Mauna Kea seen from Hilo on a calm morning in 2004. Photo: T. Ilihia Gionson

BLNR accepts Mauna Kea plan,
with reservations

Six parties request contested case hearing

By T. Ilihia Gionson / Ka Wai Ola Loa

After two days of strong public testimony in both directions, the Board of Land and Natural Resources on April 9 voted to accept a controversial plan to manage Mauna Kea, with a few conditions. But should the six parties who requested a contested case hearing at the Hilo meeting move forward with their requests, it could be a while before the Mauna Kea Comprehensive Management Plan takes effect – if ever.

The University of Hawai'i, which holds the lease to the summit of Mauna Kea, submitted the CMP to the BLNR in accordance with a 2006 ruling that such a plan must be in place before any new development is considered on the summit, which is sacred to Native Hawaiians.

People supporting the Mauna Kea CMP signwave on April 6 in Hilo, two days before the BLNR met to mull the matter. Photo: T. Ilihia Gionson

The BLNR accepted the CMP under the condition that within one year's time, or before any permit applications are presented to the board, UH submit four sub-plans to address specifics in the areas of public access, natural and cultural resources, and observatory decommissioning. The BLNR also changed some language in the plan to clarify that the BLNR has not delegated any authority to the university with respect to land use approval and public access.

The parties who verbally requested a contested case hearing at the meeting have until April 19 to file papers for a contested case hearing, after which the state must determine that the parties have sufficient standing to appeal the BLNR's decision. If it is determined that the parties do have standing – likely, as four of the parties have previously been determined to have standing in a previous Mauna Kea case – then the BLNR's decision is suspended until the contested case hearing is concluded.

Four of the parties that will contest the CMP decision – Mauna Kea Anaina Hou, the Sierra Club's Hawai'i chapter, Royal Order of Kamehameha I, and Native Hawaiian practitioner Clarence Kūkauakahi Ching – previously contested a proposal to add six telescopes to the existing Keck observatory on Mauna Kea. It was the outcome of that case in 2006 that required a comprehensive management plan for Mauna Kea in the first place. KAHEA, the Hawaiian-Environmental Alliance, and Keaukaha homesteader Patrick Kahawaiola'a also requested a contested case.

From left, Dawn Chang of Ku'iwalu, Stephanie Nagata of the Office of Mauna Kea Management, Barry Taniguchi of the Mauna Kea Management Board, UH Hilo Chancellor Rose Tseng, and UH system President David McClain watch Waimea homesteader Kīhei Soli Niheu, standing, testify in opposition of the Mauna Kea CMP. Niheu brought the coconuts on the table in front of him as awards for those that he said put astronomy development ahead of caring for Mauna Kea. Photo: T. Ilihia Gionson

"It's unfortunate that the university made a half-baked plan. There's no other choice but for us to contest it and go back to court. We spent 10 years fighting for it, and it's unfortunate that we're gonna have to repeat the whole thing again," said Kealoha Pisciotta, president of Mauna Kea Anaina Hou. "Having the university decide what is culturally appropriate and not appropriate is inappropriate."

"We will go back to court, and we're absolutely comfortable in going. We gave them their opportunity to do the pono thing. They seem to think that they don't have to," said Paul Neves, ali'i 'ai moku of the Royal Order of Kamehameha I.

The board's decision to accept the plan was preceded by two days of presentations and public testimony, stretching until 9:30 p.m. on April 8.

Sam Lemmo, DLNR's administrator for conservation & coastal lands, presented the department's staff recommendation that the board approve the CMP. Lemmo did not, however, evaluate the plan for compliance with the court order that a comprehensive management plan be in place before any more development on Mauna Kea can be considered. "This CMP is not being submitted with any project, so I didn't judge it to comply with Judge Hara's order," Lemmo said.

According to Lemmo's presentation, DLNR received about 50 letters in support of the CMP, and over 300 letters against the plan. Major concerns in the letters included a perception that BLNR is handing over authority to UH, a lack of concrete consideration for future astronomy development, non-compliance with DLNR's own definition of a comprehensive management plan, questions on the plan's delineation of traditional and customary practices, and compensation for ceded lands use.

The University of Hawai'i's presentation as applicant included system President David McClain, UH Hilo Chancellor Rose Tseng, Office of Mauna Kea Management Interim Director Stephanie Nagata, Mauna Kea Management Board chair Barry Taniguchi, and Dawn Chang of consultant Ku'iwalu which was hired to develop the CMP.

Ka'ū resident Abel Simeona testifies before the board and the audience. Photo: T. Ilihia Gionson

"We apologize for our management prior of 2000 falling short. UH is fully supportive of the CMP to best manage Mauna Kea in a culturally appropriate way," McClain said. He added that there is an item on the April 16 UH Board of Regents meeting agenda to affirm commitment and funding to implement the CMP.

He also mentioned that new developments would have to provide more benefits to the community than past developments. "Any new development would need a community benefit package that goes beyond telescope time, and those benefits would be very Big Island focused," McClain said. "I think the old days of the $1 a year rent with some telescope time are gone."

Taniguchi relayed the MKMB's recommendation that the BLNR accept the CMP. While he acknowledged that the document is imperfect, he felt that people who don't like CMP because it's not complete "probably don't like computers because they're outdated the day you buy it. It may not be a perfect plan, but it's a start. As time goes on, we want to improve the plan," Taniguchi said.

Public testimony was split between supporting and opposing the acceptance of the CMP.

Those testifying in support of acceptance cited a need to protect Mauna Kea and this CMP as a good start, flaws and non-specifics notwithstanding. Many of those testifying in support of the CMP had an underlying message that astronomy on Mauna Kea is a positive thing for the island, and that future astronomy development is vital to the economy.

Richard Ha, a Native Hawaiian farmer and proprietor of Hāmākua Springs Country Farms in Pepe'ekeo, supports the CMP as a good start. "Let's not let the perfect become the enemy of the good. My papa told me that get thousand reasons no can. I just need one reason why can," Ha said.

Several labor unions, business owners, the Association of Hawaiian Civic Clubs, the Hawai'i Island Economic Development Board, and the Beneficiary Advocacy and Empowerment Committee of the Office of Hawaiian Affairs board were among those in support.

Many of those testifying in opposition of accepting the plan had concerns over the shortcomings of the allegedly rushed plan. Many representatives of the environmental and Native Hawaiian communities oppose the plan.

Former Mauna Kea guide Tom Peek urged the BLNR to reject the CMP. He instead recommended the restoration of the conservation district through decommissioning telescopes. "It's curious that the CMP's proponents are the usual development folks. I understand the need for more jobs, but building telescopes in opposition to the public is not the answer," he said.

Hanalei Fergerstrom of the Temple of Lono has consistently testified against acceptance of the Mauna Kea CMP. - Photo: Blaine Fergerstrom*

Nelson Ho of the Sierra Club testified in opposition of the CMP, saying that the plan was rushed to accommodate the proposed Thirty Meter Telescope. A board is scheduled to decide between building the TMT on Mauna Kea or on Cerro Armazones, Chile sometime this year. "This whole matter before you is one of chasing prestige," he said. The Keck observatory, once the best in the world, is no longer the largest. UH would like the TMT to be built to retain the prestige, Ho said, and no new development can be considered for Mauna Kea until a comprehensive management plan is in place. "It is the driving force behind this hastily-conceived CMP."

Ho compared the promise of jobs connected to the TMT to the jobs offered by the now-defunct Hawai'i Superferry, citing how Superferry went ahead without a sure foundation for its operation. "Do you guys want jobs built on a flawed foundation?"

Others who testified in opposition of accepting the CMP included Jim Albertini of Malu 'Āina, Hanalei Fergerstrom of the Temple of Lono, and Kale Gumapac of the Kanaka Council.

Abel Simeona of Kāwā, Ka'ū sees the eventual resolution of the Mauna Kea issues in telescope decommissioning. "The answer is to take down all that stuff on the mountain. Everybody get their stuff up there, they no feel da kine?," Simeona asked. "Mālama means full time, not part time, not sometimes. The land, she cry…"

*KWO photographer Blaine Fergerstrom
is a second cousin to Hanalei Fergerstrom.