LIFE OF THE LAND Hawai`i’s own local environmental and community action group ______________________________________________________________________________ Board of Land and Natural Resources Aloha Chair Young and Members of the Board! My name is Kat Brady and I am the Assistant Executive Director of Life of the Land. Our mission is the preserve and protect the life of the land through sustainable land use and energy policies and to promote open government through research, education, advocacy, and litigation. Life of the Land continues to be saddened by desecration of the sacred temple, Mauna Kea. Just last week we testified at the public hearing for the proposed NASA Outrigger Telescopes project and we are currently reviewing the Draft EIS for that project. The DEIS preface states: “Snow often whitens the summit in winter, and the name Mauna Kea is often translated in English as White Mountain. In Native Hawaiian traditions, however, ‘Kea’ is also the abbreviated form of Wakea, the great sky god who, together with Papa, the earth mother, and other gods and forces created the Hawaiian Islands. The summit is the meeting point of Wakea and Papa. In this cultural context, the island of Hawai`i was the first-born offspring of this union, the eldest of the islands. Wakea and Papa also became the parents of the first Native Hawaiian man, Haloa, the first ancestor of the Hawaiian people. These beliefs about Mauna Kea make it highly significant and spiritual place to ! the Hawaiian people.” Over the years Henry and I have spoken to many kupuna, some whom have since left this world but continue to guide us, and the overwhelming comment we hear from them is that the astronomy community needs to share their resources, not continue to develop Mauna Kea. Auntie Eleanor Ahuna explained what Mauna Kea represents to the native people to us many years ago. When the Polynesians first came to Hawai`i, Mauna Kea was the first land they saw from their canoes. The sight was so overwhelming to them that they have identified Mauna Kea as the piko (umbilical cord) ever since. That connection is indelible to the Kanaka Maoli and one that continues to be a guiding force for the first people of this land. Life of the Land has been providing testimony and comments on documents about the astronomical development on Mauna Kea for many years. In the late 1990’s, the scientific community acknowledged the destruction and desecration they have wreaked on this sacred temple. In their public mea culpa, they told the community that they had learned and recognized the error of their ways. They promised that they would be more mindful of the sacred ground they had defiled, while they were searching for the origins of life in the heavens. I was so saddened when I had the privilege of going to the summit to see that this sacred resource had be turned into an industrial park. I was struck by the disregard of the astronomers who seemed oblivious to the destruction they were causing. To quote the poet Arundhati Roy: "I think my eyes were knocked open and they don't close. I sometimes wish I could close them and look away... But once you've seen certain things, you can't un-see them, and seeing nothing is as political an act as seeing something." While the scientists are searching for the origins of life, they are destroying the very sacred ground on which they are standing. This enforcement action is proof that they have not learned anything and continue their despoliation of this hallowed place. The staff found that: 1. That the UH did in fact, authorize, cause or allow the unauthorized nine violations to occur at the James Clerk Maxwell Telescope (two parabolic antennas, a weather tower, trash and crates); the Subaru Japan National Large Telescope (seepage pit collar at Pu`u Hau`oki, a weather tower, a storage container); and Smithsonian Astrophysical Observatory Sub Millimeter Array (construction materials, a storage container, concrete pads) to occur; 2. That UH unauthorized land uses are of a serious nature; 3. That the unauthorized land uses occurred with the State Land Use Conservation District, Resource subzone; and 4. That UH was aware of the location of Conservation District boundaries. These violations were noted in the 1998 audit. We wonder why it has taken so long for an enforcement action, but we are glad that it is finally happening. The staff recommendation states that they are ‘particularly concerned about this case in that the violations occurred at the summit of Mauna Kea which is considered culturally significant. Staff notes departmental records do not indicate any approvals were received for the alleged violations.’ Their report unequivocally states that ‘it is the responsibility of the UH to be knowledgeable of and enforce the various telescopes and/or observatories CDUP’s terms and conditions as approved by the Board.’ The staff believes, and Life of the Land concurs, that these are serious violations, which is why they are referring this matter to the Board rather than to a Hearing Officer. The staff also notes that UH should be held accountable for the nine violations that occurred within the telescope and observatory facilities in the Mauna Kea Science Reserve, and recommends the Board fine the UH $2,000 per violation for each of the nine violations - $18,000 - plus $2,000 to go to the Office of Conservation and Coastal Lands (OCCL), for a total fine of $20,000. We understand that the statute states: §183C CONSERVATION DISTRICT Powers and duties of the board and department. The board and department shall: ... (7) Establish and enforce land use regulations on conservation district lands including the collection of fines for violations of land use and terms and conditions of permits issued by the department. [L 1994, c 270, pt of §1] §183C-7 Penalty for violation. ...(b) Any person violating this chapter or any rule adopted in accordance with this chapter shall be fined not more than $2,000 per violation in addition to administrative costs and costs associated with land or habitat restoration, or both, if required, and damages to state land. After written or verbal notification from the department, willful violation of this section may incur an additional fine of up to $2,000 per day per violation for each day in which the violation persists. [L 1994, c 270, pt of §1; am L 2003, c 16, §1] Unfortunately, we believe that the scientific community will just see this penalty as ‘the cost of doing business’ and that it will have no real impact on them or on their business practices. We hope that the Attorney General will assess penalties that will be more meaningful and perhaps get the attention of UH that their actions will be monitored and are completely unacceptable to the Board, as stewards of this public trust resource. It appears to us that monitoring UH IFA is a full-time job, and we urge the AG to assess appropriate penalties to reflect this. It is obvious to us that UH IFA has not learned anything from the decade of public hearings on the over-development of Mauna Kea. How can the community, and especially the Kanaka Maoli, who are deeply connected to Mauna Wakea, trust that the astronomy community’s practices will change? History has proven that the scientific community are ‘bad actors.’ They promise to do better when they are caug! ht, but revert to their old ways over and over again. Life of the Land is deeply concerned with the cultural violation of Mauna Wakea. The continued desecration of Pu`u Hauoki is so hewa. The NASA DEIS describes it as: “Kukahau`ula summit cones (site 21438). These cones (including Pu`u Hau`oki) are considered eligible for the National Register of Historic Places (NRHP) because of their association in Native Hawaiian mythology with Wakea, the sky god and ancestor of the Hawaiian people, and with Kukahau`ula, a male deity, who has been identified as a form of the god Ku and the lover of Poli`ahu. Kukahau`ula is also identified in Hawaiian traditional histories and genealogies as a chief, an `aumakua (family deity) of fishermen, and the husband of Lilinoe. The summit is thus associated with the activities of Hawaiian deities, and appear as the focal point in numerous legends and oral histories. These cones are also critical landscape elements in maintaining the integrity of Mauna Kea.” HAR SUBCHAPTER 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS - §13-5-30 (5) states “The proposed land use, including buildings, structures and facilities, shall be compatible with the locality and surrounding areas, appropriate to the physical conditions and capabilities of the specific parcel or parcels;” Please make it clear to UH IFA that the Board has the power to revoke their permit as §13-5-44 states: “Revocation of permits. In any case where a permittee has failed to comply with any of the conditions contained in a permit, the board may direct the chairperson to revoke the permit. [Eff DEC 12 1994] (Auth: HRS §183C-3) (Imp: HRS §183C-3, 183C-7)” We suggest that the concrete pads be removed and no After-The-Fact permit be issued, but if it is, we would like it to be at a public hearing, so the community can weigh in. Board members, the community is at its wits end dealing with the promises and lies from UH IFA. Please do everything within your power to assure us that these egregious violations will be dealt with the severity with which they have desecrated this holy place. |