3 down, 1 to go! Thanks to the public’s vigilant support and participation SB 502 is officially dead!!  Yay!

SB 502 was one of four bills proposing to transfer management of one of the Pacific’s most unique and sacred summits, Mauna Kea, over to its primary developer–the University of Hawaii.  The University has facilitated forty years of bulldozing for unlimited telescope development on the summit, which has destroyed ecologically unique habitat and desecrated sacred cultural sites.

Just one more bill remains: HB 1741.  With your help, we can stop it.  Express your opposition to this and the whole suite of bad Mauna Kea bills for which UH is lobbyingby submitting your online testimony.  Support Hawaii’s legislators in seeking accountable, transparent, fair and representative management of Mauna Kea’s sacred summit by submitting your testimony: http://salsa.democracyinaction.org/o/2699/campaign.jsp?campaign_KEY=26592

Came to our attention via Island Breath Blog: A small town in Maine has voted to pass a Rights-Based ordnance, giving rights to their ecosystem and denying the right of “personhood” to corporations–an attempt to prevent multi-national bottled water corporation Nestle Waters from bottling more of the town’s groundwater.

Nestle is the world’s largest food and beverage company and has very deep pockets. However, we won’t back down, we are the stewards of this most precious resource water, and we want to protect it for future generations.

Activists in Maine are well aware that the Nestle Corporation is not just interested in expanding for the purpose of filling their Poland Springs bottles today, they are interested in the control of Maine’s abundant water resources for the future. They are expanding in many parts of this country from McCloud, California to Maine. Nestle is positioning themselves to capitalize on the emerging crisis of global water scarcity.

The right to water is a social justice issue and we believe that it should not be sold to those who can afford it, leaving the world’s poorest citizens thirsty. Citizens will do a much better job of protecting this resource than a for-profit corporation.

You can see the full statement from the Save our Water Steering committee and video of the vote at: http://www.afterdowningstreet.org/node/40335

From Marti:

The bill to transfer management of the sacred summit of Mauna Kea to the University of Hawaii passed the state’s House Finance Committee on Tuesday. By the Committee’s own count, 900 people submitted testimony in opposition to the 10 or so in support.  This number is not counting the testimony submitted by a dozen Kanaka Maoli (Native Hawaiian) scholars who signed a joint letter in opposition to the bill, as well as testimony from the Hawaii Sierra Club, the Royal Order of Kamehameha I, and several individual Native Hawaiian cultural practitioners detailing the history of destruction and desecration from the University’s 40 years of telescope construction on the summit.

This bill is extremely dangerous for the future of our sacred summit and all of our conservation lands.  It gives the University – the developer of the summit – control over what happens to the natural and cultural resources of the conservation district that currently protects the entire summit of the mountain, setting a terrible precedent for delegating the state’s conservation responsibilities to developers.

The bill would also allow the University to establish its own private police force on the summit.  These “rangers” do not have the same level of training or authority as the state resource enforcement officers who currently have jurisdiction over the summit.  In fact, these “rangers” themselves have engaged in desecration of cultural sites, interfered with spiritual and religious practice on the summit, and endangered unique, fragile natural resources.

In addition, the bill would allow the University to pocket state money with no oversight by establishing a special fund.  For 40 years, the University has facilitated the theft of state money by foreign telescope owners who construct massive telescope facilities (and all of the gift shops, parking lots, and other support structures that go with them) on state land without paying rent to the state.  In addition, millions in profits is made from the sale of patented information developed on the summit.  Instead of offering to pay some of this back-rent (to help the state avoid drastic budget cuts), the University is proposing to legitimatize this history of theft by establishing a special fund into which revenue from the summit is deposited and from which only the University can withdrawal.

The bill will now move to the state Senate for additional committee hearings.  If you care for the sacred summit of Mauna Kea and the integrity of conservation management in Hawaii, then now is the time to speak up.  For 10 years, the public has asked for the same four things:

1. A legitimate management plan - This is a plan that protects the natural and cultural resources of the summit from unreasonable development. It is prepared and approved by the Board of Land and Natural Resources and accepted by the community.

2. An independent management board – the current set up is a puppet of the University with members chosen and paid by the University.

3. Fair Representation – the independent management board must include Kanaka Maoli and environmental representatives that serve in a meaningful decision-making role beyond just merely “advisory.”

4. Fair Compensation - while no one, but the University, knows for sure how much profit is made off the summit, some estimates put it at $50-60 million a year.  If the telescopes paid just that for the 40 years of back-rent owed to the state, taxpayers would earn $2 billion dollars.

You can help protect Mauna Kea.  Take action now!  Click here and submit a personalized letter to Hawaii’s legislators.

To help inspire you, here are excerpts from a few that have already been sent:

“I strongly oppose the University’s plans for the future of Mauna Kea. Enough is enough. The summit lands are ecologically sensitive and culturally sacred. Expansion of astronomy’s footprint on the mountain should not be an option. If a new telescope is truly needed, dismantle an old one. Mauna Kea should be available to the akua and to the people and to the scientists– in a way that puts pono first. Pono, meaning, in righteous balance for all concerned. You are our elected and appointed representatives, charged with the responsibility to excecute the wishes of the people, the caretakers of this land– not the empowered elite. Mauna Kea Summit is a conservation area and what remains should remain kapu. Protect it.
Mahalo,
Z Johnson
Honokaa, Hawaii“

—-

“Aloha no –
I would like to add my voice to those protesting UH’s plans for the future of Mauna Kea. I am a huge fan of the science that is done in the observatories; however, this MUST be balanced with the rights of Kanaka Ma’oli and the needs of the environment.
Mahalo,
David Edelstein
Seattle, Washington”

—-

“I strongly oppose the University’s plans for the future of Mauna Kea. We should learn from the flaws of past Land Board mismanagement on Mauna Kea, keep the laws that protect Mauna Kea now, and exercise management authority towards the protection and restoration of this “wahi pana”, sacred place.

Mauna Kea is ceded lands. The unrelinquished claims of the rightful beneficiaries have yet to be settled!!!

For these reasons, I urge a strong stand for Mauna Kea. Uphold the protections currently in place, and preserve what is left of Mauna Awakea for it’s sacred purpose. It is our Kuleana – our Responsibility toward Akua (Creator) and the coming generations!!!

Mahalo,
Luana Jones
Pahoa, Hawaii”

—-

“POP DA PIMPLES: BEFORE YOU LOOK INTO SPACE, YOU NEED TO MALAMA THIS PLACE….MAUNA A WAKEA!!!!”

Malama i ka ‘aina a me na kupuna,
Leimomi Wheeler
Kea’au, Moku Nui“

—–

“Aloha,
I am a UH-Hilo alumni from 2004 and now live in my home state of Minnesota. I am deeply dismayed by the continued breach of ethics and law by the school where I earned my degree. It is embarrassing for the state of Hawaii to continue to let these institutions bulldoze their cultural heritage and environmental resources in the name of scientific advancement. Hawaii is becoming a sad cliche in management of resources and in the treatment of indigenous peoples.

Has the astronomy community not taken enough land and proven enough mismanagement of what they have already taken? Isn’t it time for Hawaii to join the modern world and learn mistakes of the past and err on the side of protection and conservation? Once these sacred places and natural resources are taken, they are gone forever. They will become a paragraph in a history book on yet another breach of trust between government and its local population.

I did my UH Environmental Impact Statement paper in college on the Mauna Kea Plan. It didn’t take a masters degree to see how many laws have been violated or skirted around. I have many fond memories of hiking on Mauna Kea and respect and want to extend my support from afar for those who continue to try to preserve what is left.

Jennifer Johnson
Minnesota”

—-

“I vehemently oppose the University’s plans for the future of Mauna Kea. The lands of Mauna Kea are ecologically unique and culturally significant that is why they are protected as a conservation district. Conservation — not telescope construction — must be focus of all activity there.

Mahalo,
Valerie Loh
Honolulu, Hawaii”

We’ve been talking for a while about possible impacts of genetically modified organisms on conventional crops and/or wild plants and the implications of “escaped genes” on natural ecosystems.

From article in the New Scientist:

NOW it’s official: genes from genetically modified corn have escaped into wild varieties in rural Mexico. A new study resolves a long-running controversy over the spread of GM genes and suggests that detecting such escapes may be tougher than previously thought.

(Mahalo to Judy and Dave for the tip!)

So not only are these rogue, experimental genes escaping into native ecosystems, they’re also harder to detect than we had thought. Sounds like the makings of a perfect invasive to us!

Hawaii is now coming to grips with its multi-million dollar invasive species problem–a crisis that has pushed many native species to extinction and pushed many others to just a fraction of their original range. At the same time, Hawaii has become a hotbed of activity for testing of genetically modified organisms (GMO)–Hawaii is home to more open field GMO tests than any other place under U.S. jurisdiction.

Efforts are underway to pull out the welcome mat from under this new invasion, including a bill to stop the genetic modification of taro–Hawaii’s traditional and sacred food and the state plant of Hawaii. You can take action to support today!

Beach access got a real boost today.  Hawaii’s Senate Judiciary Committee just passed SB 1088, which will help to improve enforcement of public access rights to the shoreline and inland recreational areas.  Yay!

Big Mahalos to everyone who submitted testimony! There is still a chance to help out in this important effort.

The bill is ready to “cross over” to the House of Representatives, where it will go through a similar committee hearing process.  Unfortunately, the first committee that will likely hear this bill declined to hear a similar bill in the past.

To ensure that SB 1088 does not suffer the same fate, please take a moment to contact the Committee’s chairperson, Representative Ken Ito either at 808-586-8470 or repito@capitol.hawaii.gov.  Just leave a nice message encouraging him to hear the bill and help protect beach access in Hawaii.

We can start collecting testimony now in support of this bill by encouraging friends, family, and all outdoor lovers to visit our nifty virtual testimony table. Watch for action alerts in your inbox next month calling for public testimony in support of this and other bills that protect the public’s right to open and safe beach access.  You can sign up with our email action alert network by clicking here.

From Rob Perez’s excellent coverage of the Mauna Kea bills currently moving through the state legislature:

Two bills (HB 1174 and SB 502) giving UH authority over the 11,000-plus acres of ceded lands it leases from the Department of Land and Natural Resources have been approved by two committees each in the House and Senate, worrying environmentalists, Native Hawaiian groups and others.

The bills permit UH to regulate public and commercial uses of the land, and critics believe that authority would be broadly applied. Lawmakers call the legislation a “work in progress.”

“This is a very, very bad idea,” said Marti Townsend, program director of KAHEA: The Hawaiian-Environmental Alliance.

Critics say transferring such oversight to UH would be a huge mistake in light of the school’s poor track record on Mauna Kea and the dangerous precedent the action would set, essentially turning over responsibility for the land to its leaseholder or developer.

See full article at: http://www.honoluluadvertiser.com/article/20090222/NEWS03/902220351/1001

You can help stop UH’s land-grab on Mauna Kea’s sacred summit. After 40 years of mismanagement, tell the State Land Board and the Legislature that enough is enough!

“The University’s lobbyists will say anything to get their way. I heard them tell Legislators they had community consent. I am from the community and tell you what, they have nothing of the sort.” — Kukauakahi Ching, Native Hawaiian Practitioner.

Our sacred summits — Mauna Kea and Haleakala — are protected by law as conservation districts. These are public trust ceded lands–Hawaiian lands–held by the state in trust for the people of Hawaii. Yet, today Mauna Kea’s public lands are exploited by foreign corporations and the University, who are profiting from telescope activities on the summit at the public’s expense.

“The rent from the foreign telescope-owners is 30 years past due–they have paid only $1 a year to misuse Mauna Kea. If the state had been collecting the $50 million dollars a year from these foreign telescope-owners, like we suggested to them years ago, we would not have these budget shortfalls now. Remember, $50 million in 1 year is $100 million in just 2 years. They owe the people of Hawaii for 30 years of back rent. How dare they suggest to short-change the taxpayers now.” –Kealoha Pisciotta, President Mauna Kea Anaina Hou.

Forty years of uncontrolled telescope construction has desecrated cultural sites, contaminated the ground above the primary aquifer, and destroyed 90% of the endemic Wekiu’s habitat. Today, developers are vying to build two new telescopes (along with roads, parking lots, office buildings, and gift shops) on undeveloped habitat around the summit area. One of them — owned by the California Thirty Meter Telescope Corporation — is larger than all the current telescopes combined and will bulldoze the last pristine peak near the summit.

The only thing stopping them is the law. That is why the University is working hard to overturn the laws that currently protect our sacred summits and limit telescope construction. Two courts of law and two state audits have already found that the telescope industry violated the state and federal laws meant to protect Mauna Kea. The only way their future telescope construction plans can go forward is for the University and the telescope developers to change and exempt themselves from these protective environmental laws.

This latest bid to take over Mauna Kea has two fronts:
1. Pressure the Land Board to adopt an illegitimate management plan that limits public access, dictates religious ceremony, and allows UH and telescope developers to pocket public money,
2. Lobby the Legislature to pass one of four bills that will hand-over authority for managing Mauna Kea to the primary developer of the summit, the University of Hawaii.

All of it comes down to the University’s same, long-sought goal: make it easier to exploit Mauna Kea for money. The latest proposal on the table would allow the University to restrict public access (including how and when Hawaiians may worship at the sacred summit), pocket all the money made on Mauna Kea, and exempt themselves from public oversight. This is a public policy and legal nightmare!

“The University wants to gate the road to Mauna Kea–the road was paid for by taxpayers, it’s a public road. The University wants to require Hawaiians to get a permit to worship–Mauna Kea belongs to Ke Akua, they cannot lock the people out of the temple. Even if Hawaiians could get a permit, it would mean they couldn’t bring their non-Hawaiian friends and ohana to ceremony. This is discrimination! Who is the University to say who can and cannot worship?” — Paul Neves, Alii Ai Moku, Royal Order of Kamehameha I.

Your voice can help preserve the sacred temple and delicate ecosystem of Mauna Kea. Take action now to tell the Legislature and the Land Board that Mauna Kea is still not for sale.

From our intern, Koa Luke:

From the Hawaiian Independence Blog.

The Hawaii County Council  is considering use of the 2% funds set aside for Open Space to meet budget shortfalls.

From Debbie Hecht, Campaign Coordinator for 2% for the Land Fund on the Big Island:

2% for the Land fund was a hard won victory for preserving Hawaii County’s treasured places. In 2006, the Save our Lands Citizen committee was formed to run a Petition Initiative drive to set aside 2% of Hawaii County property taxes for Open Space.  In four months, over 200 volunteers collected almost 10,000 signatures. The County Council had to approve this measure to be placed on the ballot after more than 6,000 signatures were disqualified.  At the polls, 63% of voters who voted on this measure voted YES!  A clear mandate that voters in Hawaii County want their treasured lands preserved.

We need a reliable funding source to attract Federal and State matching funds to help acquire properties.

This economic downturn is the time to maximize the $3.5 to $4 million dollars to best advantage. Land values have fallen up to 44.45% (WHT- MLS statistic). Now is the time to buy.  The county can float an Open Space Bond and use the 2% funds to pay the payments to buy land at no additional cost to the County or taxpayers. Our treasured lands can be set aside to enjoy forever.

Full disclosure is needed! How much has been deposited in the Land Fund account since December 2006? When was it deposited?  How much interest has been earned?  How much has been spent and on what properties?  Could this information available to the public in a twice yearly accounting?

Please email the Hawaii Island County Council and Mayor and ask them to leave the 2% fund alone AND to publicly disclose how the 2% money has been spent.

Easy email addresses for cut and paste: dyagong@co.hawaii.hi.us, dikeda@co.hawaii.hi.us,  jyoshimoto@co.hawaii.hi.us, donishi@co.hawaii.hi.us, enaeole@co.hawaii.hi.us,  genriques@co.hawaii.hi.us, bford@co.hawaii.hi.us, kgreenwell@co.hawaii.hi.us, phoffmann@co.hawaii.hi.us, cohmayor@co.hawaii.hi.us

Contact: Debbie Hecht
P.O. Box 4148
Kailua-Kona, HI 96745
808-989-3222

Shared belief in a better future is strong glue in our community, and together we’ve made some huge steps forward in 2008!

The threats are great, and the needs are huge, but no problem is impossible when we answer together. From all of us at KAHEA, a heartfelt mahalo for the difference you continue to make for Hawaii nei.

Mahalo for Taking Action!

As the year draws to a close, here’s a look back at 10 things that YOU made happen:

1. 40,000 signatures defending our right for free public access to public trust resources–mauka to makai, mountains to the ocean. Hundreds rally across Hawaii for their right to reach the beach!

2. 7,000 demand state legislators defend the sanctity and free right-to-grow taro from genetic modification and patenting.

3. GMO-taro and coffee banned on Hawaii Island! 1,200 people ask the Hawaii County Council to protect their communities from the harms and dangers of genetic modification and patenting. The Council listened and acted!

4. Over two-hundred write in support of protecting more critical habitat for the planet’s remaining 1,200 Hawaiian monk seals.

5. Hawaii County Council calls for a halt to live-fire exercises at DU-contaminated Pohakuloa Training Area! 300 people write in support!

6. In a historic decision, a court-appointed hearing officer affirms KAHEA’s standing to participate in first-ever enforcement action for irresponsible coral disease research violations in the pristine and fragile Northwestern Hawaiian Island. Thanks to KAHEA intervention, the enforcement action is upheld!

7. Over 1,000 demand the Navy follow Hawaii’s environmental laws and protect our unique ocean resources!

8. Hundreds write to demand the restoration of water to the streams of East Maui! In a historic decision, the Water Commission requires a portion of the water be returned.

9. Unique tropical alpine ecosystem of Mauna Kea protected from uncontrolled telescope development by the University of Hawaii. Over 550 write to demand the land-giveway on Mauna Kea be stopped! 3 court cases won, construction of 2 telescopes halted.

10. Full conservation of one of the last intact, large-scale coral reef ecosysytems on the planet! 5.6 million people represented in the call for a true pu’uhonua (sanctuary) in the remote and fragile Northwestern Hawaiian Islands.

Mahalo for your Friendship!

It is people that are at the heart of this grassroots movement, people who make things happen. KAHEA represents an incredible ‘ohana of amazing individuals working to protect the things we all love about Hawaii. We were incredibly grateful to have the opportunity to party with so many of you at KAHEA’s Pau Hana! Mahalo to the incredible number of friends (new and old!) who joined us in Chinatown on Wednesday! A great time for talk story, enjoy good eats, good drinks, good music, good art, and good company! To all that were there, and all that were there in spirit, thank you for celebrating with us!

Mahalo for Volunteering !

Mahalo nunui to all the people who took time out of their busy days in 2008 to help in the fight to protect Hawaii nei!

You stuffed envelopes, folded brochures, gathered petition signatures, staffed the KAHEA booth at events, screened t-shirts, filmed hearings, entered data, helped at fundraisers, recruited your friends, and carried lots of heavy stuff! The victories acheived this year would not have been possible without your great energy and unwavering support!

Mahalo to the KAHEA volunteers! Renee M., Stephanie F., Dave R., La’akea L., Marion A., Steve T., Pauahi H., Pomaika’i F., Kamu E., Ikaika H., Kanoa N., Solomon E., Na Maka O Ka ‘Aina, Aunty Isobel, Elizabeth K., Hunter H., Vanesa F., Mina E., Lahela P., Aunty Penny, Daniel A., Anuenue P., Ko’iahi & Ma’aloa, Kealoha D. & ‘ohana, Kaipo’i K. & ‘ohana, Grace K., Uncle Woody, Uncle Glen, Aunty Noreen, Eric E., Don B., Uncle Charley, Uncle Sakae, Kevin C., Stephanie L., Talia Y., Oren T., Alohi A., Evan S., Mr. Tanaka, Keoki K. & ‘opio, Pono K., Jim C & ‘ohana, Mele J., Dar’ron C., Broc B., Serena S., Janice, Kamu E., Shanna B., ‘Olu’olu G., Maile S., ‘I’, Aunty Sharon, Meghan A., Aunty Nani, Aunty Moana, Breton F. and ‘ohana, Michelle M., Norman K., Kumu Malia, Aunty Meala & Uncle Danny, Kira D., See E., Uncle Jan, Hallie L., Richard P., Shannon W., Steve M., Meleanna M., Uncle Maka, Aunty Nancy, Uncle Jerry, Dr. Lorrin, Mele C., Kapaliku S., Chris & Dimi, Uncle Ed Greevy, Emily Y., Mahealani W.–and so many countless others!

Mahalo for Giving!

Countless numbers of you regularly give what you can to support KAHEA financially. Every dollar is put to work to make KAHEA an effective force for change! You keep the lights on here at the KAHEA office–the copier running, the printer going, the website up, and petitions coming in!

Mahalo nui for your support, and for investing in the work that is happening here at KAHEA. We do our fundraising grassroots-style–without corporate or federal dollars. Nothing we do here at KAHEA would be possible without your generous kokua!

When you give, you invest in a ecologically, socially sound future for Hawai’i nei. For those of you who have not given yet, we hope you will consider making a donation (whatever can!) by visiting www.KAHEA.org or sending a contribution to: PO Box 37368,
Honolulu, Hawai'i 96837, Honolulu, HI  96813. Every dollar you give is matched by the Earth Friends Wildlife Foundation.

From our ‘ohana to yours, we wish you all a peaceful and joyous holiday season! We have so much to celebrate and so much for which to be grateful.

Much love and heartfelt thanks from all of us guys at KAHEA!

Friends:  Signing this petition is important if we are going to have sustainable and urban health leadership in the Department of Agriculture.  At the end are some of my thoughts why we need this.

Michael Dimock, president of Roots of Change http://www.rocfund.org/
reports that he was on a conference call with Obama’s transition team last week.
He says that the transition team is aware of the Food Democracy Now petition, and said that 25,000 endorsements would get their attention. Also that 50,000 could really influence Obama’s pick.

As of Monday, December 23, 10am HST the count is 58,862 . While the goal has been reached, more is always a stronger statement.

To reiterate: this petition has the attention of Obama’s team, and they are expected to make their choice public very soon.

http://www.fooddemocracynow.org/

From Kathryn Mathewson:

Some of my reasons why we need this: We need a leader in the Dept. of Agriculture who understands the relationship between healthy food and healthy soil.  We cannot continue to kill our soil and food health with pesticides.  Local urban agriculture will also improve health and reduce our oil consumption.   Also, agriculture is the biggest user of water.  Research shows that healthy soil without pesticides will reduce plant water needs by 50 to 75 percent.  This will help address our drought issues.  We need the discussion of soil biology and agriculture on every level of government (agriculture, HUD, EPA, Health, Commerce, International).  It is vital that a leader in the Dept. of Agriculture understands these issues.

The Mauna Kea Ice Age Natural Area Reserve protects a unique and threatened mountainous desert habitat and Hawaii’s only alpine lake, Lake Waiau. The reserve includes the largest adze quarrry in the Pacific, ancient and modern burials, and Queen Emma’s shrine. These are public trust lands–Hawaiian lands held by the state in public trust for the people of Hawaii.

Now, with only 5 days notice to the public, the Land Board has announced they will consider giving away authority to manage Mauna Kea’s Ice Age Natural Area Reserve to the primary developer of the mountain–the University of Hawaii.

The Land Board will make their decision this Friday. You can click here to tell them: “NO!”

The University has a long-standing interest in developing the public trust lands of the mountain, and benefits financially from the construction and lease of telescopes on Mauna Kea. For 30 years, they have been given free-reign to oversee their own activites with little accountability. Financial interest and lack of oversight have resulted in substantial, significant, adverse impacts to Mauna Kea’s unique and threatened habitats, species and sacred cultural sites.

The reserve lies directly adjacent to the University of Hawaii’s telescope developments. The reserve was created and removed from University control in 1981 because of its significant resources.

The University has long sought more direct control over the mountain. In centralizing oversight under the UH umbrella, they seek to avoid outside accountability, and making future developments easier to push through.

Five Days Notice?
A mere five days public notice is not enough–there can be no true public consultation, community hearings, or public consent to this massive land giveaway in five days!  Which makes us wonder: what’s the rush?

What’s Really Going On?
Today, a new billion-dollar, football stadium-sized telescope is being proposed for the summit–the Thirty Meter Telescope, or TMT. The University is seeking more control–and fast–to allow this four-acre development to move forward as scheduled.

In addition to seeking control of the Ice Age Natural Area Reserve adjacent to the telescopes, UH is seeking new legislation giving them rulemaking authority over the entire summit area.

As it stands, a 2007 state court ruling says the Land Board must prepare and approve a comprehensive management plan to protect Mauna Kea’s cultural sites and natural habitats before allowing any more bulldozers. The intent is to allow time and a honest process for charting a future for the sacred summit of Mauna Kea.

Instead, eager to move forward with the TMT, UH is writing one for themselves. In fact, UH has written a whole series of false “management plans” over the past 20 years and set up a hand-picked advisory board they call the “Office of Mauna Kea Management” (OMKM). The 3rd Circuit Court has struck down every one of these previous UH “management plans.” But UH is not taking “no” for an answer.

Today, UH is pressuring the Land Board to approve its latest false “management plan”– to clear the way for the gigantic Thirty Meter Telescope (TMT) complex the last undeveloped plateau of Mauna Kea’s summit area.

Public Trust Resources for Public, not Private, Benefit
It is the job of the Land Board to protect, conserve and properly manage the public trust lands in the interest of the public and the Native Hawaiians. This means “conservation over development” is bound in their public duty. They are to be independent public servants, serving the public trust resources which are entrusted to them, for the public interest. Board members cannot have an interest–financial or other–in any decision before them.

The University has no such mandate. The University has deeply entrenched financial interests in the continued development of Mauna Kea. The public trust lands of Mauna Kea are being rented for only $1 a year–far less than the fair market value required by law. Under this sweetheart deal, the University takes the public’s lands and resources and offers them to some of the riches countries on earth. But the Public’s resources are not the UH to give away or sale for their profit and gain.

“[UH] focused primarily on the development of Mauna Kea and tied the benefits gained to its research program… at the expense of neglecting the site’s natural resources.” – State Auditor’s Report

Can’t Win in Court? Try Change the Law in Your Favor–Or Ignore the Law Altogether
In 1968, the people of Hawaii agreed to allow one telescope to be built atop Mauna Kea. Today, more than 50 telescope and support structures cover the sacred summit–built without the consent of Native Hawaiians and local communities. For 30 years, local leaders and organizations have united to defend the once-pristine resources of Mauna Kea’s sacred summit from the harms of uncontrolled telescope expansion. They have successfully upheld the law and stopped several illegal and aggressive UH plans for expanded telescope construction.

The people won and the Land Board and the University lost mulitple times in court. The court has affirmed the Land Board’s duty to protect Mauna Kea. Now, UH is seeking to change the rules to give themselves more direct control of Mauna Kea. The University seeks to create a new bureaucracy under the UH system with authority to “manage” the public trust resources of Mauna Kea, despite their already dismal record.

Conflicts of Interest Result in Poor Oversight and Irreparable Harm
- The Hawai‘i State Auditor found UH’s program of self-oversight “inadequate to ensure the protection of natural resources” and “neglected …the cultural value of Mauna Kea.”
- The Auditor’s report stated the University “focused primarily on the development of Mauna Kea and tied the benefits gained to its research program,” and that its focus on telescope construction has been “at the expense of neglecting the site’s natural resources.”
- A 2005 NASA environmental impact statement (EIS) confirmed that the cumulative impacts of the telescope industry on the cultural and natural resources of Mauna Kea have been “substantial, adverse and significant.”

30 years of University control has endangered and desecrated of one of Hawaii’s most precious and sacred places. Enough is enough! Mauna Kea needs accountable decision-makers and legitimate management.

Public trust resources must be managed by the public agency charged with their care–not to those who have a vested financial interest in more bulldozing.

You can tell the BLNR to: Follow the law and uphold their duty to protect and conserve Mauna Kea against any further development. Vote this co-managment agreement down! Click here to send your letter.

From Jim Quirk’s article in Hawai’i Island Daily West Hawaii Today:

The Hawaii County Council voted 9-0 Wednesday in favor of a bill from North Kona Councilman Angel Pilago on its second reading to ban genetically modified taro and coffee.

It was a circus-like atmosphere Wednesday in Hilo’s Ben Franklin building, where the meeting was held. Children played in the hallways outside of the council chambers waiting for their chance to speak along with their parents. A man standing in the hallway corner sang as he strummed the strings of a guitar.
The council, meanwhile, listened to a different tune, one delivered by the seemingly endless convoy of residents who took turns at the microphone to give their two cents on the proposed ban.

About 70 residents testified in Hilo, while about 30 testified via teleconference from the council offices in Waimea and Kona. There have been no major complaints about banning genetically modified taro, but with coffee it’s a different story.

On one side of the debate are those who believe genetic modification of coffee could eventually spell disaster for the island’s coffee industry. Off-island buyers would not be interested in Kona coffee that has been purposely or accidentally genetically modified, the proponents believe.

Then there are residents who believe, among other things, without genetic modification of coffee, there will be no scientific answers when disease strikes and destroys Big Island coffee.

A vast majority of residents who spoke Wednesday said they were in favor of the ban.

Dr. Hector Valenzuela, a vegetable crops extension specialist with the University of Hawaii at Manoa, said he — unlike all of his peers at the college — supports the bill.

He said the scientific community should be concentrating on aspects of agricultural research, such as teaching farmers how to sustain crops without having to rely on chemicals, rather than genetic modification.

Bill proponent Chuck Moss, a Kona coffee farmer, said one potentiality of genetically modified coffee is that experiments in creating coffee trees without caffeine could spread to other trees. If that happened, it would be hard to market Kona coffee, he said.

“How can you tell the difference from a regular tree from a decaf tree, or a regular bean from a decaf bean?” Moss asked.

Hamakua Councilman Dominic Yagong furnished results of a poll he conducted recently that shows 82 percent of 89 Big Island coffee farmers support the bill.

He said during a separate interview that his office identified isle coffee farmers using the phone book, Internet and personal knowledge.

During a previous meeting, representatives of the Hawaii Coffee Council indicated a majority of island coffee farmers are against the bill, Yagong said, which is why he wanted to conduct a poll to find out for sure.

Hilo Councilman Stacy Higa, who voted against the bill on its first reading, said Yagong’s survey changed his mind.

Mayor Harry Kim, who is still not back to work full time because of his recent heart attack, made an appearance early in the meeting and expressed concerns that the bill wouldn’t allow genetic testing of coffee in the lab setting.

He requested the council consider developing a system where research at places like the University of Hawaii at Hilo would be able to continue.

Kim could attempt to veto the bill, but it seems unlikely it would succeed because of the unanimous council vote Wednesday.

October is here, primaries are over, and things are heating up for the upcoming elections! It’s a great time to get involved! Here is the latest–six things you should know and do to protect some of the important places, plants, species and culture that make Hawai’i… Hawai’i! Mahalo for your continued support!

1. Help protect Hawaii Island from GMO-Taro and GMO-Coffee

Love local Hawaiian food and agriculture? Here’s your opportunity to support a historic new law that would ban GMO (genetically modified) taro and coffee on Hawai’i Island! Hundreds have already written letters in support! Mahalo!

Public Hearing in Hilo this Wednesday, Oct. 8th

If you are on Big Island, PLEASE TRY ATTEND!
Ben Franklin Building, 2nd Floor
County Council Office
Day long hearing starts at 10:30 am

This is the final Hawai’i County Council vote on Bill 361. At this critical moment this effort needs massive support more than ever- the local farmers and consumers need help standing up against strong-arming by huge multinational corporations. This bill will prohibit the cultivation, importation, and sale of GMO taro and coffee throughout Hawaii Island and fine any corporation or individual that violates this rule.

So Much Support So Far!
- Introduced by Council Member Angel Pilago, Bill 361 would ban the growing of genetically modified taro and coffee on the Big Island.
- This bill has received overwhelming public and political support, and has already successfully passed through two Council votes to make it to this FINAL VOTE.
- If the bill passes this last vote it will go on for final approval by Mayor Harry Kim of Hawaii County.

Click here to learn more! http://kahea.wordpress.com/2008/10/08/let-hawaii-island-be-known/

2. Help Protect Makua Valley from Expanded Live-Fire Training by the U.S. Army

Over 100 people attended the hearing last night at Nanakuli High School, as again, the Army seeks to expand live fire exercises in Makua Valley on the Waianae Coast of Oahu.

Pre-contact, the valley–called “parent” in Hawaiian–was among of the most productive agricultural lands on the island. Makua is home to Kamuakuopio Heiau, the Makua Koa (fishing shrine), and many other sacred and cultural sites. Live fire exercises also threaten the existence of 41 endangered species of plants and animals which live in and around the valley.

Marti attended the hearing last night and posted this report on KAHEA’s blog.

http://kahea.wordpress.com/2008/10/08/injustice-at-makua/

You can attend one of the public meetings being held at the locations listed below. Each meeting will consist of an open house from 5:30 p.m. – 6:45 p.m., where information will be provided (on the SDEIS), followed by a public comment session from 7 p.m. – 9:30 p.m.

October 7, 2008
Wahiawa District Park Recreation Center
1129 Kilani Ave
Wahiawa, HI 96786

October 8, 2008
Aunty Sally Kaleohano’s Luau Hale
799 Piilani Street
Hilo, HI 96720

October 9, 2008
Waimea Community Center
65-1260 Kawaihae Road

To submit written comments, you can:

email: usaghipaomakuaeis@hawaii.army.mil

mail: USAG-HI Public Affairs Office
742 Santos Dumont
WAAF, Schofield Barracks, HI 96857

fax: 808-656-3162

Attn: Makua SDEIS Public Comments

From our hoa aloha and ‘ohana at DMZ-Hawai’i/Aloha ‘Aina:

“This is an urgent call for all practitioners of aloha ‘aina, to all who love Hawai’i nei to rally to protect Makua.  The Army plans to fire over two million munitions annually – further destroying the beautiful and sacred Makua valley during their proposed 242 days a year of war games. These munitions include the most threatening illumination munitions, 120mm HE mortars, 155mm HE howitzers, inert TOW missiles and 2.75 caliber rockets, some of which will be launched from helicopters, and all of which the Army admits will increase chances of wildfire and “physical damage and loss of mana for the Native Hawaiian culture” (SEIS 4-199).

- The devastating impacts of wildfire caused by Army war games are unacceptable.
- Any further desecration of our sacred sites is unacceptable.
- Limiting access to the valley is not acceptable.

For three decades, the Hawaiian movement for aloha ‘aina has worked to protect Makua valley from the US military. We have been successful, and in the process, have won important religious and cultural access rights, and have temporarily stopped training in the valley. The military wants to reverse these advances, though, by returning the violence of live-fire training to Makua.”

To learn more, you can go to www.dmzhawaii.org or call 808-988-6266.

3. Largest Marine Conservation Area in History Proposed for the Pacific

Through eight years of overwhelming public support, you have helped make the Northwestern Hawaiian Islands (NWHI) the largest marine reserve on earth! Today, President Bush has directed his administration to consider similar protections for a number of large, ecologically important ocean areas in the Central and Western Pacific.  The complete list of areas considered for protection involves seven important reef ecosystems located in the Central Pacific, three islands in the Commonwealth of the Northern Marianas Islands, and the world’s smallest atoll in Samoa.

Of these, most utmost importance to protecting Papahanaumokuakea in the NWHI is Johnston Atoll. This small deep ocean island shares a very important relationship with the newly protected NWHI.  Unfortunately, decades of military use has contaminated the land and surrounding ocean. Serious protections are needed for Johnston Atoll, including a commitment to clean up.

Protecting these areas to the maximum extent (200 nautical miles) would create the largest conservation area in history, and provide conservation and protection for some of the Pacific’s rich natural and cultural heritage. Under this proposal, these native Pacific ecosystems would have a chance at undisturbed survival, free from the threats that are decimating ocean life elsewhere. These islands are among the most intact natural coral reef ecosystems left in the Pacific.

BUT! There is real concern the Bush Administration, under pressure from industry, could allow “multiple use practices” like mineral extraction and overfishing in these areas, harming their native species and ecosystems. Exclusion of “commercial use” and “multiple use management” is precisely why natural and cultural resources in the Northwestern Hawaiian Islands today have a real chance. We today have an opportunity to create a similar legacy throughout the Pacific.

Oahu guys: You can show your support by attending the Honolulu hearing:

Honolulu, Hawaii
Thursday, October 16
6:30pm – 8:30pm
McCoy Pavilion – Ala Moana Park
1201 Ala Moana Boulevard

Everybody: Can support by writing to the Chairman of the Council on Environmental Quality
by mail:
722 Jackson Place, N.W.
Washington D.C. 20503

or

email: chairman@ceq.eop.gov

Learn more:
NY Times Editorial (http://www.nytimes.com/2008/09/03/opinion/03wed2.html?ref=opinion)

Marine Conservation Biology Institute www.mcbi.org

4. Hawaiian Monk Seal May Get More Critical Habitat!

Good news! On Friday, in response to a petition from KAHEA, the Center for Biological Diversity, and the Ocean Conservancy, the National Oceanic and Atmospheric Administration (NOAA) announced it will consider designating additional critical habitat for the highly endangered Hawaiian monk seal in the Northwestern as well as Main Hawaiian Islands. This is an important first step! Hawaiian Monk seals are today one of the most endangered marine mammals in the world.

What will more critical habitat for monk seals do? More critical habitat will require the federal government to limit federal activities that could harm the beaches and nearshore waters used by monk seals. It will prevent the federal government from permitting a private development or constructing a federal highway that might harm protected critical habitat.  It would also give the State access to federal funds to support state efforts to encourage monk seal recovery.

What does it NOT do? This would not in any way limit public access to beaches or give the federal government any new control over our beaches or add any new restrictions on fishing.

The Hawaiian monk seal is on the brink of extinction. It is projected that in a few years there will be less than 1,000 Hawaiian monk seals left in the wild. Without serious action, recovery will soon be impossible. We know that protecting our beaches and nearshore waters are critical to the survival of this endemic Hawaiian species, and we’re working to make it happen. Public participation will be needed to support this effort in the coming months, so please be on the look-out for monk seal action alerts! Still want to learn more?  More information available at www.KAHEA.org.

5. Sifting through the Shibai: Some Truths About Development on Mauna Kea

The astronomy industry and their friends at the University of Hawaii (UH) and  are at it again–proposing not just another telescope but a gigantic 30-meter telescope (TMT) with a dome the size of a modern football stadium.

Moving Forward and Undermining Protections

Proponents of the TMT propose to level the last pristine plateau to build the mammoth structure. They announced last week that despite long-standing community opposition, they will go ahead with an environmental impact statement (EIS), signaling that they intent to move forward with development. The EIS is required by state law for any kind of construction in State Conservation Districts (like the one protecting the entire summit of Mauna Kea).

At the same time, UH is trying to undermine the legal protections against excessive telescope construction on Mauna Kea by hiring a private firm, Ku’iwalu, to push through UH’s management plan and EIS.

So, why is UH so eager to write a plan for the future of Mauna Kea? Answer: The TMT.

Here’s what they’re NOT telling you:

- UH doesn’t have authority to write a management plan for the summit. The BLNR is the ONLY entity statutorily and constitutionally mandated to oversee the protection, conservation and preservation of Mauna Kea. Not the UH, OMKM, UC-Caltech or anyone else.  Recently, the Third Circuit Court ordered the state Board of Land and Natural Resources (BLNR) to prepare and approve a comprehensive management plan for the conservation district on Mauna Kea–not UH.

- There has been no authorized plan for Mauna Kea since 1985, and the terms of that plan have been repeatedly violated by UH. The last BLNR management plan for the summit conservation district was completed by DLNR staff in 1985.  The 1985 Plan set limits on the size and number of telescopes allowed in the Mauna Kea Conservation District. That Number was 13 (11 major and 2 minor telescopes). UH has repeatedly violated that limit by building the Very Large Base Line Array (VLBA), Smithsonian Millimeter Array (the SMA has 24 telescopes pads and support structures that spans an area over half a mile across) and the Gemini North Telescope.

UH and Kuiwalu are continuing to claim they can do a “new” management plan for Mauna Kea instead of BLNR, despite the Court’s order.  But this isn’t new.

UH has attempted to pass off numerous plans as the “new” comprehensive management plan, but the Third Circuit Court struck down all of them, including UH’s 2000 Master Plan. This means UH’s 2000 Master Plan, and everything set up through it, has no effect or force of law–including the Office of Mauna Kea Management (OMKM). The OMKM has no authority to oversee the management of Mauna Kea.

The Law is Clear
There is no law that gives UH or the telescope industry the right to develop and destroy the unique natural and cultural resources of Mauna Kea, but there are many state and federal laws that require Mauna Kea be protected for its religious, cultural, and ecological importance.

No new telescope development proposals until a true, proper, and public management plan is in place! The TMT and UH are just gonna have to wait until the community can genuinely come together and work out the priority needs of the summit in order to truly protect the rare ecosystem and unparalleled spiritual and cultural significance of Mauna Kea.

read more: “First Light Far Off, If Ever” in the Hawai’i Independent

http://www.hawaiiindependent.net/featured/2008/09/29/first-light-far-off-if-ever/

6. Historic Water Win in East Maui – MAHALO PIHA to all who participated!

A big MAHALO! is due to the hundreds of people who responded to the call from taro farmers! They submitted testimony in droves and packed the room at the Water Commission hearing last Wednesday in Haiku-to demand that East Maui Irrigation Company (EMI) stop diverting every last drop of water from the streams of East Maui.

The Commission took two days’ worth of public testimony and ultimately agreed with the taro farmers, scientists, and general public that EMI is diverting too much water from the East Maui watershed.  The Water Commission ruled that EMI must return at least 12 million gallons of water a day to 8 of the 27 streams at issue, in order for the native stream life to survive.

This is a historic decision was made possible only by the consistent and growing public pressure to uphold the constitutional rights of taro farmers and the legal obligations of the state to protect native ecosystems against the profit-seeking interests of corporations.  Mahalo piha to everyone who took the time to participate.  This decision will serve as a model for water restoration efforts throughout the islands.

But there is still much more to do to restore the full vitality of East Maui’s taro patches and diverted streams all throughout our islands, so please watch for more calls to kokua from Hawaii’s taro farmers.

In the meantime, you can to read the mahalo from the East Maui taro farmers. http://kahea.wordpress.com/2008/10/01/water-win-hundreds-responded-to-taro-farmers-call-for-help/

Mahalo to all who give! These e-newsletters, as well as all the work we do at KAHEA, is possible only through the support of individuals like you! We are committed to raising our money grassroots-style. And in the spirit of keeping it real, we do not solicit or accept any corporate or Federal money. This makes your support all the more important!

You can support KAHEA’s work by making a contribution online or by mail to PO Box 37368, Honolulu, Hawai'i 96837. MAHALO PIHA!

Art kindly donated by Solomon Enos, Hawaiian Artist/Farmer.
Support Native Art! www.HawaiianArtPlaza.com

A big MAHALO! is due to the hundreds of people who responded to the call from taro farmers! They submitted testimony in droves and packed the room at the Water Commission hearing last Wednesday in Haiku–to demand that East Maui Irrigation Company (EMI) stop diverting every last drop of water from the streams of East Maui.

The Commission took two days’ worth of public testimony and ultimately agreed with the taro farmers, scientists, and general public that EMI is diverting too much water from at least 8 of the 27 streams at issue.  The Water Commission ruled that EMI must return at least 12 million gallons of water a day to those 8 streams in order for the native stream life to survive.

This is a historic decision was made possible only by the consistent and growing public pressure to uphold the constitutional rights of taro farmers and the legal obligations of the state to protect native ecosystems against the profit-seeking interests of corporations.  Mahalo piha to everyone who took the time to participate.  This decision will serve as a model for water restoration efforts throughout the islands.

Here is the mahalo we got from the attorney for the taro farmers in East Maui, Alan Murakami with the Native Hawaiian Legal Corporation:

Mahalo nui loa for all the help…  I think it really helped get the word out and I was impressed by the hundreds that responded to our call for help.

There is still much to do during the so-called “Adaptive Management System” being overlaid on this decision.  It simply means that the staff will use the next year to do what it was supposed to do before the decision on appurtenant rights…

In short, I think the community pressure put on the company and the commission worked wonders.  You should congratulate yourself for the supportive work you did.  Now the implementation… more work to do and I hope I can count on all of you to post the updated information as it becomes available – both good and bad.  I certainly think the news of the almost miraculous restoration of conditions at the muliwai is one of the headline things to report.

The fight continues today with a contested case hearing in Haiku to invalidate the leases improperly issued to EMI and its parent corporation, Alexander & Baldwin, for use of the land where the diversions are located.  Whatever the outcome of this contested case, history has already been made in East Maui and nothing can stop the people-powered momentum towards restoring all the streams that have been improperly and immorally diverted from their nature course for far too long by multi-national industrial agriculture corporations. Stay tuned for updates on this string of historic decisions.

Mahalo nui loa to the people of East Maui for continuing this historic fight, and their legal team at the Native Hawaiian Legal Corporation.

Life is where the water is.
As the Hawaiian kupuna and natural resource experts had foretold- just one month after restoring stream flow to Waikane stream, in Wailuanui East Maui, native marine life has already re-inhabited the stream, estuary (muliwai) and bay. The local community can finally return to their traditional practices such as farming, fishing, and enjoying the cool water recreationally. It had been 30 years since the Waikane native ecosystem existed in its natural healthy state. It is hoped that coming generations will not have to experience the environmental devastation that the community has suffered without water.