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We’ve done newsletters for many years, and in the last year, we’ve been rethinking how to do them better. We’re incredibly excited to be releasing our first 2010 issue of “Mauka to Makai” in the next few weeks! This issue highlights the future for food sovereignty in Hawai’i, bioprospecting issues, cultural practice on Mauna Kea, and first-hand experiences in Hawai’i's environmental justice movement, featuring articles from author Claire Hope Cummings, cultural practitioner Kealoha Pisciotta, and UNITE HERE! Local 5 intern Lauren Ballesteros.

We are gearing up to mail out now. If you’ve moved recently, you can help us get your copy to you by emailing your new address to alaina@kahea.org. Mahalo!

Thanks also goes to the Earth Friends Wildlife Foundation, whose challenge grant pays for our newsletter printing/mailing. This means that the dollars YOU give go directly to our program work–towards protecting acres of native habitat and sacred cultural sites throughout Hawai’i nei.

If you haven’t already signed up,  subscribing is easy and free, here on the KAHEA website.

From Miwa:

Back in January, we posted here about some disappointing news: the denial by the Hawai’i State Board of Land and Natural Resources (Land Board) and Judge Hara (3rd Circuit) of our right to a administrative review (contested case) on UH’s new “management plan” for Mauna Kea. We have now waded through the findings from the Judge, and here’s the story:

One cloudy Thursday afternoon, the Land Board voted to approve a UH’s proposed “management plan” for the conservation district on the summit of Mauna Kea. At the hearing, KAHEA, along with a group of long-time advocates, Native Hawaiians with ancestral ties to the mountain and conservationists (including Sierra Club Hawaii Chapter, Mauna Kea Anaina Hou, the Royal Order of Kamehameha I, and Uncle Kukauakahi Ching) requested a “contested case” hearing, a common practice in Hawaiʻi.

A Simple Request: Hold a Hearing
As many of you know: For 40 years, the summit conservation district has been the focus of a contentious struggle over the expanding footprint of an industrial park for telescopes within its boundaries. Approval of this plan, written by the lead developer–the University of Hawai’i–would pave the way for the largest expansion of industrial land use on the summit in nearly a decade, a telescope complex larger than a modern sports stadium, the TMT.

The contested case hearing is part of a time-honored process designed to protect the rights of those affected by state agency decisions, allowing us to formally present evidence of how the plan would impact access, traditional use, cultural practice and natural resources on the mountain. Through the hearing process, we would be allowed to make our case for adopting a conservation plan in compliance with state laws governing the summit conservation district, in place of the development plan written by the lead developer.

Despite the fact that we have had contested case hearings in the past, in a surprise move, the Board denied our request.

No Property, No Say, and No Plan
The Land Board denied our right to a hearing, based on a claim that our group does not have a “property interest”–flying in the face of decades of law affirming Native Hawaiian traditional and customary rights and the right to a healthy environment. The unexpected decision instead championed a dangerous new model for rights on public lands:  No property, no say.

“No property, no say” is a dangerous new tactic that the summit developers and the Land Board are hot to pursue. Why? Because detrimental (but profitable!) activities in conservation districts are easier to push through if no one can challenge them. There are legal rights to cultural practice, public access, and a healthy environment in Hawai‘i. But “no property, no say” makes it difficult or impossible for many to assert or uphold those rights.

The Land Board also asserted that “the plan is a plan but is not a plan.” (Yeah. Makes no sense to us, either.)  In the UH Plan, an unlimited number of telescopes, roads, office buildings, parking lots and other structures may or may not be built at an undetermined date in the future. The Land Board is claiming that because the UH plan is so vague, it can’t possibly affect anyone. Since no one is affected, no one gets a contested case. One judge (Judge Hara), agreed.

BUT by approving the plan, the Board has ensured that almost any future action to expand industrial land use in the summit conservation district will be “consistent” with the approved plan. We believe this action impacts us–and the future of Mauna Kea’s conservation district–big time.

No Property, No Say and No Plan? We believe this is a really, erm… crappy way to do decision-making and planning on the future of important conservation lands in Hawai’i. And we’re going to fight it.

The Road Ahead
We are again appealing, this time to the intermediate court of appeals. The outcome of this case will set the stage for how decisions are made on conservation lands in Hawai’i for decades to come. Throughout Hawai’i, approximately 2 million acres of land fall within conservation districts like the one on Mauna Kea.

We are facing well-funded developers from some of the world’s wealthiest nations, and some of the highest paid attorneys in Hawai‘i. Yet, we also are building on over 15 years of successful advocacy, closer than ever to realizing our vision of a better future for this incredible summit–where native habitat and cultural sites can be restored, and species brought back from the edge of extinction.

Your Kōkua Needed!
At stake is not just the future of Mauna Kea, but the future of community voices and the fate of unique and fragile forests, shorelines, summits and waters throughout Hawai’i.

We are committed to fighting this dangerous new paradigm all the way to the Hawaiʻi Supreme Court, if that’s what it takes. We hope you–and so many like you, who understand what is at stake–will walk with us on journey forward.

We are currently working to raise $10,000 in legal fees. We are a little over 1/4 of the way there. If you’d like to contribute, click here to make a secure, easy contribution online. You can also send your gift to: KAHEA, PO Box 37368, Honolulu, Hawai'i 96837.

We will continue to update you on the latest for the sacred summit, and opportunities to get involved, participate, and kōkua.

*The plaintiffs — Mauna Kea Anaina Hou, Royal Order of Kamehameha I, Sierra Club, KAHEA, and Clarence Kukauakahi Ching –express our deepest thanks to you for your support and for making a difference! MAHALO!

On the morning of Thursday, February 4th, the State Land Use Commission hearing was a packed house–wall to wall green shirts as over 60 people literally “stood up” for protecting some of O’ahu’s last wild shoreline.

After 23 years of inaction by developers, Defend Oahu Coalition filed a motion with the State Land Use Commission asking why 236 acres of the property should continue to be classified as an urban district. Today, developers want to use this decades-old agreement, forcing their massive new development on the rural Koolauloa/North Shore community–one that is wrong for this rural area and wrong for our time.

In spite of a day packed with passionate testimony, the overwhelming failure by numerous developers to meet their promises, the LUC again failed to reach a decision. Sigh.  See portions of the day’s events by clicking here

From our friends at Defend Oahu Coalition:

Defend Oahu Coalition would like to express our sincere appreciation for all who came to the Land Use Commission hearing yesterday in the strongest showing of support we have seen yet for Keeping the Country COUNTRY. As you may have already heard, despite a room full of green shirts, passionate testimony throughout the day, the overwhelming evidence of failure by numerous developers at Turtle Bay Resort to keep their promises, and a clear mandate to rule under State Land Use Law, the LUC failed to reach a decision. After nearly two years and six separate hearings, the commissioners once again decided to call it quits and kick the can down the road.

In 1986, the resort company asked that this agricultural land be reclassified as “urban/resort” in exchange for jobs, affordable housing, and parks to benefit the community. The project never materialized, and neither did these benefits. The developers never acted, and their agreement with the State seemingly expired. Over twenty years passed, with different owners, different management and different developers promising jobs, parks, and affordable housing. All while undeveloped open spaces continued to dwindle, and traffic problems escalated.

Today, despite overwhelming public protest, Kuilima Resort Company Kuilima Resort Company (KRC) and its parent company Los Angeles- based Oaktree Capital Management is pressing forward to expand their Turtle Bay Resort with five new hotels and 1,000 luxury condos on Oahuʻs rural North Shore.

Returning the land to its original “agriculture” classification would allow the Turtle Bay Resort to continue operations, but would send a strong message to speculators and overseas developers that they must keep promises that they make to the people of Hawaii. The Turtle Bay Resort has recently been marketed as a rural get-away and is today doing better business than most Waikiki hotels. The LUC should return these acres and protect them as rural agricultural lands. You can find information about upcoming meetings and hearings at Defend Oahu’s website.

Twenty-three years is more than enough time! You can support the Defend Oahu Coalition motion with just one click!

Together with the Center for Biological Diversity and the Turtle Island Restoration Network, we  filed suit in December in Federal District Court against the National Marine Fisheries Service, to challenge a new rule allowing expansion of the Hawaii longline swordfish fishery—with a dramatic increase in allowable take of threatened and endangered sea turtles. The plaintiffs are represented by the amazing attorneys over at Earthjustice.

A week later, the Snorkel Bob Foundation of Hawaii pledged $10,000 to sponsor that litigation.

Robert Wintner, Executive Director of the Snorkel Bob Foundation, said, “The opening line of our mission statement stipulates that we will defend against incidental kill of marine species, so this litigation is compulsory for us. Earthjustice is not a conservation outfit soliciting grant money and selling vague concepts. It’s a results-oriented law firm that we’re proud to support. Beyond that, the plaintiffs in this case—KAHEA, Turtle Island Restoration Network and the Center for Biodiversity are also proven achievers in the field. We know these groups and stand firmly beside them.”

Wintner added that this case will highlight outdated ocean management policy that must change to allow for ocean recovery. “The oceans can no longer provide limitless protein for growing human populations. It’s over. The National Marine Fisheries Service (NMFS) is now part of the National Oceanic & Atmospheric Association (NOAA). Both are in the Department of Commerce. That means ocean management is based on maximum dollar extraction and not on recovery. These agencies should be part of the Department of the Interior, where conservation and recovery are primary management factors.

“Look at the line of communication here: the president of the Hawaii Longline Association (HLA) is Shaun Martin, who is vested in the swordfish longline fishery. HLA drafted a recommendation that the swordfish fishery be expanded with a dramatic increase on incidental take of endangered turtles. Mr. Martin then delivered that recommendation to the Western Pacific Regional Fishery Management Council (WESPAC), where he took off his HLA president hat and put on his WESPAC president hat. WESPAC then agreed that the swordfish fishery be expanded. WESPAC uses the word “conservation” more than most agencies in its communications, but its members and officers are significantly vested in commercial extraction. The WESPAC recommendation then went to NMFS, the agency authorized to process such recommendations. NMFS has a history of going along with WESPAC recommendations. This effort to blatantly override the evidence and global consensus began some time ago, with the wheels of bureaucracy grinding slowly. The Commerce Department employs thirty thousand people, and like a giant ocean liner, it does not change course quickly. Now we have a new administration agenda reflecting long-term management policies and ocean recovery. Now we go to the judicial arena, with Earthjustice representing exactly what it’s named for. I call this money well spent.”

Mahalo to “Uncle Bob” and all the amazing people over at Snorkel Bob and Snokel Bob Foundation!

Will anti-technology hippies embrace videos on the internets?

The ground-breaking documentary “The Future of Food” is now up on hulu.com, and the reviews from commenters are pretty hilarious. Apparently rooting FOR public-interest journalism and advocating sane regulation of genetically engineered foods makes you an “anti-technology hippie.” If that’s true, we’ll wear the badge with pride. If you haven’t already seen this film, or want to learn more about the controversy surrounding GE food and regulation, check out the film here:http://www.hulu.com/watch/67878/the-future-of-food

(Word to the wise: It IS sponsored, so you have watch about six commercials throughout the 1 1/2 hour film)

The Future of Food documents the disturbing truth behind engineered foods that have quietly filled U.S. grocery store shelves for the past decade. More about the film here: http://www.thefutureoffood.com/.

You can learn more about GE food in Hawaii at our website, or from our friends at Hawaii SEED at www.hawaiiseed.org.

On New Year’s Eve, we got word from Judge Hara (3rd Circuit), that he would uphold the August 2009 decision of the Hawai’i Land Board (Board of Land and Natural Resources) to deny the Mauna Kea Hui their “day in court.” The hui–made up of conservation and cultural rights advocates–has been the long-time defender of protections for Mauna Kea’s unique and sacred summit.

We asked for an administrative review of UH’s new development plan for the mountain; BLNR and Judge Hara have now both said “no.” We’re still reading through the findings, wading through the legal language and figuring out what it all means for the future of the mountain. We’ll keep you updated and let you know what we come out with.

Our deepest thanks goes out to all the long-time supporters of Mauna Kea. Mahalo for your aloha ‘aina.

This year, we will continue to work for a community plan which sets forward a truly new paradigm for managing cultural and natural resources of the summit and governing future telescope development. The struggle is not over!

From Mary Amos:

Ipu Lani, Inc. and Hawai’i Gourd Society present the fourth annual, 2010 Ipu Cultural Festival on January 22, 23, and 24 at the Hale Halewai Pavilion on Alii Drive in Kailua-Kona. The festival runs from 6 PM to 9 PM on Friday and 9 a.m. – 5 p.m. both Sat. and Sunday. The admission is free. There will be ipu artists and practitioners, lau hala and coconut weavers, fish net makers, and many other cultural practitioners demonstrating and selling their art. “The Festival will celebrate the diverse culture surrounding the ipu, or gourd. Ipu art, basket weaving on ipu, cordage and olona demonstrations, guest Kumu demonstrations and workshops, music, food, ipu instrument classes (ipu heke, ipu ole’, uli uli), Hawaiian arts and craft vendors, a silent auction, storytelling, and demonstrations will all be included,” said organizers.

Classes in Hawaiian ipu decorating, koko (knotted ipu carrier), along with a variety of gourd decorating techniques will be offered each day for a fee per workshop. Entertainment will be fantastic, beginning with the Hana Hou Air Force Band of the Pacific, concert to begin at 6 PM Jan 22nd. The following two days are filled with :
Saturday, January 23, 2010:

12 – 1PM: Sam Kama
1:15 – 2:15PM: Keoki Kahumoku
2:30 – 4PM: Leabert Lindsay
Sunday, January 24, 2010:
12 – 2PM: Don Kaulia and His Slack Key Haumana
2 – 3PM: Tani Waipa & Warren Kaneao
3 – 4PM: Leon Toomata & Warren Kaneao

Ipu Lani , Inc. a registered 501 (c) 3 organization is the parent non-profit for the Hawai’i Gourd Society, which was established in 2006 to revitalize the Ipu culture in the State of Hawaii. The organizations educate the public through this festival and other learning opportunities by exploring the wide variety of uses, both functional as well as artistic from a modern and historical perspective. The groups also support propagation of the ipu in Hawai’i encouraging different farms to grow, cultivate and propagate the ipu. “We strive to bring back to life the joy of working with the ipu and the beauty of the final ipu art,” said founding member Mary Amos. “We search for proper growing spots and make every effort to begin cultivation. By grants and donations we plan to farm ipu throughout the islands,” she said.

The 2010 Ipu Cultural Festival is sponsored in part by a grant from the Hawaii Tourism Authority through the County of Hawaii CPEP, Dept. of Parks & Recreation, Elderly Services Program, US Air Force, Ipu Lani, Inc. and CNHA. Visit www.hawaiigourdsociety.com for class details and schedule of events or email outtayourgourd@gmail.com for more information

Classes at the festival will be:
1/23/10: 10:30 AM – 1 PM Ni’ihau ipu pawehe (Mary Amos) $75
1/23/10: 11 AM – 1 PM Woodburning on mini ipu (Evie Morby) $45
1/23/10: 11 AM-1 PM Niu (coconut) weaving, Ohana basket (Sam Kama) $50
1/23/10 2 PM-4:30 PM Ipu heke’ (Mary Amos) $85

1/24/10: 10:30 AM – 1 PM Ni’ihau ipu pawehe (Mary Amos) $75
1/24/10: 1 PM – 3 PM Niu weaving Ohana basket (Sam Kama) $50
1/24/10: 2 PM -4:30 PM Ipu heke’ (Mary Amos) $85