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From:  Andrea

Sparked by curiosity about the legal procedure for chemical spills and releases, I have been researching the Hawaii Emergency Planning and Community-Right-to-Know Act.  After days picking apart the details of this Act and  related regulations, I am left to wonder where I may find the “Community-Right-to-Know” aspect.

It seems like it should be called Department of Health-Right-to-Know.  Nowhere in this Act is there a mandate for notifying the public when there is a chemical release or spill.  Facilities that store hazardous and extremely hazardous substances over a threshold amount are bound to report their chemical inventory and releases or spills to the Department.   But, what about notifying the public of this danger?

As discovered by a call to the Hawaii Office of Hazard Evaluation and Emergency Response, the Department of Health is not bound to notify the public.  The Department decides, within its discretion, whether to notify the public through a general statement about a chemical release in the community.

When I started researching this law, I expected to find public notification requirements about what hazardous substances are present in the community and when they are accidentally released.  The only public right-to-know is the ability to request records on particular facilities from the Department of Health.  But, this policy does not truly inform the community because members of the public must know exactly what they are looking for in order to request that information.

If the apparent goal of the Act is the community’s right-to-know about the presence and release of hazardous substances within the community, there should be a provision binding the Department of Health to notify the public.  In other words, the Department should make records on these hazardous substances more accessible to the public, actually informing the community in a meaningful way.

As it stands now, the Hawaii Emergency Planning and Community-Right-to-Know Act requires notifying the Department, but there is an essential step missing in the process:  notifying the public, rather than requiring the public to specifically request information that is not generally public knowledge.  The onus should be on the Department, the information-bearing party, not the public.

From Alana:

Last week in the Honolulu Advertiser there was an article about the Western Pacific Fishery Management Council, which is supposed to “prevent overfishing, minimize bycatch, and protect fish stocks and habitat” in federal waters in the Pacific. The council was found to be less than accessible in terms of releasing public documents.

At a time when most public agencies routinely put their documents
online, the council requires a visit to its office to inspect or copy
most of its available records, the report said. In addition, a citizen
must file Freedom of Information Act requests to obtain anything “not normally made available to the public.”

And although there is no proof, some people speculate that their secrecy is because of misspent federal money or illegal lobbying that might show up in the records.

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

From Melissa:

These guys on Maui are dedicated to helping ensure the future health of our islands. From a bamboo construction company to a new recycling center, living in an environmentally-friendly fashion day-to-day has become more accessible to the average person on Maui than ever before.

Yellow Seed Bamboo Nursery

Check out the following article and support the companies who make it their mission to support our ʻāina!
Maui organizations promote environment throughout the year

From:  Andrea

Kahana residents have not ceased their tireless fight to stay in their homes.  Since their homeland was condemned as a state park in the ’60s, the people of Kahana have had to battle the State of Hawaii to stay in their homes.

And, now, after the State found illegal the law passed in ’93 to allow long-term leases for pre-existing residents in Kahana State Park, legislation has been proposed to ameliorate this unsettling situation for now.

House Bill 1552 presented Kahana residents an interim solution from being forced to leave their homes.  Public process gave them a way to voice their interests within the decision-making arena.  Reflecting Kahana residents’ input, the bill would help Kahana residents in the following ways:

• Authorize Department of Land and Natural Resources to issue long-term residential leases to Kahana residents;
• Establish planning councils to develop a park Master Plan; and
• Establish a 2-year moritorium on evictions of Kahana valley residents.

But, now, Governor Lingle has voiced her intent to veto the bill, apparently under the guise of prohibiting illegal activities in Kahana.  If that’s the case, go after the illegal activities as the government would do so anywhere else!  The State should not perpetuate the suffering of long-time Kahana residents who are not participating in illegal activities because some residents are breaking the law there.

Want to support Kahana residents in their fight to protect their homes?

Oppose Governor Lingle’s intent to veto HB 1522:

Wednesday, July 8, 11 a.m.

Demonstration at the State Capitol

From Alana:

A bill to prohibit genetically engineered taro is still being debated on Maui. Counselors are unable to decide whether to let the bill pass or not and say they want more information. The bill would prohibit “any person to test, propagate, cultivate, raise, plant, grow, introduce, transport or release genetically engineered or recombinant DNA kalo, or taro.” Citing it as “biological pollution”, Council Member Bill Medeiros also says:

I think we need to be brave. This is not something popular to do. This is something right to do.

The bill was met with some opposition, though, by the Department of Environmental Management Director Cheryl Okuma, who basically says that it’s too much effort to enforce the ban.

Laziness from the Dept. of Environmental Management should not deter kalo from having a secure future in Hawai’i.

Click here for the full article.

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.