Friday, July 10, 2015

Musings: Tightening the Noose

The state Board of Land and Natural Resources today is considering a new emergency rule for Mauna Kea that is likely to pit hunters and others against those trying to stop the construction of the Thirty Meter Telescope (TMT).

The proposed administrative rule — drafted by newly appointed DLNR Director Suzanne Case — designates all land within a mile of the 14-mile-long Mauna Kea Observatory Access Road as a “restricted area.” 

It further prohibits people from possessing or controlling backpacks, tents, blankets, tarpaulins, or other obvious camping paraphernalia in the restricted area, which encompasses some 18,000 acres and portions of two public hunting areas.

The restricted area also would be closed to all people, save those in motor vehicles traveling on the Access Road, between 8 p.m. and 5 a.m.

The rule is an obvious attempt to give the state legal authority to boot the folks who have occupied a protest camp for some 100 days near the Mauna Kea visitor center, and placed rocks on the Access Road to block construction traffic.

The visitor center, with its restrooms and potable water, already has been closed to the public, along with the Access Road. Further restrictions on hunters and other recreational users will likely exacerbate the divide that already exists between those who support and oppose the $1.4 billion telescope project.

Violations would carry stiff penalties, ranging from a $2,500 civil fine for the first offense up to a $10,000 fine for a third offense. People also could face petty misdemeanor criminal charges that carry fines ranging from $500 to $2,000, 30-day jail sentences, vehicle forfeitures and loss of hunting licenses.

It's not unlike the strategy used by former Gov. Linda Lingle to stop Superferry protestors by creating an exclusionary “security zone” at Nawiliwili Harbor and threatening all who violated it with federal criminal charges and loss of their kids.

For some, the telescope project has come to symbolize the quest for Hawaiian self-governance, a cause I've long supported. Still, I and others remain perplexed that the stand has been taken against a telescope with global scientific and educational significance, while all manner of cheesy commercial projects sail through atop iwi kupuna and in other sacred places, with little or no outcry.

I mean, why are only Kaimi Hermosura and Jesse Steele standing up against the new Princeville project, which promises its super wealthy buyers the chance to be the “new konohiki” of an area that extends from Kilauea to Kee? Where are the "red shirts" and the cause groupies when you need them?
The state can adopt emergency rules to protect health, safety and natural resources. In justifying the new rule, state Attorney General Doug Chin issued a statement that campers have inadvertently introduced invasive species, brought in unauthorized Porta-Potties and reportedly caused visitors and workers to feel harassed.

“Consumption of water, which must be trucked up the mountain, is at record high usage. All of this has occurred in a partially graveled, steeply graded area without markings or guardrails,” the statement said.

Attorney Lanny Sinkin yesterday sought a temporary restraining order against the rule, but federal Judge Derrick Watson said it was premature, since no rule had been passed and it was unclear how, or if, the rights of spiritual practitioners would be denied.

So now another issue arises: Does the state's right to manage Mauna Kea, and protect public health and safety, trump Hawaiian cultural rights? It would be ironic indeed if the movement to stop the TMT ended up as a setback for Hawaiian rights.


Anonymous said...

Interesting how their attempts to help the cause workd agaainst it and how the game is played. Act like you oppose things to bring in more control. Neva sure which side the folks are really on.

Anonymous said...

Noticed the grounds in Princeville are still dead and still wondering what pesticides they used to achieve such a level of death to the growing grass. Guess they very intentionally are tryin to hide the death and extent of their poison use in such close proximity to the playground and public by planting the tall arica palms to block the views to and from the highway.

Anonymous said...

These protestors are primarily cranks and nuts.

Anonymous said...

@7:25... whhaaaaaaaaaaaaaaaaaaaaat?

Anonymous said...

Joan, perhaps you can start the rally and stand with Kaimi and Jesse---get it going! Be a white, orange, green or whatever color shirt---be the one to stand up and rally! Walk the talk---you believe in Hawaiian self governance---you're bold, strong---be the ONE!!!!!

Anonymous said...

Joan, your lede is a little misleading, as I read it. The proposed rules present rare common ground between the hunters and the TMT protesters who both oppose any restrictions on access (as does much of the public).
Dave Smith

Anonymous said...

The Mauna Kea protesters will leave soon. Bedraggled, cold and angry.
The PVille Ag project won't change a thing. The land is not in use and is closed off to public anyway. The Anini beach parts will have more traffic and houses. The bluff will have houses etc. Big Deal.
The land owners own the land. period. Even the Commies at the Planning Department can not stop the development. They will throw up road blocks, but this project will go thru..and Chinese will be a new language to learn.
Just think, a few hundred hi-octane real Red Commies buying up the estate land.
A conundrum...the American Commies at the Planning Department, who think they own all Kauai land will now process Building Permits from REAL live Commies -Actual AK47, fire-breathing Maoists in our midst.
A strange world when all of the alarmist Kauai Commie Fistee Pinkos get the precious land they THINK they ought to control being used by the real time tested Reds.
Yep- only on Kauai. Big Commies taking over the little Kauai Commies....and the real proof is that Capitalism works...and our Kauai Government that is intent on taxing, feeing, permitting and regulating our landowners, businesses and individuals to the Death..should wake up. Let our landowners build some affordable housing...or the island will be covered with the Yukimura proto-type Ag CPRs. Gag me with the Sunday underground pipelines and (OMG another Asian Bigshot financier from Japan) put in by JoAnn's inspectors on Sunday...and gee whiz, me wifee is a government bigshot, I can get permits while C Brewer's lay on the wayside. Corruption and Complacency. Commies and Kauai.
Nǐ huì shuō zhōngwén ma?

Joan Conrow said...

Hi Dave, I agree that hunters, TMT protestors and general public oppose restrictions on access. It was my thought that the rule could cause hunters and others to turn against the protestors, since they are the reason for the rule. I even wondered if that was partly the intent of the rule.

And 10:59, the last thing any kanaka want is a mainland haole telling them how to do self-governance. Furthermore, I've always felt that rallies, especially those that involve identification with a tee-shirt color, are pretty much a waste of time.

Anonymous said...

The BLNR meeting is streaming live today on HNN:

Anonymous said...

What you think we already have on Kauai? Drug Cartel mules, Nazi's, towel heads, Israeli Commandos, Yakuza, and Kauai Syndicates (bitch ass slaves to these top dogs).

You all really don't know what's really going on in paradise.

You idiots drink your green bottles, kombucha, eat raw fish, grill steaks, and cheer MMA Childs rapists while all th fleas and ticks arrive without notice.

Anonymous said...

The council and the Mayor has been out on notice so they want to secure their POWER grab. Their asses is on the line with all the blue collar/white collar crime that's happening with the cronies being hired and paid HUGE salaries that they aren't QUALIFIED for.

VOTE everyone of these clowns out. We need knew responsible leadership on Kauai to get us through this fraudulent, wasteful, and abusive admin and council.

Term limits

Kagawa proposes ending term limits
Voters would have final say, like in 2006, if council approves measure

On Wednesday, Kauai County Council Vice-Chair Ross Kagawa will introduce a resolution that, if approved, would put the option to repeal term limits on the 2016 ballot.

“The best term limit is when the voters determine it,” Kagawa said, explaining why he proposed the plan. “Why should a proven leader like Chair Rapozo be forced to take a break when we need him the most?”

Currently, councilmembers may serve no more than four consecutive, two-year terms before they are prohibited from seeking re-election. A councilmember who is term-limited out of office is eligible to run again in the following election and, if elected, can serve for another eight years.

TERM limits is essential to a balanced government. The U.S. federal government is SCREWED because their is no term limits. We cannot have the same corrupt individuals represent the people because the have the money and people and lobbyists to vote them in.

Anonymous said...

Joan, the best part of reading your blog are your responses! I realize you are super busy but please continue...

Anonymous said...


Couldn't agree more!

Anonymous said...

Who the heck is Linda Estes? She writes in the garden island forum all the time like she's some political expert. Another transplant let me guess, move back Limda to where you came from and coach softball or something. We don't need you experts from the mainland we have enough already.

Anonymous said...

Joan, your backing of the so called Hawaiian sovereignty movement is perplexing. What have you seen from the myriad of leaders of that movement that would inspire you to give up the US Constitution and Bill of Rights? The underlying whiff of tribalism with all its racial connotations is a driving force of the movement. I have heard you rail against those who divide our island with ill thought, self serving and divisive actions. Donning a cloak of victimhood and claiming that generations ago your relatives got screwed (questionable) so now you deserve to be treated differently is a good way to create divisions in our society. Much better for folks to be forward thinking and take responsibility for their pursuit of happiness independent of the circumstances of their ancestry. On the same subject any government needs the consent of the governed to be legitimate. Don't see that happening for the sovereignty people.

Anonymous said...

12:34 The complete Council and Kauai County policies are mirrors of Mainland experts.
Examples of Mainland Experts----JoAnn's buses (they work in cities, not in rural areas,except a few long runs..Westside/Northside to Lihue).
JoAnn's Apartment houses.
Gary, Tim, Jay, Mason Joann's anti Ag Fistee shoves.
Push to County Manager systems (look at West Covina yesterday).
Raising taxes, fees.
Putting extreme Planning Department controls on land, in the belief that a Government is smarter than a person.
Everywhere you look...virtually all our "Locals" are pushing Mainland Expert's ideas.
I say...the old Hawaiians and Plantation Lunas had the right idea.
Open land, houses for everyone, beaches open for everyone, mountains open etc.
Every f*ckin' law, every "form based" zoning, bike path, bus, curb etc...adds to higher rents, more expensive housing, less freedom and higher costs.
Don't go blamin' the big mouth newcomers...they are a speck of the problem.
The real problem is that our Government workers and leaders have bitten into have swallowed hard deep throating on NY, LA, SF and other limpwrist cities as their icons of the future. Cute little bistros and wandering minstrels.
F"ck. Just look at all the mainland style lawsuits our leaders perform. Bynum sues County. County sues County (Property Tax), County sues State (Hooser Fisteee anti-Ag)...unless we come together and use each other's ideas, creativity and strengths we will all be riding JoAnn's Buses to JoAnn's Apartments to JoAnn and Gary's Welfare offices.
Again, it ain't the newcomers...its our leaders who are back dooring Kauai.
The County is killing small business and hurting the individual.
And watch, THEY will raise your taxes on all food, medical and rents by 20 percent this year..The Gov approved it and the COUNCIL is "considering" it (meaning DONE DEAL)..that should be your real concern.

Anonymous said...

Joan, you said: "So now another issue arises: Does the state's right to manage Mauna Kea, and protect public health and safety, trump Hawaiian cultural rights? It would be ironic indeed if the movement to stop the TMT ended up as a setback for Hawaiian rights."
posted by Joan Conrow at 7:06 AM on Jul 10, 2015

I think the answer will be and should be yes.

Anonymous said...

The are some parallels to how Kauai has developed and how some places on the mainland have developed. But those places are not SF, LA, NYC. Kauai is moving toward being more like a Hamptons for the super successful of Silicon Valley and Honolulu. Development on Kauai is opposed and super restricted like in the Hamptons or Carmel. Air BnB and vacation rentals are fiercely opposed and were made illegal in those places too. SF and LA are embracing AirBnB. Cutie restaurants and shoppes are popping up on Kauai. It is the billionaire class that is really defining Kauai. And it is in their interest that housing stays scarce, property values stay high, and there is a steady pool of low cost workers to build their castles on land that was zoned for many more homes - adding to the shortage. Look at what is going up in Princeville, which is going to make Kukuiula look cheap. Kauai is definitely not turning into LA - it is turning into something else.

Anonymous said...

I've been saying this for years. I'm getting tired of beating a dead horse. The people who are born and raised here only wants to get theirs and the people who move here wants it there way. There's no middle ground. The people in office that has been voted in term after term are the sell outs but the people of kauai don't care because all they want is to get theres.

Anonymous said...

Kauai is moving towards becoming Maui and its a bad thing for the locals but a good thing for the transplants.

Anonymous said...

Linda Estes is a self pronounced great college softball coach from the mainland who moved here. Lay off her she came here to retire and the locals are irritating. Where's the peace and quiet and respect for mainland intellect? Stupid locals!

Anonymous said...

"I mean, why are only Kaimi Hermosura and Jesse Steele standing up against the new Princeville project, which promises its super wealthy buyers the chance to be the “new konohiki” of an area that extends from Kilauea to Kee? Where are the "red shirts" and the cause groupies when you need them?"

The Red shirts and groupies are either getting jobs with discovery, catering to the development in some way shape or form, or trying desperately to do so.

Anonymous said...

Yes!!!! That's it! And Maui is becoming more like Maui. Look at the demographics. Both islands: playgrounds for the wealthy; sorry, locals, you'll have to move to the mainland.

Anonymous said...

Divide and Conquer. I guess after all these years the missionaries are still winning!!!!!

Anonymous said...

I don't think you understand what the Hawaiians did to Cpt Cook, what happened to wealthy people like Plugher, what happened to the missionaries that beat were trying to beat the Hawaiian out of Hawaiians, the rich just don't understand.

You can have all the money, titles, lands and so forth in the world but you cannot take away our freedom!!!!

A little William Wallace for that spoiled silver spoon ass if yours.

Guess who is bringing in the heroin, coke, meth, other drugs you mainlanders are hooked on?

Yeah that's right supply and demand by you hep c drug abusing Californicators, Washingtonians, Oregonians and wherever you filths came from.

Anonymous said...

Very intellectual of yourself to call the Locals Stupid.

You get your high and mighty point. When you accomplish something that affords you to hold on to shiny medals that is of no importance, you can look down on people who have accomplished far more for the betterment of man kind.

Anonymous said...

In a way we ae stupid locals. We permitted some people into our neighborhoods and later found out that WTF is going on. No back yard burning, leash law, no dogs barking, no fireworks without permit. They want peace and quiet. I am not against peace and quiet. Peace and quiet is all in you mind. Put on head phones and listen to some Bach, Beethoven in your lounge chair. I like Led Zeppelin, Deep Purple, America, Carol King, Cat Stevens, Kalapana, Country Comfort...Put on your head phone and tune the noise out. Yeah, we let certain ones run for office and WTF, we all messed up. People call us stupid. Was thought this: "takes one to know one".

Anonymous said...

Being apart of the sheep and calling yourself stupid and being a proud local shows you have no self pride and respect for the past histories.

If you believe that on black people were slaves then you have no idea that you are today's slaves.

The county creates stupid laws to enslave the people of Kauai.

Taking away your freedom is taking your life away is slavery itself.

So before you out on your headphones why don't you read a book or talk to the old timers and get some knowledge instead of being a entertained slave.