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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.

The post that disappeared

Posted by alanakahea at Jul 20, 2009 07:58 PM |
Filed under:

From Alana:

Last Friday there was a community aquaculture meeting at the UH Law School. It was fourth of four presentations given by Christina Lizzi (Food and Water Watch, DC), Rob Parsons (Food and Water Watch Coordinator, Maui), and Kale Gumapac (Kanaka Council). The other three meetings were on the Big Island and Maui. Only about 10 people showed up to the one on O’ahu (granted, it was on short notice, and had limited publicity), but a lot of concerns were raised, and was apparent that people are not only curious about these sci-fi fish farms, but they are also concerned.  The meetings were informative about aquaculture, and the risks that come with it anywhere it the world, and also had a very cultural focus on Hawai’i.

Some of the environmental and legal issues brought up in discussion:

What state entity should preside over aquaculture?

Kona Blue has been meeting with Monsanto, the GMO company, for GMO soy in feed. 

How can wild fish in feed be reduced, while also eliminating GMO protein substitutes, like soy?

Kona Blue has plans to genetically engineer a stronger type of kahala fish. Escapes of GMO fish, or GMO fed fish could lead to terrible repercussions in the wild. 

Who holds ultimate title to leased aquaculture areas? In reality it is ceded land, and leases could be contested. 

Kona Blue is not paying fair market value on leased area (only ~$14,000 per year)

All feed is imported, and its content is not released. It could have preservatives, antibiotics, hormones, pesticides, etc. 

Virtually all of ocean farmed fish would be exported from the islands. 

Permit requirements for onshore hatcheries? The impacts of the hatcheries may be as harmful as what happens in the ocean. 

Who would enforce buffer zones around larger ventures? DOCARE? Coast Guard?

Cultural issues brought up in discussion: 

Hukilau Foods, the company running the fish farm off of Ewa beach, takes advantage of the concept of the hukilau, which historically would benefit the entire ahupua’a by providing fish to everyone who helped. Hukilau Foods, however, exports the majority of their fish to the mainland. (Asking Hukilau Foods to share their bounty on harvest days would make a big statement)

Hawai’i open ocean aquaculture operations have a tendency to equate themselves with the loko i’a (native Hawaiian fish ponds). This is similar to comparing the TMT to native Hawaiian astronomy. It is fallacious, and the two could not be more different. The ancient fishponds were set up to be self-sustaining ecosystems. They were poly-culture systems that used barracuda, sea turtles, seaweed, predatory fish, and smaller fish like a checks and balances system. It did not have to constantly be monitored for disease, and the fish did not need to be fed. The ponds were also separate from the open ocean. 

In past generations the ocean was revered for its healing properties. Even when I was growing up I was taught to go in the ocean if I had a wound, but these days you are more likely to get staff infection than be healed. The ocean is changing, and not for the better. Adding an unknown amount of fish excrement to our waters could lead to a rise in “slime” which can lead to several health problems in humans. 

EIS’ fail to address most cultural concerns. How will sharks that are attracted to the cages be address? In 2005 Kona Blue killed a resident 16-foot tiger shark that many people felt was an ‘aumakua.

Obviously there are a lot of conflicting interests here regarding land and ocean use. We came to the conclusion that the best way to benefit our island community would be to use all the money that would have be given to aquaculture ventures, to instead  restore the loko i’a. If that happened, entire communities would reap the benefits, and not just a CEO and 20 employees of a company. Open ocean aquaculture has already proven itself to be a generally unprofitable business in Hawai’i– Kona Blue says it needs to expand or it will go out of business. Why not produce something locally, in a truly sustainable way, that would be for local people? The infrastructure for fishponds is already there, they just need a little makeover.

More DraMa-kua...

From Melissa:

The Army plans to continue on with training in Makua Valley even though over 50 species of endangered plants and animals are found in the valley, over 100 of archaeological features are present and there is much resistance from the local community.

Eight years after agreeing to do so, the Army yesterday completed an environmental examination of military training in Makua Valley by saying it wants to conduct up to 32 combined-arms live-fire exercises and 150 convoy live-fire exercises annually in the 4,190-acre Wai’anae Coast valley.

The “record of decision” by the Army scales back from the 50 combined arms and 200 convoy exercises the Army selected in June as a “preferred” alternative.

“This (Makua) environmental impact statement was a very thorough and publicly open process,” said Maj. Gen. Raymond V. Mason, commander of the Army in Hawai’i and the deciding official. “We’ve reached the best decision that allows our soldiers and small units to train locally and reduces their time away from families, all while ensuring the Army continues to protect the precious environment entrusted to us.”

To reduce the risk of range fires and threats to endangered species and cultural sites, the Army said it would not use tracer ammunition, TOW or Javelin missiles, anti-tank and 2.75-caliber rockets, or illumination rounds.

Additionally, the proposed use of added training lands at Ka’ena Point and what’s known as the “C-Ridge” in Makua are off the table, the Army said.

But Earthjustice attorney David Henkin, who has represented community group Malama Makua in a nearly nine-year lawsuit against the Army, said the level of training proposed still far exceeds anything conducted by the Army before 2004.

Under the terms of a 2001 settlement, live fire with helicopters, mortars, artillery and a company of about 150 soldiers was halted in 2004 because the Army hadn’t completed the agreed-upon environmental impact statement.

“This is a common trick, which is, let’s propose something totally horrendous … and then compromise with something that’s just awful, and people will be thankful, and that’s sort of the (Army’s) approach,” Henkin said of the Army’s record of decision issued yesterday.

Henkin said the Army proposes to do at Makua essentially the same training and use the types of weapons “that time and time again in the past have caused wildfires that have killed endangered species.”

To read the full article click here.

Taro On The Defense- Yet Again

Posted by melissakolonie at Jul 15, 2009 01:01 PM |

From Melissa-

Maui taro farmers need your help. Our beloved Haloa is once again under the threat of being generically modified, this time on Maui. The Maui County Council needs to108368508_84fab164e0 hear from the public on this issue. Please voice your opinion (in Haloa’s favor of course) and let it be known to the council that you care about the purity of the kalo within the islands. Take a minute out of your day to contact the council and show your opposition to GM taro. Monsanto, Dow Chemical, and Syngenta have been making their rounds, so pick up your phone and show them that Hawaii doesn’t back down on this issue.

Ask them to support Bill 09-100 and help protect taro from genetic modification.

Council members to contact:

Mike Molina (Haiku, Paia, Makawao)  270-5507
Gladys Baisa (Kula, Pukalani, Ulupalakua)  270-7939
Joe Pontanilla (Kahului) 270-5501
Jo Anne Johnson (West Maui) 270-5504
Danny Mateo (Molokai) 270-7678
Sol Kaho’ohalahala (Lanai) 270-7768
Bill Medeiros (East Maui) 270-7246
Wayne Nishiki (South Maui) 270-7108
Michael Victorino (Wailuku, Waihee, Waikapu) 270-7760

Councilmembers are expected to make a key decision in this process by July 16th, so please, please, please call them today.  Your phone call could help to extend the shield of protection for taro to one more county.

City, State Let Garbage Dump on Waianae

From: Stewart

If Waianae residents want to stop people from treating their community like a garbage dump, they shouldn’t expect much from the City and County of Honolulu or the State of Hawaii.  It took private citizens – namely a handful of KAHEA allies – to police the neighborhood and call attention to an illegal dump that appears to have been operating for years.

The latest reports of apparent illegal dumping in Waianae come less than a month after reports that Honolulu city workers had been dumping huge amounts of broken concrete in a stream in Waianae in violation of the federal Clean Water Act.

According to Will Hoover’s report in The Honolulu Advertiser, the more recent discovery was prompted by Lucy Gay, director of Continuing Education & Training at Leeward Community College in Wai’anae.  Auntie Lucy, Hoover reported, learned about the landfill from a colleague who hiked the isolated area over the July Fourth weekend and stumbled across huge debris piles.  Auntie Lucy joined Auntie  Alice Greenwood  and investigated the site on their own and contacted Carroll Cox of EnviroWatch. The three returned on Thursday, along with students from Leeward Community College.

Although the dump found by Auntie Lucy and Auntie Alice appears to be illegal, the City and County of Honolulu seems intent on taking more formal action to make Waianae the official trash heap of Oahu.  Namely, the Honolulu Department of Planning and Permitting is drafting a new development plan for Waianae that will serve as the basis for zoning decisions in the area, and it seems Mayor Hannemann wants to let a landowner rezone some agriculture land into industrial land to allow for a garbage dump.  The new plan will have to allow for this change.

The first battle will be before the City Council, which will need to approve the Mayor’s development plan.   As with the illegal dump, citizens are going to have to step up.   As recent history has shown, City Hall would just as well let Waianae get trashed.


Got Input for the Army on its Environmental Investigations? Apply by August 14!

From:  Andrea

U.S. Army Garrison-Hawaii is soliciting community interest in creating a Restoration Advisory Board as part of the Military Munitions Response Program for two sites near the U.S. Army’s Pohakuloa Training Area.  The motivation for the Restoration Advisory Board is to enable community participation in environmental issues on previously used military training sites.

Currently, the focus of the Restoration Advisory Board would be the remedial investigation of two response sites:  the closed Humuula Sheep Station and the Kulani Boys’ Home.

The Board will be formed if enough community interest is expressed.  The Board would be composed of community members, government representatives, and other stakeholders.  The Board members would attend meetings and review and comment on plans and reports related to the investigation.

For more information or to request an application, contact:

Environmental Divison

MMRP Program Manager

Director of Public Works, USAG-HI

948 Santos Dumont Ave.

Building 105, 3rd Floor, WAAF

Schofield Barracks, HI 96857

Phone:  808-656-3109

Fax:  808-656-1039

*Applications must be postmarked or emailed by August 14!


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.
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