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“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.

From Snorkel Bob (Robert Wintner), on Tuesday’s Ocean Policy Task Force:

Consensus was overwhelming; conservation efforts in Hawaii have been stifled in the name of commerce for too long. The Ocean Policy Task Force may render a sea change in priorities & approach. We shall see. At any rate, NOAA got the message with a panel representing depth in science & political will. The HPR commentator noted aquarium extraction as a common complaint throughout the session. By raising many voices, we got the point across.

Irene Bowie for Maui Tomorrow challenged the wisdom of re-opening the Hawaii swordfish longline fishery, that would allow triple allowable “take” of loggerhead & leatherback turtles, which includes any form of interaction, with the expectation that up to 3 adult females and up to about 7 other loggerheads would be killed annually. The longline issue was spearheaded at the San Francisco task force venue, though it’s a Hawaii “fishery,” so Irene’s testimony stood out.

You can still submit your testimony to the Task Force online here.

On September 18, the bill to ban genetically modified taro unanimously passed First Reading in Maui County. Congratulations, Maui!!  Second and Final reading on this extremely important bill will be coming up this Friday, October 2nd.

From friends on Maui:

Ban on GMO Taro for Maui County–we’re almost there! Take part in this historic action and express your support!

If you have a chance, take a few minutes to call and talk to Council members Baisa (270-7939), Pontanilla (270-5501) and Molina (270-5507) before Friday.  Thank them for their yes vote and urge them to do so again.

Also let Victorino (270-7760), Mateo (270-7678), Kaho’ohalahala (270-7768), Johnson (270-5504), Nishiki (270-7108, and Medeiros (270-7246) know we are behind them and to keep the bill strong — no compromises.

The enforcement issue is one that can be resolved.  There are no excuses for this not to pass.  No changes between the last reading and this one will mean it is straight up, easy vote.  Keep it simple and sweet.  Let’s see a 9-0 vote again!

Testimony can be sent in by email (county.clerk@mauicounty.us) or come and join us in person.  If you can’t make it to the hearing, keep support for the kalo in your sights this week.  If you don’t want to speak – bring a kalo plant to show support.  Stay focused on what is important – protecting Hāloa.

Keep envisioning this bill passed without changes – for all kalo and effective immediately!

From us guys at KAHEA: Mahalo pumehana to the Maui community for all their good, hard work and their passion and care for Hāloa. There is no question that you are making a tremendous difference. We urge all who are about Hawai’i and who love their poi (!) to show their support by sending in testimony to the hearing on Friday! Please take a second also to forward this alert to friends and ‘ohana!

From Miwa:

“We are the Kānaka. We are the Hawaiians. We are the ones who, if you screw it up, have nowhere else to go. Whose mana, whose ancestors, whose everything, will be lost.” - Testimony from one uncle from Oʻahu to the Ocean Policy Task Force members.

So, I only made it to the last hour or so of the Ocean Policy Task Force Honolulu “listening” session yesterday, but here are a few of my observations from the time I was there (The amazing Marti and our board member Kealoha Pisciotta were there throughout the afternoon):

Despite the tsunami warning in the AM, it was still a pretty packed room with people from around the islands. (Brothers and sisters in Samoa, in our thoughts.) Thanks to all who heard the kāhea and came out!

In June, the President made a commitment to dramatically improve the health of the ocean. As per usual, however, the push towards a unified U.S. ocean policy may get hijacked by corporate interests seeking to exploit our oceans and may end up undermining local management efforts. Original plans by the Feds were to hold this session in San Francisco only, meaning a 3,000+ miles trek and thousands of dollars in travel costs for concerned Hawai’i (and other peoples of the Pacific) residents. We fought hard to have this “listening session” in Honolulu.

So first, let me say that it was great to actually see administration officials IN Hawai’i, face-to-face with people of the Pacific. In principle? Listening Session = Awesome. In practice? It was sort of more like a “we’ll-listen-to-the-guys-we-want-to-hear-from, and-then-the- rest-of-you-can-talk, at-least-until-we-have-to-leave-for-dinner” session.

There was  a hand-picked panel of “stakeholders” up first, ostensibly representing different “stakeholder groups.” Administration officials were about 6 feet above the audience, lined up at a table on a stage, listening. After the panel, the floor was opened up to “everyone else.” At six o’clock, administration officials called it quits. Approximately 35 people who had waited hours to testify, were sent away.

I argued against this kind of “listening” model a lot when I worked in government. The problem I have with this kind of “stakeholder representation” process–the problem I’ve always had with this kind of process–is that it allows a small group of government officials to arbitrarily elevate the voices of a favored few, while demoting the voices of others.

Officials and government staff and consultants favor this kind of model because it gives them a sense that they are being “fair”–through the stakeholder panel, different groups are “equally” represented (e.g., this guy represents business, this guy represents Hawaiians, this guy represents surfers, this guy represents conservation interests)–in an orderly fashion that doesn’t take up a ton of their time and minimizes their being yelled at.

These are all understandably human desires. Orderly = good. Being yelled at = bad.

The problem, is that this is a false sense of order. In reality (where all of us actually live), the world is messy, it is complex, it is imbued with people’s passions, guided by what they care about, filled with uncertain choices, and sometimes charged by their righteous outrage.

Being listened to by government on the fate and future of resources in the public trust should not be a privilege, but a sacred right.

Kealoha noted how much of the public testimony (outside the panel) really focused on the unique needs of Pacific Island nations, sovereignty, the need to acknowlege Hawaiian right-holders, and the imperative to respectfully seek and request indigenous knowledge and ways-of-knowing.

For Hawaiʻi, the stakes are incredibly high. In Hawai’i, we are a place of ocean. The future of Hawaiian waters is the future of Hawai’i. And, (I say this with all due respect) if you must be late to dinner, Dr. Lubchenko, because you are listening to what citizens in Hawai’i have travelled miles to say about their own future, I think maybe that should be okay.

But as a beginning, I left this “listening session” feeling… hopeful. This process will continue over the next year or so, and with more opportunities for Hawaiʻi communities to meaningfully speak to the future of our public trust Hawaiian waters. Please be on the lookout for the next kāhea to participate!

You can still submit written testimony to the Task Force online here.

Today (September 18) was an exciting day at the County Council hearing.  The GMO taro ban bill passed First Reading 9-0!!!!

Big mahalo to Council members Bill Medeiros who introduced the bill and Jo Anne Johnson and Sol Kaho’ohalahala who also championed the bill, along with Wayne Nishiki.  We also got a full yes from Mike Victorino, and Danny Mateo.  Gladys Baisa voted yes, with reservations.  Mike Molina voted yes without reservations, but suggested the bill have an effective date of 2011 “to give the state time to decide” (we know where that is headed).  Pontanilla followed Molina with a yes vote and voiced concerns with costs to the county.

The best quote of the day:  “We have a duty to protect Hawaiians and that starts right here, right now“  – Chair Danny Matteo, right before the vote call.

Mahalo to everyone for the powerful and articulate testimony (extra mahalos to those who came from far!), to those who came to show force and for the voices of the kupuna that reverberated in the chamber today.  It was chicken skin!   The message is sent.

To those who were with us in spirit from every island and the mainland, mahalo for your support.  All of your positive intentions for protecting Hāloa from so many avenues have been realized.

From us at KAHEA, here’s what’s next up:

Final Reading! We expect Molina will lead the way in trying to modify the bill since he has come out on the side of the biotech industry and its staunch supporter the Hawaii Farm Bureau in committee hearings.  Yet, he stated in the full council hearing that he respects Hawaiians, as did Council member Baisa.  As one testifier said, “Half a cup of respect, is half a cup of disrespect.”   You either respect Hawaiians or you don’t.  Negotiating anything less than a 100% ban on all kalo varieties is disrespectful.

From Melissa-

Tomorrow, we along with others will plead our case at the Board of Land and Natural Resource meeting for a contested case hearing on the Mauna Kea Comprehensive Management Plan.

Mauna Kea Anaina Hou, The Sierra Club-Hawaii, The Royal Order of Kamehameha I, KAHEA: The Hawaiian Environmental Alliance, Dwight J. Vincente and Clarence Kukauakahi Ching have submitted a request for a contested case hearing on the plan.

Robert Harris, executive director of the Sierra Club, said that after the plan was approved in April Mauna Kea was chosen for a $1.2 billion Thirty Meter Telescope project.

“Our position is we’re not sure you should be approving new telescopes until this comprehensive management plan is finalized,” Harris said. “If you are going to call this a comprehensive management plan, I think you’re going to have to take into account future development and this plan specifically doesn’t address any development whatsoever.”

Department of Land and Natural Resources staff are recommending against a contested case hearing, saying there are no laws or rules requiring one because of the board’s approval of the plan and that the petitioners have no property interest in the project.

“The (comprehensive management plan) does not permit or authorize any new land use of development on Mauna Kea, including telescope projects,” the recommendation said.

Marti Townsend, program director for KAHEA, said there is a public interest in the protection of public trust resources. More time is needed to develop the plan and get public input, she said.

The DLNR says the acceptance of the plan doesn’t facilitate new construction but Townsend said she thinks it does, especially in light of the recent announcement of the Thirty Meter Telescope project.

“That was our concern all along — that we’re rushing through the management plan process in order to accommodate the TMT and so it’s really a development plan,” Townsend said.

To read full article click here.

The meeting will be held tomorrow (August 28, 2009) at 9:30 in the DLNR Board Room 132 on the first floor of the Kalanimoku Building at 1151 Punchbowl St. The Board Room is located on the makai (ocean) side of the building.