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Picture of the OOA experiment from HOT, Inc.

From Marti:

The Hawaii Board of Land and Natural Resources just took 250 acres of ocean along the North Kohala coast out of the public trust and gave it all to a private company for experiments in Open Ocean Aquaculture (OOA).

OOA is the practice of raising finfish under controlled conditions, in exposed, high-energy ocean environments.  It is distinct from the traditional practice of small scale aquaculture, which raises a limited number of multiple marine species in nearshore fishponds.

On October 23, 2009, the Land Board granted a Conservation District Use Permit (CDUP) to Hawaii Ocean Technology, Inc. so that it can experiment with a new OOA technology.  If it works, HOT, Inc. will make millions (maybe even billions).  If it doesn’t, HOT, Inc., will walk away and we, the public, will be left with whatever harm their botched experiment causes: impaired water quality, harm to the ocean ecosystem, fish disease, escaped fish, affects of genetically modified material in the ocean, damage from rogue cages…. the list of risks is long.

The loss of public trust ocean resources is a less obvious, but equally long-lasting harm to our oceans.

The CDUP approved last month grants HOT, Inc. an exclusive right to use 250 acres of ocean for their caged fish experiments forever.  This means that HOT, Inc. can deny people access to the area, stop them from fishing, harvesting, or boating in the area — kind of like the way “entrepreneurs” came to Hawaii, fenced up open forest land, and “experimented” with raising cows.  We all know what *that* experiment did to Hawaii.

Indeed, OOA-proponents seek to “farm the sea as we farm the land, thereby using the vast ocean resource more effectively than is the case presently,” said John Forster in Open Ocean Aquaculture–Moving Forward.  It appears he means “effectively” in the “exploit it better and faster” sense of the word.

Is the maze of fences decorated with “no trespassing” signs over every inch of land the future we want for our oceans?  That is exactly what we are going to get if this trend is allowed to continue.  As outlined in its Ocean Resources Management Plan, the state wants at least 10 OOA ventures in Hawaiian waters.  This HOT, Inc. project is the third to come online, and the existing two are already seeking similar privileges to limit public access to the ocean around their cages.

The ocean is a collective resource.  A fisherman fishes the sea, but lays no claim to the sea itself or the fish, for that matter. Erecting massive industrial commercial fish farms in the place where fish once swam wild will not save our ocean from the brink of catastrophe. It will push it closer.

We need to stop this mahele of our ocean. Instead, we need to better regulate the commercial (that is exploitive) use of our oceans.  We have to enforce the “take what you need and only what you need” mantra of traditional resource management systems that ensured that everyone was fed and the resources endured for generations to come.  At same time, we need to better support community-based loko ia, the small-scale nearshore fishponds that not only restore natural ecosystems, but help to provide fish for everyone to eat.

Help participate in Oahu community efforts to re-establish, perpetuate, and celebrate the opening of Makahiki season and the return of Lono at the following locations. Interested participants please contact event organizers by email if you have any questions concerning protocol, appropriate behavior, attire, and ho’okupu (offerings). Please be mindful and respectful of the traditions of the host community.

KO‘OLAUPOKO DISTRICT – December 4- 6th, 2009
Kualoa (Kualoa Regional Park)
Opening Saturday December 5th
6:30 AM Sunrise procession and ceremony begins
7:30 AM Registration
9:00 AM Päÿani (Makahiki Games)
6:00 PM Dinner and awards (potluck)
Contact : Umi Kai, (ulupono1@gmail.com; 840-5510)
• Families are encouraged to come and camp from Friday until Sunday
• Hawaiian Käne are encouraged to compete in the games (16 yrs and older)
• Interested Hawaiian organizations must email and RSVP in advance

WAI‘ANAE DISTRICT – November 20-21st, 2009
Mäkua (Mäkua Military Reservation)
Friday November 20th Preparation
Saturday Nov. 21st Community Access
9:00 AM Opening Procession and Ceremony
Contact William Aila (ailaw001@hawaii.rr.com; phone 330-0376)
• Mäkua Access is limited
• Interested participants must email and RSVP in advance
• Orientation session required (meetings available every Friday until Makahiki)

The Supreme Court of Hawai`i announced yesterday it would hear oral arguments on whether an outdated 25-year old Environmental Impact Statement (EIS) provided enough information to approve a proposed expansion of the Turtle Bay Resort. Kuilima Resort Company, owner of the property and currently headed by local developer Stanford Carr, is seeking approval for five new hotels and 1000 luxury condos at the Turtle Bay Resort on O`ahu’s rural North Shore.

The Supreme Court will review a split 2-1 decision made by the State Intermediate Court of Appeals (ICA), which denied the Keep the North Shore Country and Sierra Club, Hawai`i Chapter’s request for an updated review of the proposed development’s environmental and community impacts. The ICA majority held that no supplemental EIS would ever be required unless the “project itself” changed. This ruling could be taken to absurd conclusions. For example, Turtle Bay’s 1985 EIS could remain valid for hundreds of years, even if there are major hurricanes, drastic shoreline erosion, or significant changes to the community in the area.

“Much has changed in the last two decades, most notably the rapid growth in traffic congestion along the narrow, two-lane Kamehameha Highway, the only regional roadway on the North Shore,” said Gil Riviere, President of Keep the North Shore Country. “The expansion plan is extremely unpopular due to concerns of over-development of the rural area, traffic gridlock, new environmental concerns such as endangered monk seals pupping on the resort property, and the likelihood of disturbing ancient Hawaiian burials.”

Six community organizations represented by Earthjustice – Conservation Council of Hawai’i, Surfrider Foundation, Hawai’i's Thousand Friends, Life of the Land, Maui Tomorrow Foundation, and KAHEA: The Hawai’i Environmental Alliance – filed a “friend of the court” brief in support of Keep the North Shore Country and the Sierra Club’s position. Their involvement was necessitated by the broad negative ramifications of the ICA’s ruling, which could impact development projects throughout the State.

“The purpose of an EIS is to ensure decision makers have the necessary information about the human and environmental impacts of a proposed project,” said Robert D. Harris, Director of the Sierra Club, Hawai`i Chapter. “This lets the community be involved in the process and ensures smart decisions are made,” he continued. “Plainly, we cannot rely upon obsolete information to approve a project that is clearly no longer appropriate for the community.”

Oral arguments are currently scheduled for Thursday, November 19, 2009 at 11:00 a.m.

(Mahalo to Dick Mayer)

Ho’omaika’i! Maui GMO Ban wins passage, 9-0 at final reading today!

Thanks to the persistent and reasoned call from the public — people like you — in support of protecting Hawaii’s beloved taro Maui’s county council members found it easy to make the right decision. Mahalo nunui for standing up to be heard.

From our friends on Maui:

By now I know many of you have heard the good news, but for those who haven’t – Maui County is now gmo taro free! The ban passed 9-0 in its Second and Final Reading today, repeating its First Reading vote but this time without hesitation from any council members. The Mayor has said she will sign the bill into law. Unprecedented support from all!

Mahalo to the all the people who came to town today to testify and all those who wrote, emailed or called in, in support of Bill 82 (2009). Mahalo to Hawaii-Seed for being willing to take on the monitoring, Hector and Caren for coming from Oahu and Kauai to testify on HS’s expertise and the protocols for monitoring the kalo; and Walter for coming from Molokai!

Imua!!

Here is an excerpt of the article published in the Maui News:

Council approves ban on GMO taro
By MELISSA TANJI, Staff Writer
Maui News October 3, 2009

WAILUKU – A bill prohibiting genetically modified taro in Maui County received final approval Friday by the Maui County Council.

The taro bill prohibits anyone from testing, propagating, growing or introducing genetically engineered or modified taro, or kalo, within Maui County. Council members voted 9-0 to approve the ban, saying they believed taro’s cultural and spiritual significance to Native Hawaiians was more important than any other factor.

Mayor Charmaine Tavares said after the vote that she would support the ban.

“I will be signing the bill into law and recognize that the passage of this new law will send a message of support for state Representative Mele Carroll’s efforts to introduce and pass a bill at the state Legislature,” she said in an e-mailed statement.

“The input from various stakeholders that I’ve received has been valuable,” Tavares said. “I am told that this important law will bring us closer to protection of kalo on a statewide level. I support the intent of the bill and the protection of Hawaiian kalo, which deserves our respect and acknowledgment for its ancestral ties to Native Hawaiians, our host culture.”

Tavares previously had expressed doubts about the bill, saying it might be difficult to enforce.

Council Member Sol Kaho’ohalahala said after the vote that he appreciated everyone’s support on the bill and asked that council members continue to improve the language of the bill.

Council Member Bill Medeiros thanked people who had testified or sent e-mails in support of the bill he introduced.

Around 15 people Friday morning made it clear they were testifying in support of the ban on genetically modified taro. Supporters of the ban have argued passionately that taro is a sacred plant and staple food for Native Hawaiians and should be kept in its natural form. They feared that even if limited use or research were allowed, genetically modified forms of taro could mingle with other strains being cultivated.

Caren Diamond of Hawaii Seed – a nonprofit coalition of grass-roots groups composed of farmers, doctors, scientists, lawyers, concerned citizens and Native Hawaiians opposing the use of genetic modification – said taro was vital to Hawaiian culture.

“You have an opportunity to protect this living culture,” she said.

Coverage of our court appeal in today’s Hawaii Tribune Herald:

“The board’s decision undermines the basic right everyone in Hawaii has to stand up for their environment, their culture and their religion,” said Kealoha Pisciotta, the president of Mauna Kea Anaina Hou. “Despite extensive evidence on the record of our cultural, spiritual, environmental and recreational connections to Mauna Kea, the board is now claiming we suddenly have no right to ensure it is protected from bulldozers.”

See the full story here: http://www.hawaiitribune-herald.com/articles/2009/10/02/local_news/local02.txt

“Uh, seriously?” –is probably the best way to describe our response to the BLNR’s recent decision that Native Hawaiian cultural practitioners and conservationists (like Sierra Club members) have no standing to speak for the fate of public trust lands like Mauna Kea. And so, as people generally do when faced with crappy* administrative decision-making, we appealed today in court.

Read full article in the Hawaii Independent:

The State’s Board of Land and Natural Resources (BLNR) and the University of Hawaii are being challenged in court by Native Hawaiian practitioners, conservationists, and activists for rushing through a process that would pave the way for the building of the massive new Thirty Meter Telescope atop Mauna Kea despite public opposition.

Conservationists say that the BLNR’s decision to approve the CMP before ruling on the petition for a contested case hearing is an affront to meaningful citizen participation in agency decisions and neglects citizens’ substantial rights.

“Citizen participation in agency decisions is an essential part of our democratic tradition,” said Nelson Ho of the Sierra Club. “The concept of meaningful public participation ensures decision-makers will have adequate information and minimizes the possibility of public corruption and back-room dealing.”

*We use the word “crappy” here, in the most respectful and “aloha-ful” way humanly possible, but we have to call it like it is, yo.