Northwestern Hawaiian Islands

In June 2006 an unprecedented peoples’ victory was achieved in the designation of the Northwestern Hawaiian Islands as a Marine National Monument (944kb pdf). Widespread and consistent public support was pivotal to the creation of the largest Marine Protected Area. What Monument Will Do: A Summary

But it’s not over!

Right now, public access to NOAA’s activities is curtailed. We cannot review access or research permits, the citizen advisory council is in limbo and the public is not being consulted in the preparation of the Draft Management Plan. Continued vigilance and active public involvement is essential to ensure that the Monument has a rigorous management document that reflects the stated goal of protecting this ecosystem in it’s natural state (123kb pdf). Boatloads of researchers have targeted French Frigate Shoals, the most fragile area in the Monument and critical to the survival of vulnerable monk seals. 24 permits to the Monument were issued in 2006.

Unfinished Issues

A) An ecologicallysound and culturally - appropriate Draft Management Plan must incorporate the goals and objectives of the NWHI Coral Reef Ecosystem Reserve (123kb pdf) and provide a significant amount of time to provide public comment. We understand that the Draft Management Plan will be completed and released to the public in sections. The proposed timeline for the first section of the plan is not known.

B) Re-convene the Citizen Advisory Council for continued oversight of the management of the NWHI Monument. Ongoing citizen oversight is essential. NOAA must not continue to operate in the shadows. NOAA has not convened the six year Reserve Advisory Council since the establishment of the Monument. Transparency is not negotiable. We call for ongoing citizen oversight of all Monument decisions.

C) The permitting process for NOAA and USFW needs to be open and transparent. They should follow permitting guidelines for the State Refuge (66kb pdf). Citizens should have 45-60 days to review all permits for the NWHI Monument. We have a right to provide input into activities that are proposed for this public trust resource.

D) A pono research agenda that reflects the true needs of the resource, not the desires of “collectors.” We must remember that in managing the the resource means limiting human activity.

Regulations implementing the Monument (320kb pdf) proclamation were issued by the Department of Interior’s U.S. Fish and Wildlife and Department of Commerce (NOAA) on August 29t h. These regulations essentially reflect the intent and directives in the proclamation and codify specific goals of strong protection measures and the prevention of harm. The proclamation and the regulations clearly stipulate that U.S. Fish and Wildlife will share management of the NWHI Monument with NOAA, in close consultation with the State—all of which are co-trustees of this extraordinary public trust resource.

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Mauna Kea

The NEW Mauna Kea Management Plan: Mobilizing Public Involvement

A 3rd Circuit Court ruling on a case brought by Mauna Kea Anaina Hou, Royal Order of Kamehameha I and Hawai‘i Island Sierra Club
(154 kb pdf), revokes NASA’s and UH’s joint permit to build six new telescopes and requires the University of Hawai‘i Institute for Astronomy (UH IfA) to develop a comprehensive management plan prior to future development on the sacred summit of Mauna Kea. This phenomenal victory underscores the importance of küpuna and others calling for justice on the Mountain. We support them in stating, “Enough is Enough! No Further Development on the Sacred Summit.” Full court ruling (574kb pdf).

The plan must go through public hearings and be approved by the Board of Land Natural Resources. This decision presents a unique and critical opportunity to ensure that the plan reflects Native Hawaiian cultural and religious rights, adequately assesses the carrying capacity of this fragile unique alpine summit ecosystem and protects the sole source aquifer for Hawai‘i Island. We must also call on UH and DLNR to ensure that this process is open and tra n s p a rent and that people are informed well in advance about opportunities for public input.

At least five telescopes are being planned for construction on the summit, including the world’s “Largest Next Generation Telescope,” a massive 36-acre complex intended for a pristine pu‘u (cinder cone).

Hazardous solvents and large amounts of elemental mercury are used extensively in the telescope industry—threatening contamination of the sole source aquifer that serves the entire Island. Native Hawaiian culture is jepardized as massive multiple-storied structures block view planes, threaten burials and heiau and impact Hawaiian access. The integrity of Lake Waiau is being compromised, as is the habitat for the gravely endangered Wëkiu bug, currently pursued for listing as an endangered species by the Center for Biological Diversity.

KAHEA will continue summon strong public support to ensure that the court-ordered management plan truly reflects Native Hawaiian cultural and religious rights, adequately assesses threats to this fragile unique alpine summit ecosystem and protects the sole source aquifer for Hawai‘i Island. We will work with our colleagues to facilitate public involvement in this essential opportunity.

The challenge before us: Insist on transparency of this process and ensure that the plan is science-based and accurately reflects the carrying capacity of the mountain.

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Genetic Engineering

Judge Rules Bio-pharm Permits Illegal
KAHEA Lawsuit Halts Open Field-testing of Bio-pharmaceuticals

A local Federal Court ruled in favor of our challenge to USDA’s failure to protect the environment from impacts of open field-testing of plants genetically engineered to produce pharmaceuticals. Earthjustice senior attorney, Paul Achitoff, argued the case on behalf of KAHEA, Center for Food Safety, Friends of the Earth, and Pesticide Action Network North America.

On Aug. 10, 2006, Federal Court Judge Seabright held that the United States Department of Agriculture (USDA) and the Animal and Plant Health Inspection Service (APHIS) violated both NEPA and the ESA by authorizing Monsanto, Prodi- Gene, Hawai’i Agriculture Research Center, and Garst Seed to field test crops genetically engineered to produce pharmaceuticals.

This is an important victory because it requires monitoring and oversight and a much more rigorous assessment of an area proposed for biopharm crops. Currently no biopharm crops are being grown in H awai‘i. Read the Court’s Decision (145kb pdf), get an overview of the case (117kb pdf). To learn more about Biopharm issue: visit the Union of Concerned Scientists, read the executive summary to “A Growing Concern.” (91kb pdf)

Say No to Nuclear Food!

Stop the Proposed Honolulu Irradiator

Efforts to build an nuclear food irradiator in Honolulu have been slowed down to allow for an “environmental assessment” and a public hearing. The Nuclear Regulatory Commission ruled in favor of a petition presented by Earthjustice on behalf of Concerned Citizens of Honolulu to require an “environmental assessment” of a Cobalt 60 food irradiator proposed adjacent to the Honolulu International Airport, which is in a tsunami zone.

The petition challenges the vulnerability of the site to airplane crashes, tsunamis, hurricanes, floods, terrorism, etc. The proposed nuclear irradiator would treat fruits with radioactive Cobalt 60 in preparation for export. The fatally flawed technology must be addressed beyond the obvious problems with the proposed location. Despite 50 years of experimentation, testing, aggressive marketing (much supported by tax dollars), food irradiation has not proven to be a viable method to treat food.

The NR Commission is requiring the preparation of an Environmental Assessment and requiring that at least one hearing be held in Honolulu. Written comments will also be accepted. The document may be released sometime in December 2006. Please be prepared to provide critical input on this ill-conceived and inappropriate technology. Irradiation has been soundly rejected by consumers and proposals to build irradiator facilities have been rejected throughout North America. Don’t let Hawai‘i become known as the nuclear food capitol.

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Cruise Ship Pollution

Cruise Ship Pollution Solution

Alaska Citizen Initiative WINS!

A three-year citizen’s ballot campaign designed to offset the impacts of cruise ships, has prevailed in spite of the industry ’s multi-million dollar effort to defeat the measure. Cruise ships are now required to charge passengers a $50 tax to be used by the state of Alaska to maintain the infrastructure necessary to off set Alaska’s costs associated with supporting the nearly one million annual cruise visitors. The industry is also required to pay tax on income generated in Alaska, including revenues from on-board gambling, which they have avoided through the familiar loophole of being a “foreign flagged vessel.”

No doubt the Alaska legislature will be bombarded with industry pressure (money) to strip these important provisions and minimize their reporting requirements. Stay tuned and we’ll let you know how we can help protect Alaska’s residents and marine resources.

The 2005 Hawai‘i state legislature failed to pass legislation to stop cruise ship activities that threaten the integrity of our tropical waters. An unacceptably weak and effectual industry bill was passed that allows cruise ships to self-report only on discharges of fecal coliform and total dissolved solids. The reporting is “self-enforced and conveniently, violations are supposedly self-reported!” Immediately after the bill passed, the cruise industry association withdrew their MOU, “good neighbor agreement,” opting instead to embrace the lowest possible standard. This nearly useless legislation is not a good match for an industry with a long history of felony violations that include illegal discharges, lying and altering waste logs.

Because of the State legislature’s inadequate provision to protect Hawai’i from cruise ship pollution, KAHEA is rallying support for The Clean Cruise Act, proposed federal legislation that would impose strict regulations and accountability.

On a local level, KAHEA has launched a campaign to “Be the Eyes of the Ocean” to facilitate individuals reporting any fouled water that is suspected to be associated with cruise ships.

KAHEA has amassed approximately 15 separate reports. Forms are available online (367kb pdf), or by calling 808-524-8220 for hard copy forms. If enforcement action is taken on your report, you may be eligible to receive half of the fine levied against the cruise ship corporation.

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Environmental In-Justice in Hawai'i

Chemical Weapons Dumped into Shallow Reef Area of Wai'anae: Another Lasting Legacy from the Military

Ordnance Reef is well known to Wai’anae area residents who frequent the ocean. For over 30 years the Army routinely dumped several thousand tons of hazardous chemical and biological weapons into the ocean off Wai’anae (123kb pdf) and in waters off Pearl Harbor. In addition to chemical weapons, we now know that the military dumped radioactive wastes into the ocean between 1964 and 1968.

Last month federal legislation (106kb pdf) went into effect that requires the military to produce an inventory, assess impacts and develop mitigation plans. An Environmental Assessment that would logically trigger a full Draft Environmental Impact Statement is also required.

In Hawai’i, the Department of Defense contracted with the National Oceanic & Atmospheric Administration (NOAA) to inventory the dumpsites and produce a report, which is expected in December, 2006. Humans and wildlife alike rely on the ocean as a source of healthy food and recreation. Th e Army has exposed our marine resources, the Wai'anae community and others to potentially catastrophic health risks. KAHEA is working with local activists and community members to ensure representation on an appointed “commission” that will review the inventory and reports on this egregious practice.

We will inform you of the next steps once the report is released. We must not allow the federal government to continue to shirk its responsibility to Hawai‘i’s residents in high-risk communities.

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DUMP UARC: Stop Militarization of Our University

It is currently unknown when the University of Hawai‘i Board of Regents (BOR) is expected to vote on the highly controversial and problematic contract that would lock UH into secret defense department research projects. The University Affiliated Research Center (UARC) contract between the U.S. Navy and UH has met with massive amounts of resistance and the public is left with numerous unanswered questions. The community efforts continue to educate the public and decisionmakers about the consequences of the proposed secret military research program.

KAHEA launched a successful Action Alert that helped garner support for rejecting the UARC contract. If the BOR approves the UARC, it will be at the expense of any credibility for the adm i n i s t ration, as every major stakeholder group in the university system and the community has vocalized their strong opposition to a UARC at UH. As we near the decision point, expect further updates and possibly another action alert.

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