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.
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.
Community Greets Land Use Commission
Last week Wednesday (8/18/2010) about 25 Wai`anae residents and supporters came out to wave signs expressing their opposition to a proposed industrial park in Lualualei Valley. People, young and old, and of all different walks of life stood side by side, sharing messages of strength and solidarity.
The mission was really two fold–yes, we were targeting the Land Use Commissioners who were visiting the proposed site, just to make sure they wouldn’t get any crazy ideas that this community wants an industrial park. The second purpose was really for everyone else driving by, because most of the people who live on the Wai`anae Coast have never heard of plans for another industrial park in the valley. Response was mostly positive, lots of head nods and horn honks. 
We had some pretty good press coverage too, KITV and KHON stopped by, along with the Hawai`i Independent and FLUX Hawai`i Magazine. Click below to see KITV’s full story.
Click here to watch story.
Here’s more from Marti who was with the commissioners on the site visit:
Members of the Land Use Commission made an official site visit to the parcel of farmland that Tropic Land proposes to turn into an industrial park. They drove up Lualualei Naval Access Road and then back down Hakimo Road, over the new the roadway that Tropic cut to connect the Navy Road to Hakimo Road. The Commissioners saw first-hand all of the farms along Hakimo Road, the profile of Maui, the Hoaliku Drake Preschool, and the narrow intersection at Hakimo and Farrington Hwy.
Checking out the preschool along the curvy Hakimo Rd. on the way to the proposed industrial park. Also taking a moment to introduce the group to our kupua, Maui!
Interestingly, just seconds after the developer’s attorney said it was too hot and arid to grow palm trees on the property, the sky opened and big drops of rain fell. We got drenched as we drove down Hakimo Road.
Umbrellas out in full effect as Lono gives kokua to show the commissioners that it does indeed rain in the valley!
Please come share your mana’o on the proposed industrial park at the Land Use Commission hearing on Thursday September 9th at the Kakuhihewa Bldg. in Kapolei, 9:30 am. You can hold one of the beautiful signs you see here, or bring your own!
Mahalo nui loa to Pono Kealoha for the photos!
Reading: Environment Hawai'i, August Issue
We got our August issue of the excellent Environment Hawai’i in the mail the other day!
On DAR’s proposed list of activities that they believe should be exempted from doing environmental assessment, they write, “DAR’s proposed list appears to exempt every type of permit and license issued by the division.” Including live rock and coral collecting permits and all permits for Papahanaumokuakea in the Northwestern Hawaiian Islands.
There is also great coverage of Waimanalo Gulch violations and wet-noodle enforcement from the Department of Health, and excellent reporting on this summer’s WESPAC meetings.
Mahalo to Pat and Teresa for their excellent investigative reporting! You can support Environment Hawai’i by subscribing today!
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.
Signs of Aloha Aina
From Marti:
We had our first sign-making party in the “Keep Waianae Country” effort. We are getting ready for the Land Use Commission to visit the parcel of farmland that Tropic Land proposes to turn into an industrial park. Their visit happens on Wednesday August 18th at 1:30 pm.
Want to join us? We’ll be on Farrington Highway where it intersects with Lualualei Naval Access Road and with Hakimo Road at 1:00 pm.
Can’t make it, but still want to participate? Then make a sign in support of keeping Waianae country, take pictures of you and your friends holding the sign, and then send the pictures to us at miwa(at)kahea.org. We’ll make sure the LUC sees it.
And if you live along the navy road or Hakimo road, then hang a sign on your fence where everybody can see it. We’ll be passing out the beautiful signs we made next week. Let us know if you want one.
Big Mahalo to everyone who came out to help us make signs. It was a lot of fun. And who knew Tyler would turn out to be poster-painter extraordinare… in addition to top ace legal intern?! Finger painting ain’t just for kids anymore!
A few last words...
From Tyler, our summer fellow from the Center for Excellence in Native Hawaiian Law at the UH Richardson School of Law:
My time here at KAHEA has come to an end. School’s about to start back up, which means I’m unavailable until next break. I’ll miss you all. I know what you’re thinking, but who will write witty blogs? I don’t know. However, if you want to hear more from me, please e-mail KAHEA, and overwhelm them with requests to bring Tyler back to KAHEA during Winter break and next Summer, because you can’t live without him. Start a petition. Start a Facebook group.
I had such a wonderful time working with wonderful people gaining life experiences and worthwhile skills. Who could believe that two months would create such lasting bonds and impressions. I promised myself I wouldn’t get emotional. I need a tissue. And more coffee. Until next time friends…
Super Intervenors: An Update
(Mahalo to the talented Mark Fiesta for the picture)
The latest scoops from legal intern Tyler on legal proceedings around the push to protect agricultural and preservation lands in Waianae currently threatened with industrialization. Fenceline to farms and homes, an industral park and new landfill are proposed on this area in the middle of one of Hawai’i's largest communities of Native Hawaiians. It’s a justice thing, and it’s a kākou thing!
From Tyler:
We last left you with some tremendous victories following the Land Use Commission’s granting our Motion to Intervene. This means, as you may remember, that we get to sit at the big kids table and play hardball. As dates are solidified and we proceed, our first act as official Intervenors is to order fancy name plates for our desks that say “Intevenor” on them. That was a joke. They say “Super Intervenor.”
All jokes aside, our first OFFICIAL act was to submit a Statement of Position. It’s essentially a formality that lets everyone at the big kids table know what we’re playing for. Environmental and cultural justice. Here’s what we believe to be true:
Tropic’s proposed development ignores:
1) The cultural significance of Wai‘anae
2) The Wai‘anae Sustainable Communities Plan
3) The characterization of Urban land
Think of this as a game of Monopoly. Tropic Lands owns a parcel not on the game board. Let’s call it Insensitive Avenue. They really want to be in the game, because they believe they can make a nice chunk of change. But they can ONLY do this on Insensitive Avenue. So what do they do? They cry “JOBS!” and then they ask the state Land Use Commission (LUC) if they can amend the rules and put Insensitive Avenue on the game board.
The problem is: If we let Insensitive Avenue on the game board, then we MUST put Greedy Place and The Capitalism Railroad into play. And in fact, this is the purpose of the rules. The reason Community Plans and Zoning Regulations are made? To prevent unruly development in a community and to maintain balance. Not to mention mediating ongoing insensitivity to cultural concerns.
We understand the need for economic development. We understand the need for jobs in Wai‘anae.
In actuality, all we’re asking is that you put your industrial park in an area that is compatible with your development plans. Like… Maybe put the industrial park in an already industrialized area? That seems fairly logical to me! How about you folks reading this?
This area is Preservation/Agriculture Land. Let’s keep it that way. There are some incredible alternatives being proposed by communities members–everything from a gateway park to an agricultural incubator.
Now that the big kids know what we’re playing for and why, we gotta show them what we’re playing with. The Scottish Terrier. Or the thimble! Joke. In fact, we’re playing with people who are experts in their fields, and we believe their expert testimonies will expose to the Commission some undeniable truths behind this bad proposal.
Stay tuned!
