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From Marti:

We have commented on every permit issued and every plan released concerning Papahanaumokuakea because we want to see these public trust resources protected.  At every hearing for five years, we have asked the co-managers to assess the cumulative impact of human activities in the Northwestern Hawaiian Islands.

They punted on the monument management plan and fumbled on the science plan, but never stopped issuing precious permits for invasive, extractive (often federally funded) research in this visionary no-take-refuge.  Not only that, they issued these permits with exemptions from all environmental review.

We think these exemptions are being issued improperly.  This is the only critical habitat for Hawaiian monk seals — you can’t just assume activities there will not affect their fragile, important environment. So we sued.

Now, a year later, we may finally be seeing some action — at least at the State level.  Last week, nine permit applications for all kinds of research in the state’s NWHI marine refuge were deferred after the Land Board members conferred with a Deputy Attorney General in executive session.  We have no idea what was said.  But a special Land Board hearing just for these permit applications was announced for Monday April 19th.

What will the Land Board do?  Continue to issue permits that are improperly exempted from all environmental review or finally require that a real, cumulative impact assessment is completed — one that is public and takes into consideration all of the horrible things human exploitation has done to this amazing, irreplaceable marine environment?

From:  Andrea

Just last month, Act 155 was passed in the Hawaii Legislature, amending Hawaii’s renewable energy law.

One of the highlights of this amendment was the strengthening of Hawaii’s Renewable Portfolio Standards (often abbreviated as RPS).  These standards are binding for electric utility companies, which must satisfy the specified percentage of their net electricity sales with electricity generated from renewable energy sources by the specified date.

Now, Hawaii’s Renewable Portfolio Standards are as follows:  10% by 2010; 15% by 2015; 25% by 2020; and 40% by 2030.  The two standards that Act 155 changed are the two later dates:  the 2020 standard was increased by 5%, and the 2030 standard was a new addition.

This strengthening of Hawaii’s Renewable Portfolio Standards was a wise move by the Hawaii Legislature.  Hawaii should be a predominant leader in the renewable energy realm, considering that it is the most oil dependent state with over 90% of its energy needs met by imported fossil fuels– a doubly detrimental impact with carbon footprints from long-distance importation and burning.  The context of climate change and sea-level rise heighten Hawaii’s energy vulnerability.

Yet, Hawaii is also ideally situated to move the ball forward with renewable energy due to the high availability of solar, wind, wave, and tidal energy.  Thus, the Legislature’s addition of the long-term standard, 40% renewable-created electricity by 2030, is in line with Hawaii’s position of great need, vulnerability, and opportunism.

However, the short-term standard could be a bit more aggressive.  Although a five-percent increase to 25% by 2020 is an improvement, a few other states have more stringent short-term standards.  For example, California is requiring 20% renewable-created electricity by 2010– double Hawaii’s 2010 standard.  And, Maine has a 2017 standard of 40%, Hawaii’s standard for 13 years later, while New York has a 2013 standard of 24%– 9% greater than Hawaii’s 2015 standard.

Regardless of the precise standards, the definition of “renewable energy” sources must be amended.  While creating more stringent standards in the short-term is ideal, amending the definition of “renewable energy” to only encompass those sources that are truly clean is a must.

As it stands now, the definition of “renewable energy” does not contain any qualifications.  For example, it includes “biofuels.”  Such an unqualified authorization allows utility companies to meet the standard with, say, palm oil, which fits the broad definition of “biofuels.”

What’s the problem with palm oil qualifying as a renewable energy source?  This “biofuel” implicates a significant carbon footprint due to carbon-emitting land change.  After the deforestation, heavy fertilization, and peatland burning required to produce the palm oil, the production of this “biofuel” actually contributes more to global warming, opposed to ameliorating the crisis.

Renewable energy sources and, thus, renewable portfolio standards for utility companies should authorize only clean renewable sources in life-cycle terms.  Renewability should be just one requisite for clean energy sources; the holistic footprint, including emissions, land change, and other environmental impacts, also must be taken into account.

Otherwise, we may simply displace the impact to another medium.  Without amending the law to reflect this crucial qualification, the renewable portfolio standards may end up perpetuating the very problem that they are intended to improve.

Want Hawaii to lead a meaningful renewable energy transition?

Contact your representatives in the State Legislature and voice your opinion!

Here’s contact information for our House representatives:

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

And, here’s contact information for Senate members:

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

HONOLULU ADVERTISER, ENVIRONMENTAL NEWS WIRE REPORT ON CONTROVERSY

by Stewart:

KAHEA’s complaint asking a Hawaii court to require the state Department of Land and Natural Resources to follow state law concerning permits for the Northwestern Hawaiian Islands National Marine Monument has made news, as Hawaii’s largest newspaper and a national environmental wire service both published pieces on the matter today.

The news reports come two days after KAHEA filed its suit and a day after KAHEA presented its case to the Hawaii Board of Land and Natural Resources.  KAHEA has requested the board refrain from issuing new permits until the agency complies with the law; KAHEA has requested an administrative hearing on the issue.

From:  Andrea

Last night at the public hearing on the Draft Science Plan for Papahanaumokuakea Marine National Monument, held at the monument office in Hawaii Kai, a troubling consequence of the lack of environmental review was elucidated.

One of the Science Plan authors stated that research activities that have already been permitted are assumed to have gone through a “rigorous” review by management.  The problem?

Actually, there could be quite a few from this muddy statement.  For one, this statement suggests that research activities that have already been permitted will not be scrutinized- nor, certainly, environmentally assessed- in the future.  It sounds like grandfathering-in existing and previous permits, meaning some activities that have been permitted in the past will be continuously assumed to pass muster, despite never actually being environmentally reviewed.

Clearly, grandfathering-in research activities so that they never undergo environmental review creates informational ravines that make cumulative impact analysis impossible.  Cumulative impacts, the incremental impacts of an action when added to other past, present, and reasonably foreseeable future action, must be assessed.  The managers need to understand the big picture, especially when making seemingly small decisions like permitting.

Secondly, what is this “rigorous” review that the manager mentioned?  There has been no environmental assessment on any permits nor the entire permitting system nor the Science Plan, so it clearly was not environmental review.  If this rigorous review were undertaken via the prioritization system of the Science Plan, that, too, is problematic.

As I have blogged before, the Science Plan has two tragic flaws:  (1)  the prioritization scheme that doesn’t actually prioritize permit activities (To prioritize permit activities, it asks, pros and…pros?, leading to 97% of potential research activities to be ranked as “critical” or “high” in importance.) and (2)  the lack of environmental review.

But, the environmental assessment did not come with the Science Plan.  The managers argue that this is the draft plan, so environmental assessment is not appropriate now.  However, they also proclaim the plan to be an evolving document- not problematic necessarily.  The evolving nature of the plan is problematic, however, for lack of environmental review because, if it is meant to evolve, when would the managers consider environmental review appropriate? There could always be an argument that it is not truly finalized yet if it’s an “evolving” document.

On the other side, if the monument managers, in fact, conduct an environmental assessment for the Final Science Plan, which is the next step after last night’s public hearing, the decision on permitting prioritization will have been made.  And, environmental assessment is legally required to take place prior to decision-making.  The whole point of environmental review is for decision-makers to be informed of environmental impacts before they make final decisions.

So, either the Science Plan truly is an evolving document, in which case an environmental review is likely to be put off forever.  Or, the Science Plan will be finalized in the next step, the Final Science Plan, which frustrates the point of environmental review taking place before decisions are made.

Confusing?  Yes.  But it need not be.

KAHEA urges the monument managers to take the straightforward approach by conducting environmental review of the Science Plan, which guides the entire permitting process, prior to finalization of the plan.  KAHEA also urges environmental review of all permits- no grandfathering-in.  Each proposed permit should be looked at with a fresh eye, through the lens of cumulative impacts, which inherently change over time.

Let’s hope that public comments are indeed incorporated into the Final Science Plan, whenever that may be.  Otherwise, the one-sided prioritization system will continue to rank most activities high, leading to excessive access and impact in a fragile, irreplaceable ecosystem.

What can you do?  Speak up!

Last public hearing on the Science Plan  is in Hilo tomorrow:

Hawai‘i, July 23th, 6-8 p.m.
Mokupapapa Discovery Center,
308 Kamehameha Ave, Suite 203, Hilo, HI, 96720.

All written public comments must be received by the monument managers by or before August 10.

• U.S. Mail:
Papahanaumokuakea Marine National Monument, Attn: Science Plan Comments, 6600 Kalaniana‘ole Hwy, Suite 300, Honolulu HI, 96825

• E-mail: nwhicomments@noaa.gov.

To read the plan:

http://papahanaumokuakea.gov/research/plans/draft_natressciplan.pdf

(It takes a few minutes to download, but once you’re there, skip to page 10 for the prioritization chart.)

From:  Andrea

The U.S. Coast Guard removed 32 tons of debris from the Northwestern Hawaiian Islands over the Fourth of July weekend.  Much thanks to the Coast Guard for ameliorating the health of our oceans!  See the Honolulu Advertiser article:

http://www.honoluluadvertiser.com/article/20090713/BREAKING01/307130004/U.S.%20Coast%20Guard%20removes%2032%20tons%20of%20debris%20from%20Northwestern%20Hawaiian%20Islands?GID=e/Si+j1sOYkNlMXAMxQScaqw1wgB5/Nurtn+5iNvNh8%3D

While I am glad that efforts to clean up marine litter are taking place, especially in such an  irreplaceable, nationally protected locale, 32 tons is only the tip of the iceberg.  The scale of this problem is vast.  Marine litter filling our oceans is a global problem affecting all people and nations.  Marine litter, of which 80% are plastics, harms marine life, degrades human health, and results in tremendous social, economic, and cultural costs.

The United Nations Environment Programme recognizes this immense ocean dilemma that affects everyone.  In April 2009,   the UN Environment Programme released a report titled “Marine Litter:  A Global Challenge.”  Find the report at:

http://www.unep.org/pdf/UNEP_Marine_Litter-A_Global_Challenge.pdf

“There is an increasingly urgent need to approach the issue of marine litter through better enforcement of laws and regulations, expanded outreach and educational campaigns, and the employment of strong economic instruments and incentives,” the report says.

The report also notes that the “overall situation is not improving.” Thank you, Coast Guard, for your part.  But, we must do our part, too.

What can you do to help reduce marine litter?

• Keep streets, sidewalks, parking lots, and storm drains free of trash to prevent washing trash into the ocean and waterways.
• Take reusable items- and less trash and throw-away containers- to the beach.
• At the beach, be sure to recycle what you can and throw the rest of your trash into trash cans.  Do not leave trash or anything else, like plastic toys or containers, at the beach when you leave.
• Pick up debris that other people have left; recycle what you can, and throw the rest away in a trash can.
• When fishing, take all of your nets, gear, and other materials back onshore to recycle or dispose of in a trash can.
• If you smoke, take your butts with you, disposing of them in a trash can.
• When boating, stow and secure all trash on the vessel.
• Participate in local clean-ups.  Here’s one resource:  http://www.adoptabeachhawaii.com/
• Reduce, reuse, recycle.
• Serve as an example to others.

As part of ongoing efforts to protect endangered Hawaiian monk seals, federal officials are turning to old Hawaiian chants and songs. The purpose: to battle misperceptions that the Hawaiian monk seal is an invasive species that does not deserve protection.

“This ain’t the mongoose; this animal was here before any of us,” says David Schofield, Monk Seal Coordinator for the National Oceanic and Atmospheric Administration.

The problem, however, is to document the animal’s presence here.  To that end, NOAA is working with Hawaiian cultural experts to find references to the monk seal in traditional oli and mele.  NOAA also is asking people to ask kupuna if they know of any old stories involving the sea mammals. The point, Schofield says, is not to invent tall tales about seals, but document the animals’ presence through oral histories and other documents. 

For instance, Schofield says, volunteers interested in helping might research archives, such as the Bishop Museum, to find old references to the animals.

This research is just a small piece of what NOAA is trying to do to help the seals. The agency is charged with protecting beached seals, rescuing animals that have been hooked or entangled in fishing nets, counting seals, relocating animals that become too habituated to people, and informing the public about the animals. Part of this public outreach campaign lately has involved dealing with a growing rumor: that monk seals are not from here.  This ugly rumor has led some people to refuse to give monk seals the deference the animals deserve when it comes to sharing the water. And that’s a problem.

Known in Hawaiian as ‘Ilio holo I ka uaua, or the dog that runs in rough water, the Hawaiian monk seal has been recorded in the islands as far back as the 19th century.

From:  Andrea

Good news:  bioprospecting is now prohibited in the Papahanaumokuakea Marine National Monument!

KAHEA has been pushing for this prohibition from the beginning of the Northwestern Hawaiian Islands’ protection.  State permits have prohibited bioprospecting for some time.  But, with only permits issued in the state refuge prohibiting bioprospecting, the entire Monument was not protected.

But, now, the federal co-trustees are prohibiting bioprospecting, too.  KAHEA’s victory is evident in the Final Monument Management Plan where the prohibition on bioprospecting is required on all permits issued in the Monument.

Prohibiting bioprospecting in this irreplacable locale is necessary to protect fully the Monument and its cultural and natural resources.  Bioprospecting, essentially, entails the search for new chemical compounds, genes, and their products in living things that will have value to people, often through development of marketable commodities like pesticides, pharmaceuticals, and cosmetics.

Thanks to the prohibition, our public trust resources are prioritized for their conservation, not their profitability.  No opportunity to plunder for profit in the Monument- at least not legally.

Commenting on the Draft Science Plan, KAHEA continues to urge for responsible science in the Monument.  To learn more about responsible science:

http://www.kahea.org/more.php?id=451_0_3_0_C