and clean-up of the existing contamination before live-fire training can even be considered!

Unfortunately, Council Chair Pete Hoffmann has already prepared an amendment to delete the call for a complete halt to all live firing at PTA which is the heart of the matter. Don’t let this happen!

“… Just as smoking affects the primary user as well as those inhaling second hand smoke, the airborne products of DU burning remain suspended for long periods and travel great distances in the atmosphere. We do not know all the toxicity of the airborne DU products (nano-toxicity) but some forms (DU oxides) we do know can persist in the body for decades. When internalized DU emits the most dangerous type of radiation, alpha radiation. Animals with implanted alpha emitters have shown high cancer rates and birth defects – which can pass on to subsequent, UNEXPOSED generations.

- Lorrin Pang, MD, MPH (speaking as a private citizen). Dr. Pang was born and raised in Hawaii, and is Retired Army Medical Corp, Best Doctors of America list 2006-8, Consultant to the World Health organization (WHO) since 1986, Consultant Glaxo Smith Kline

Since the announcement late last week about the attempt to corrupt and co-opt traditional farmers’ attempt to secure a simple 10-year moratorium on GMO taro, we’ve heard your outrage! Many of you have written to ask for details about the vote. You’re getting ready to plant your vote, and you’re taking names!

NINE Ayes (Voted pro-GMO in favor of amendments)
Rep. Clift Tsuji, Committee Chair (South Hilo to Kurtistown, Big Island) reptsuji@Capitol.hawaii.gov
Rep. Tom Brower (Waikiki/Alamoana, Oahu) repbrower@Capitol.hawaii.gov
Rep. Jerry L. Chang (Keaukaha to South Hilo, Big Island) repchang@Capitol.hawaii.gov
Rep. Robert Herkes (Puna to Kona, Big Island) repherkes@Capitol.hawaii.gov
Rep. Joey Manahan (Sand Island, Mokuea, Kalihi Kai, Kapalama, Oahu) repmanahan@Capitol.hawaii.gov
Rep. Ryan I. Yamane (Waipahu/Mililani, Oahu) repyamane@Capitol.hawaii.gov
Rep. Kyle T. Yamashita (Pukalani to Ulupalakua, Maui) repyamashita@Capitol.hawaii.gov

TWO Ayes with reservations
Rep. Glenn Wakai (Moanalua to Salt Lake, Oahu) repwakai@Capitol.hawaii.gov
Rep. Corinne Ching (Nuuanu/Alewa Heights, Oahu) repching@Capitol.hawaii.gov

THREE Nos (Voted in support for true protection of Haloa)
Rep. Lyla Berg (Kahala to Hahaione, Oahu) repberg@Capitol.hawaii.gov
Rep. Faye P. Hanohano (Puna to Pahoa, Big Island) rephanohano@Capitol.hawaii.gov
Rep. Colleen Rose Meyer (Kaneohe to Laie, Oahu) repmeyer@Capitol.hawaii.gov

The “poison pill” amendments prohibit any future moratoriums on any GMO, even at the county level. At the same time, these legislators reduced the moratorium to 5 years and limited the protected taro plants to the Hawaiian varieties only. Read the amendments:
http://www.capitol.hawaii.gov/session2008/CommReports/SB958_HD2_HSCR1769-08_.htm

WHAT YOU CAN DO

Call Your Representatives:
http://www.capitol.hawaii.gov/site1/house/members/members.asp

Call Your Senators:
http://www.capitol.hawaii.gov/site1/senate/members/members.asp

You can also copy and paste the email addresses below, to email all of them:

reps@Capitol.hawaii.gov, repawana@Capitol.hawaii.gov, repbelatti@Capitol.hawaii.gov, repberg@Capitol.hawaii.gov, repbertram@Capitol.hawaii.gov, repbrower@Capitol.hawaii.gov, repcabanilla@Capitol.hawaii.gov, repcaldwell@Capitol.hawaii.gov, repcarroll@Capitol.hawaii.gov, repchang@Capitol.hawaii.gov, repching@Capitol.hawaii.gov, repchong@Capitol.hawaii.gov, repevans@Capitol.hawaii.gov, repfinnegan@Capitol.hawaii.gov, repgreen@Capitol.hawaii.gov, rephanohano@Capitol.hawaii.gov, rephar@Capitol.hawaii.gov, repherkes@Capitol.hawaii.gov, repito@Capitol.hawaii.gov, repkaramatsu@Capitol.hawaii.gov, replee@Capitol.hawaii.gov, repluke@Capitol.hawaii.gov, repmagaoay@Capitol.hawaii.gov, repmanahan@Capitol.hawaii.gov, repmarumoto@Capitol.hawaii.gov, repmckelvey@Capitol.hawaii.gov, repmeyer@Capitol.hawaii.gov, repmizuno@Capitol.hawaii.gov, repmorita@Capitol.hawaii.gov, repnakasone@Capitol.hawaii.gov, repnishimoto@Capitol.hawaii.gov, repboshiro@capitol.hawaii.gov, repmoshiro@Capitol.hawaii.gov, reppine@Capitol.hawaii.gov, reprhoads@Capitol.hawaii.gov, repsagum@Capitol.hawaii.gov, repsaiki@Capitol.hawaii.gov, repsay@Capitol.hawaii.gov, repshimabukuro@Capitol.hawaii.gov, repsonson@Capitol.hawaii.gov, repsouki@Capitol.hawaii.gov, reptakai@Capitol.hawaii.gov, reptakamine@Capitol.hawaii.gov, reptakumi@Capitol.hawaii.gov, repthielen@Capitol.hawaii.gov, reptokioka@Capitol.hawaii.gov, reptsuji@Capitol.hawaii.gov, repwakai@Capitol.hawaii.gov, repward@Capitol.hawaii.gov, repwaters@Capitol.hawaii.gov, repyamane@Capitol.hawaii.gov, repyamashita@Capitol.hawaii.gov, sens@Capitol.hawaii.gov, senbaker@Capitol.hawaii.gov, senbunda@Capitol.hawaii.gov, senchunoakland@Capitol.hawaii.gov, senenglish@Capitol.hawaii.gov, senespero@Capitol.hawaii.gov, senfukunaga@Capitol.hawaii.gov, sengabbard@Capitol.hawaii.gov, senhanabusa@Capitol.hawaii.gov, senhee@Capitol.hawaii.gov, senhemmings@Capitol.hawaii.gov, senhooser@Capitol.hawaii.gov, sendige@Capitol.hawaii.gov, senihara@Capitol.hawaii.gov, seninouye@Capitol.hawaii.gov, senkim@Capitol.hawaii.gov, senkokubun@Capitol.hawaii.gov, senmenor@Capitol.hawaii.gov, sennishihara@Capitol.hawaii.gov, sensakamoto@Capitol.hawaii.gov, senslom@Capitol.hawaii.gov, sentaniguchi@Capitol.hawaii.gov, sentokuda@Capitol.hawaii.gov, sentrimble@Capitol.hawaii.gov, sentsutsui@Capitol.hawaii.gov, senwhalen@Capitol.hawaii.gov

Again, we are NOT giving up. With your help, we are all our telling our elected representatives that Hawaii’s traditional farmers and those who support them KNOW their humble, grassroots efforts have been stolen and co-opted in favor of biotech corporations. We can do better!

Words from Uncle Jerry Konanui on Big Island, on the recent attempt to co-opt SB958 by legislators on the Agriculture Committee:

Aloha mai Kakou,

It is with heavy heart and immense pain that I, Jerry Konanui, a kahu from eight generation of caretakers of our Kupuna Halo our kalo, beg for your assistance.

We have struggled against all obstacles in protecting our Kupuna staying the course of Pono. We have kept to all the concepts of my cherished Hawaiian culture. We carry the Hawaii State motto as a way of life ” Ua Mau Ke Ea O Ka ‘Aina I ka Pono,” the life of the land is perpetuated in righteousness.

We worked within the system been fair and pono. We did what we were asked of us as we felt it is the righteous thing to do. The simple SB958 that we submitted and supported was truly that. There were no hidden agenda, what you read is what you got. We simply asked for more time so that as reasonable people we could all take that time out to work within the system for a just and right solution to our difficult problem, while protecting our Kupuna Haloa.

This amended SB958 gives no protection for our Kupuna Haloa, while we try to come to terms. Instead it contains preempt clauses and other promotional GE items that further silence our questions and takes our rights away. This amended bill is one that all care takers of Haloa can never agree to. This is not a compromise bill–the only winners are those that promote the GMO industry.

Chairman Clift Tsuji and I met afterwards, we shared mana’o. I asked Clift “What is this preempting County stuff doing in our Taro Bill?” He could not explain to me what it was or what it means.

I also asked Chair Tsuji what he meant when he said that GE taro can come in to Hawaii from places outside of Hawaii. Again he could not answer the questions. Chair Tsuji said when the bill comes back from the lawyers, it will be understood.

This inability for Chair Tsuji to explain his modified/amended bill seems to indicate that he just passed a bill through his committee that he really didn’t understand or know what it was about. I ask myself, how is this possible? Where is the fairness that Chairman Tsuji so eloquently spoke of?

All we had asked for was a fair hearing. With about 5,913 (7,000 to date) in support of the Original SB 958 and about 213 in oppose. It seems to me that with those kinds of numbers, the bill would pass, but what an
underhanded thing to do, to change the whole definition of the original bill into a pro-Genetic Engineering bill to put at risk our beloved Kupuna Haloa and to squeeze the life of self-rule out of our County Councils of which Hawaii, Kauai and Maui supported the original SB 958.

The shame is not on the Hawaiian Communities and the Taro growers of Hawaii, who supported the original Bill. Shame on those who have again abused the process and allowed greed to blind the clear thinking for those who were chosen to be the government of the people for the people and not a government for the rich, powerful, and influential.

The system is only as good as the protection it provides for the weakest and needy among us. I beg for all in the big house on the hill to Ku’e and kill this Hewa bill. Do what is right!!!

A humble Lepo Popolo.

Mahalo,

Jerry Konanui, he mahi’ai wau.

Yesterday, in the face of a historic outpouring of support for the genetic integrity of taro, the majority of Agriculture Committee members chose corporate biotech interests over those of Hawai’is’s traditional farmers.

Last month, well over 6,000 people from all corners of our community submitted testimony in support of a 10-year moratorium on the genetic modification of Hawaii’s most traditional and sacred food source, taro. Together, local taro farmers, scientists, professors, doctors, teachers, keiki, produce distributors, and Native Hawaiian cultural practitioners expressed concern about the potential environmental impacts of cross-contamination, unknown health consequences of genetic modification, and the cultural impacts of patenting. In the thousands, they expressed their opposition to the fundamental and irreversible modification of the genes of taro.

YET, in a 9-to-3 vote, the committee amended the bill to prohibit any future moratoriums on any GMO products, even at the county level. At the same time, they reduced the moratorium to 5 years and limited the protected taro plants to the Hawaiian varieties only. Under this amended bill, Haloa will not be protected. Now, other varieties of taro, like bun long, can still be genetically altered and cross-pollinate with the Hawaiian varieties, spreading the genetic alterations. More startling, this bill now also robs local communities of their ability to address GMO concerns in their own neighborhoods.

But we are not giving up.

“They should kill this bill and face the consequences and the wrath of the people. “It’s ridiculous. They don’t want to listen. But this is not the end. This is just the beginning.” – Jerry Konanui, Big Island Taro Farmer

The kuleana to protect elder brother, Haloa, is too important to turn our backs on! We stand with the taro farmers and the thousands of people who voiced uncompromised support for protecting Haloa. There are still four weeks left in the Legislative Session. And anything can happen. Learn more at the website and on the KAHEA blog.

In the meantime, every member of the Agriculture Committee is up for re-election this year. Prepare to plant your vote– Register to vote!

The momentum of this movement is stronger than ever. People all over the islands are now stepping up at the local level, starting campaigns of homegrown resolutions, speaking about this issue to every neighborhood board, at schools, registering voters, and continuing to take action, and to share.

This year could be revolutionary. Deepest mahalos to all who have shown their support and love, and who have taken action. This latest action is simply fuel for our imu! And we hungry!

Learn more:

http://www.hawaiiseed.org/

http://www.kahea.org/gmo

http://www.centerforfoodsafety.org/geneticall7.cfm