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To all our friends who have been working so hard on protections for the endangered Palila bird on the Big Island, thanks for continuing to push for the survival of this species!

http://www.honoluluadvertiser.com/article/20090324/BREAKING01/90324021/-1/RSS01?source=rss_breaking

A court filing yesterday accused the state Department of Land and Natural Resources of failing to fully comply with court orders to protect the critically endangered palila bird on the Big Island.

The DLNR had no immediate response to the filing by Earthjustice.

The environmental law firm, which is representing the Hawaii Audubon Society, the National Audubon Society and the Hawaii chapter of the Sierra Club, said three federal court orders dating to 1979 require the state to keep the bird’s critical habitat atop Mauna Kea clear of feral goats and sheep and mouflon sheep.

Update on press coverage of the Land Board hearings on the Mauna Kea Management Plan:

The Advertiser reprinted Jason Armstrong’s article from yesterday’s HTH today, but omitted Barry Taniguchi’s quote “endorsing” the UH Management Plan:

“We don’t have anything now, and anything is better than nothing, I think,” he said.

Hmmm.

From today’s HTH, on UH’s proposed management plan for Mauna Kea:  http://www.hawaiitribune-herald.com/articles/2009/03/19/local_news/local02.txt

“We don’t have anything now, and anything is better than nothing, I think,” he said.

Could UH’s Barry Taniguchi have given a weaker endorsement of the UH Mauna Kea “management” plan he himself has been lobbying in favoring of?

Forgive us if we continue to believe that Mauna Kea deserves better than a “anything is better than nothing” plan for its future.

The Land Board will hold a two day hearing on April 8 and 9 in Hilo to consider UH’s latest management plan for the summit. The plan is UH’s attempt to circumvent, er… comply with requirements from two losses in court and two state audits which found that the telescope developers violated the state and federal laws meant to protect Mauna Kea. You can ask the Land Board and other decision-makers to reject this false UH plan, and give this sacred summit the future it deserves: a plan which protects and conserves the summit, provides for independent oversight, fair representation for communities, and fair compensation to the people of Hawaii.

The UH plan fails to put any enforceable or numeric limits on telescope development and instead limits public access, dictates religious ceremony, and makes it easier for UH and telescope developers to pocket public money made from the lease of Mauna Kea’s public trust lands. A`ole.

But, it seems, “better than nothing.” Right.

Today is Cross-Over Day at the State Capitol, the half-way point in the legislative process… and the day the overwhelming majority of bills are declared officially dead (until they can be resurrected next session).  Here is a run-down of the bills KAHEA is following that are still alive this session.  Click on the bill numbers to get the latest update on their status.

GOOD BILLS
SB 1088 - Improves enforcement of the public’s right to beach and mauka access by creating a citizen suit provision.  Call Rep. Sharon Har at 808-586-8500 to ask that it be heard before the House Water, Land, and Ocean Committee.

HB 1663/SB 709 - Bans the genetic modification of taro in Hawaii. (Watch these ones closely. Like last year, amendments could turn them against the interests of Haloa, taro farmers, and taro consumers).

SB 701 – Establishes a moratorium on the siting of landfills along the Leeward Coast.  This is an important bill to help protect the public health of Waianae Coast residents, unfortunately it has a lot of hearings to get through. Call Rep. Rita Cabanilla at 808-586-6080 to express your support.

SB 86 – Establishes the Makua Valley Reserve Commission to allow for community involvement in the management of Makua Valley.  This bill also has a lot of hoops to get through.  Call Rep. Ito at 808-586-8470 to advocate for its first hearing.

SB 1199 – Designates certain state waters surrounding the island of Molokai as the Molokai Community-Based Subsistence Fishing Area.  Protecting the health of the shoreline is critical to Molokai’s economy welfare, unfortunately commercial fishers and aquarium collectors want to continue to take from these coffers.  Call Rep. Calvin Say at 808-586-6100 to ensure this bill gets referred to the Water, Land, and Ocean Committee.

BAD BILLS
HB 1174 - Transfers management of the sacred summit of Mauna Kea to the lease-holder/developer, the University of Hawaii.   Public opposition successfully defeated three similar bills earlier this session.  Call Sen. Jill Tokuda at 808-587-7215 to urge this bill not be heard.  Check out our previous posts to learn way this bill is the best way to undermine protections for Mauna Kea.

HB 1226 – Allows federal preemption of all state and local regulations on genetic modification (except taro).  Labelled the Worst Idea of 2009… hopefully it won’t go any farther.

SB 1108 – Extends the effective date of the Aha Kiole Advisory Committee.  Having a community-based system for managing our fragile resources is exactly what Hawaii needs, but without adding any additional safeguards to this existing system means it could be misused again the way WESPAC did last year.

HB 640 – Exempts certain developments affecting public rights-of-way (like trails) from completing an environmental impact statement.  This totally undermines one of the few opportunities for public oversight of construction in Hawaii.  Call Sen. Mike Gabbard at 808-586-6830 to ask it not be heard in the Environment Committee.

SB 1311 – Exempts the University’s Institute of Marine Biology from all permitting requirements for all activities in Kaneohe Bay.  Our nearshore waters are our most valuable resource and the research being conducted in them should meet the highest standards of the precautionary principle to ensure that no harm comes to them.  Help stop this bill by calling Rep. Calvin Say at 808-586-6100 to ask that it not be heard in the House.

HB 1741 – Raids the Natural Area Reserve System fund to make up for part of the budget shortfall.  While the money in this fund is crucial to protecting Hawaii from invasive species, there isn’t nearly enough to make a dent in the budget shortfall.  Instead, the state should make the foreign telescope owners on Mauna Kea pay rent for use of state lands… like the law requires.

HB 1712 – This is the same “Right to Fish” bill from years passed that paralyzes the DLNR from taking any management actions to protect Hawaii’s marine resources.  If we are really interested in protecting our environment, then the goal should be to give DLNR more tools, not less, to do the job and be held accountable.

Mark your calendars: the next major deadline for these bills is April 9th.

If you want to stay involved, you can sign up for KAHEA’s action alert network by clicking here.  You can also get hearing notices on any bill you are concerned about by clicking here.  On Oahu, some hearings are aired live on “Capitol TV,” Olelo channel 53.

3 down, 1 to go! Thanks to the public’s vigilant support and participation SB 502 is officially dead!!  Yay!

SB 502 was one of four bills proposing to transfer management of one of the Pacific’s most unique and sacred summits, Mauna Kea, over to its primary developer–the University of Hawaii.  The University has facilitated forty years of bulldozing for unlimited telescope development on the summit, which has destroyed ecologically unique habitat and desecrated sacred cultural sites.

Just one more bill remains: HB 1741.  With your help, we can stop it.  Express your opposition to this and the whole suite of bad Mauna Kea bills for which UH is lobbyingby submitting your online testimony.  Support Hawaii’s legislators in seeking accountable, transparent, fair and representative management of Mauna Kea’s sacred summit by submitting your testimony: http://salsa.democracyinaction.org/o/2699/campaign.jsp?campaign_KEY=26592

From Marti:

The bill to transfer management of the sacred summit of Mauna Kea to the University of Hawaii passed the state’s House Finance Committee on Tuesday. By the Committee’s own count, 900 people submitted testimony in opposition to the 10 or so in support.  This number is not counting the testimony submitted by a dozen Kanaka Maoli (Native Hawaiian) scholars who signed a joint letter in opposition to the bill, as well as testimony from the Hawaii Sierra Club, the Royal Order of Kamehameha I, and several individual Native Hawaiian cultural practitioners detailing the history of destruction and desecration from the University’s 40 years of telescope construction on the summit.

This bill is extremely dangerous for the future of our sacred summit and all of our conservation lands.  It gives the University – the developer of the summit – control over what happens to the natural and cultural resources of the conservation district that currently protects the entire summit of the mountain, setting a terrible precedent for delegating the state’s conservation responsibilities to developers.

The bill would also allow the University to establish its own private police force on the summit.  These “rangers” do not have the same level of training or authority as the state resource enforcement officers who currently have jurisdiction over the summit.  In fact, these “rangers” themselves have engaged in desecration of cultural sites, interfered with spiritual and religious practice on the summit, and endangered unique, fragile natural resources.

In addition, the bill would allow the University to pocket state money with no oversight by establishing a special fund.  For 40 years, the University has facilitated the theft of state money by foreign telescope owners who construct massive telescope facilities (and all of the gift shops, parking lots, and other support structures that go with them) on state land without paying rent to the state.  In addition, millions in profits is made from the sale of patented information developed on the summit.  Instead of offering to pay some of this back-rent (to help the state avoid drastic budget cuts), the University is proposing to legitimatize this history of theft by establishing a special fund into which revenue from the summit is deposited and from which only the University can withdrawal.

The bill will now move to the state Senate for additional committee hearings.  If you care for the sacred summit of Mauna Kea and the integrity of conservation management in Hawaii, then now is the time to speak up.  For 10 years, the public has asked for the same four things:

1. A legitimate management plan - This is a plan that protects the natural and cultural resources of the summit from unreasonable development. It is prepared and approved by the Board of Land and Natural Resources and accepted by the community.

2. An independent management board – the current set up is a puppet of the University with members chosen and paid by the University.

3. Fair Representation – the independent management board must include Kanaka Maoli and environmental representatives that serve in a meaningful decision-making role beyond just merely “advisory.”

4. Fair Compensation - while no one, but the University, knows for sure how much profit is made off the summit, some estimates put it at $50-60 million a year.  If the telescopes paid just that for the 40 years of back-rent owed to the state, taxpayers would earn $2 billion dollars.

You can help protect Mauna Kea.  Take action now!  Click here and submit a personalized letter to Hawaii’s legislators.

To help inspire you, here are excerpts from a few that have already been sent:

“I strongly oppose the University’s plans for the future of Mauna Kea. Enough is enough. The summit lands are ecologically sensitive and culturally sacred. Expansion of astronomy’s footprint on the mountain should not be an option. If a new telescope is truly needed, dismantle an old one. Mauna Kea should be available to the akua and to the people and to the scientists– in a way that puts pono first. Pono, meaning, in righteous balance for all concerned. You are our elected and appointed representatives, charged with the responsibility to excecute the wishes of the people, the caretakers of this land– not the empowered elite. Mauna Kea Summit is a conservation area and what remains should remain kapu. Protect it.
Mahalo,
Z Johnson
Honokaa, Hawaii“

—-

“Aloha no –
I would like to add my voice to those protesting UH’s plans for the future of Mauna Kea. I am a huge fan of the science that is done in the observatories; however, this MUST be balanced with the rights of Kanaka Ma’oli and the needs of the environment.
Mahalo,
David Edelstein
Seattle, Washington”

—-

“I strongly oppose the University’s plans for the future of Mauna Kea. We should learn from the flaws of past Land Board mismanagement on Mauna Kea, keep the laws that protect Mauna Kea now, and exercise management authority towards the protection and restoration of this “wahi pana”, sacred place.

Mauna Kea is ceded lands. The unrelinquished claims of the rightful beneficiaries have yet to be settled!!!

For these reasons, I urge a strong stand for Mauna Kea. Uphold the protections currently in place, and preserve what is left of Mauna Awakea for it’s sacred purpose. It is our Kuleana – our Responsibility toward Akua (Creator) and the coming generations!!!

Mahalo,
Luana Jones
Pahoa, Hawaii”

—-

“POP DA PIMPLES: BEFORE YOU LOOK INTO SPACE, YOU NEED TO MALAMA THIS PLACE….MAUNA A WAKEA!!!!”

Malama i ka ‘aina a me na kupuna,
Leimomi Wheeler
Kea’au, Moku Nui“

—–

“Aloha,
I am a UH-Hilo alumni from 2004 and now live in my home state of Minnesota. I am deeply dismayed by the continued breach of ethics and law by the school where I earned my degree. It is embarrassing for the state of Hawaii to continue to let these institutions bulldoze their cultural heritage and environmental resources in the name of scientific advancement. Hawaii is becoming a sad cliche in management of resources and in the treatment of indigenous peoples.

Has the astronomy community not taken enough land and proven enough mismanagement of what they have already taken? Isn’t it time for Hawaii to join the modern world and learn mistakes of the past and err on the side of protection and conservation? Once these sacred places and natural resources are taken, they are gone forever. They will become a paragraph in a history book on yet another breach of trust between government and its local population.

I did my UH Environmental Impact Statement paper in college on the Mauna Kea Plan. It didn’t take a masters degree to see how many laws have been violated or skirted around. I have many fond memories of hiking on Mauna Kea and respect and want to extend my support from afar for those who continue to try to preserve what is left.

Jennifer Johnson
Minnesota”

—-

“I vehemently oppose the University’s plans for the future of Mauna Kea. The lands of Mauna Kea are ecologically unique and culturally significant that is why they are protected as a conservation district. Conservation — not telescope construction — must be focus of all activity there.

Mahalo,
Valerie Loh
Honolulu, Hawaii”