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News, updates, finds, and stories from staff and community members at KAHEA.

News, updates, finds, stories, and tidbits from staff and community members at KAHEA. Got something to share? Email us at: kahea-alliance@hawaii.rr.com.

Natural Rights: Not Ours, But Nature's

From:  Andrea

Most people are familiar with our inalienable natural rights, as John Locke summed up as life, liberty, and property.  But what about nature’s right to exist, flourish, and naturally evolve?

These are the inalienable legal rights that the town of Shapleigh, Maine, voted to grant to nature last February.  Now, in the town of Shapleigh, population 2,326, natural communities and ecosystems are endowed with these inalienable, fundamental rights, and any town resident has “standing” to bring a lawsuit on behalf of natural communities and ecoystems.

Read the Boston Globe article here:

http://www.boston.com/bostonglobe/ideas/articles/2009/07/19/should_nature_be_able_to_take_you_to_court/?page=1

Shapleigh is on the right track.  While critics may argue there are too many potential litigants, ranging from the Kukui tree to the Waimea River, there exists an entire planet of species and ecosystems deserving of the right to exist.  And, sadly, counts of these potential litigants are diminishing.  See:

http://www.alertnet.org/thenews/newsdesk/N01296862.htm

The above article, published July 2, reports that more than 800 animal and plant species have gone extinct in the last five-hundred years, with almost 17,000 threatened with extinction now, according to a recent International Union for Conservation of Nature report.  The track record shows that we are failing at conservation.  Endowing nature with the right to exist may bolster our efforts at conserving biodiversity.

Apparent in many facets of our social structure, we have consistently valued profit above nature.  After all, corporations have long had the legal status of a “person” and the corresponding rights, including ability to sue.  If corporations are “persons” in the sense of legal status and rights, then what is the problem with nature possessing rights to exist?  Nature is fundamental to our own existence, quite unlike corporations.

We are behind the time in recognizing nature’s rights.  Notwithstanding the dire situation of lost biodiversity, concepts of an ethical relationship with nature have been around for at least 100 years.  Aldo Leopold, an early environmentalist, wrote about his “land ethic” in A Sand County Almanac.  Based on the idea that ethics should be expanded to encompass nonhuman members of the biotic community, Leopold summed up his land ethic as follows:  “A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community.  It is wrong when it tends otherwise.”  If we humans were on board with this profoundly simple land ethic- and had been during our last couple hundred years of pillaging-, then perhaps we would not be in the situation of having to pass town ordinances to grant nature the right to exist.

But, alas, so is human nature.  Our attempts at control have led us to a precarious precipice:  here, at the edge of continuing to diminish biodiversity, we have a choice.  The town of Shapleigh recognized this watershed moment and stepped in the direction of preservation.

If my town votes for a similar ordinance, you bet I’ll holler aye.  And, when critics question, “how do we know what nature wants?” and argue that the interest is actually ours, I’ll have my response.

Sure, we humans may be the ones instituting this groundbreaking regime of granting legal rights to biota.  But in reality, the idea of humans bringing these suits on behalf of nature is not so far-fetched.  After all, people serve as trustees to bring suits on behalf of incompetent people and trust beneficiaries.  Human implementation of nature’s rights is requisite:  the law is our system, and our impacts and attempts to control ecosystems thus far have led to the gross loss in biodiversity.

Humans- but not corporations- are a part of the planetary ecosystem.  We are not the operators behind an enormous control panel, like we have long been masquerading.  As a single species, we should make room in our legal and socioeconomic structures for the other species to survive, lest we deprive them all of their right to exist.

We should be celebrating and wholeheartedly codifying nature’s right to exist, flourish, and naturally evolve.  Without nature, without Earth, homo sapiens would not exist.

Ho’okahi No Ka ‘Aina A Me Na Kanaka.

32 Tons of Marine Litter Removed: Sadly, the Tip of the Iceberg

From:  Andrea

The U.S. Coast Guard removed 32 tons of debris from the Northwestern Hawaiian Islands over the Fourth of July weekend.  Much thanks to the Coast Guard for ameliorating the health of our oceans!  See the Honolulu Advertiser article:

http://www.honoluluadvertiser.com/article/20090713/BREAKING01/307130004/U.S.%20Coast%20Guard%20removes%2032%20tons%20of%20debris%20from%20Northwestern%20Hawaiian%20Islands?GID=e/Si+j1sOYkNlMXAMxQScaqw1wgB5/Nurtn+5iNvNh8%3D

While I am glad that efforts to clean up marine litter are taking place, especially in such an  irreplaceable, nationally protected locale, 32 tons is only the tip of the iceberg.  The scale of this problem is vast.  Marine litter filling our oceans is a global problem affecting all people and nations.  Marine litter, of which 80% are plastics, harms marine life, degrades human health, and results in tremendous social, economic, and cultural costs.

The United Nations Environment Programme recognizes this immense ocean dilemma that affects everyone.  In April 2009,   the UN Environment Programme released a report titled “Marine Litter:  A Global Challenge.”  Find the report at:

http://www.unep.org/pdf/UNEP_Marine_Litter-A_Global_Challenge.pdf

“There is an increasingly urgent need to approach the issue of marine litter through better enforcement of laws and regulations, expanded outreach and educational campaigns, and the employment of strong economic instruments and incentives,” the report says.

The report also notes that the “overall situation is not improving.” Thank you, Coast Guard, for your part.  But, we must do our part, too.

What can you do to help reduce marine litter?

  • Keep streets, sidewalks, parking lots, and storm drains free of trash to prevent washing trash into the ocean and waterways.
  • Take reusable items- and less trash and throw-away containers- to the beach.
  • At the beach, be sure to recycle what you can and throw the rest of your trash into trash cans.  Do not leave trash or anything else, like plastic toys or containers, at the beach when you leave.
  • Pick up debris that other people have left; recycle what you can, and throw the rest away in a trash can.
  • When fishing, take all of your nets, gear, and other materials back onshore to recycle or dispose of in a trash can.
  • If you smoke, take your butts with you, disposing of them in a trash can.
  • When boating, stow and secure all trash on the vessel.
  • Participate in local clean-ups.  Here’s one resource:  http://www.adoptabeachhawaii.com/
  • Reduce, reuse, recycle.
  • Serve as an example to others.

Legality of Shark Tours Debated

Posted by alanakahea at Jul 07, 2009 08:33 PM |

From Alana:

A proposed shark tour business was shut down in Hawaii Kai earlier this year because of opposition from the community. Controversy is now focused around the two main business on the North Shore: Hawaii Shark Encounters and North Shore Shark Adventures. There is a law that states, “it is unlawful to use food or any other substance in federal waters off Hawaii to attract sharks unless they are being caught or killed for human use”. Michael Tosatto, the deputy regional administrator with the National Marine Fisheries Service says, “Shark-encounter tours are not what’s illegal. Shark feeding is what’s illegal”, and it is known that these business chum the water to attract the sharks. Some are even hand fed.

Not only is it bad for these animals to become accustomed, and perhaps dependent on being fed by humans, it is also very dangerous. The sharks could start to associate food with humans, thus increasing the possiblility for attacks.

Here is the full article from the Star Bulletin


Don't worry shorelines, help is on the way!

From Melissa:

Federal stimulus money will soon be used to put people to work restoring our shorelines and increasing coral reef health.

The National Oceanic and Atmospheric Administration will send more than $6 million in federal stimulus money to support two Hawaii projects dedicated to restoring shorelines.

On Oahu, NOAA announced today that The Nature Conservancy and Malama Maunalua’s invasive algae removal project will receive $3.4 million in federal stimulus money to create 73 new jobs and restore marine habitat in Maunalua Bay.

NOAA said it also will send $2.69 million in stimulus money to the Kohala Watershed Partnership as a coastal restoration grant to improve conditions at the Pelekane Bay watershed on the Big Island.

NOAA received $167 million in stimulus funding and today announced the selection of 50 high-priority projects that will support more than 5,000 jobs and help restore American shorelines.

To read the full article, click here.


Wanted: Old Seal Stories

As part of ongoing efforts to protect endangered Hawaiian monk seals, federal officials are turning to old Hawaiian chants and songs. The purpose: to battle misperceptions that the Hawaiian monk seal is an invasive species that does not deserve protection.

“This ain’t the mongoose; this animal was here before any of us,” says David Schofield, Monk Seal Coordinator for the National Oceanic and Atmospheric Administration.

The problem, however, is to document the animal’s presence here.  To that end, NOAA is working with Hawaiian cultural experts to find references to the monk seal in traditional oli and mele.  NOAA also is asking people to ask kupuna if they know of any old stories involving the sea mammals. The point, Schofield says, is not to invent tall tales about seals, but document the animals’ presence through oral histories and other documents. 

For instance, Schofield says, volunteers interested in helping might research archives, such as the Bishop Museum, to find old references to the animals.

This research is just a small piece of what NOAA is trying to do to help the seals. The agency is charged with protecting beached seals, rescuing animals that have been hooked or entangled in fishing nets, counting seals, relocating animals that become too habituated to people, and informing the public about the animals. Part of this public outreach campaign lately has involved dealing with a growing rumor: that monk seals are not from here.  This ugly rumor has led some people to refuse to give monk seals the deference the animals deserve when it comes to sharing the water. And that’s a problem.

Known in Hawaiian as ‘Ilio holo I ka uaua, or the dog that runs in rough water, the Hawaiian monk seal has been recorded in the islands as far back as the 19th century.

Hooray for No Bioprospecting in the NWHI!

From:  Andrea

Good news:  bioprospecting is now prohibited in the Papahanaumokuakea Marine National Monument!

KAHEA has been pushing for this prohibition from the beginning of the Northwestern Hawaiian Islands’ protection.  State permits have prohibited bioprospecting for some time.  But, with only permits issued in the state refuge prohibiting bioprospecting, the entire Monument was not protected.

But, now, the federal co-trustees are prohibiting bioprospecting, too.  KAHEA’s victory is evident in the Final Monument Management Plan where the prohibition on bioprospecting is required on all permits issued in the Monument.

Prohibiting bioprospecting in this irreplacable locale is necessary to protect fully the Monument and its cultural and natural resources.  Bioprospecting, essentially, entails the search for new chemical compounds, genes, and their products in living things that will have value to people, often through development of marketable commodities like pesticides, pharmaceuticals, and cosmetics.

Thanks to the prohibition, our public trust resources are prioritized for their conservation, not their profitability.  No opportunity to plunder for profit in the Monument- at least not legally.

Commenting on the Draft Science Plan, KAHEA continues to urge for responsible science in the Monument.  To learn more about responsible science:

http://www.kahea.org/more.php?id=451_0_3_0_C


Shrug it off or contemplate security on the ground level?

From:  Andrea

The article says Hawaiians are shrugging off the North Korean missile threat.

http://www.nytimes.com/2009/06/23/us/23hawaii.html?ref=americas

After all, Hawaiians are accustomed to the various threats and dangers of inhabiting the Planet’s most isolated archipelago. We are out here far from quick and convenient aid from the mainland.

But, perhaps, this threat should be an opportunity to reconsider how secure and independent Hawaii truly is, out here in the middle of the Pacific.  While it may not be time to start worrying about missiles and the universe of possible terroristic threats, which may be unstoppable on a community level, the time is ripe to consider security the people of Hawaii can control.

For instance, food security is something as tangible as dirt in your hands and food in your belly.  Obvious to everyone who buys groceries around here, a huge amount of food sold in stores is imported, reflected by the price.  The exact percentage of imported food may be debatable, but the need for more food production here in Hawaii is undebatable.

What’s an easy way to improve food security here in Hawaii?  Support local farmers markets!  For instance:

Kapiolani Community College Farmers Market

4303 Diamond Head Road
Honolulu, HI 96805

Saturdays, 7:30 a.m. – 11 a.m.

For more info, see:

http://www.yelp.com/redir?url=http%3A%2F%2Fwww.hfbf.org%2FFarmersMarketKCC.html&src_bizid=C8YdYCAIXm0YhevbXuDqzA


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