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THE SENATE |
S.C.R. NO. |
137 |
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TWENTY-FIRST LEGISLATURE, 2002 |
S.D. 1 |
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STATE OF HAWAII |
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RESOLUTION
URGING THE University of Hawaii Institute for Astronomy and University of Hawaii Board of Regents to assure no further development or construction on the summit of Mauna Kea until appropriate Environmental Impact Statements or Environmental Assessments have been completed.
WHEREAS, Mauna Kea represents many things to the indigenous peoples of Hawai`i; and
WHEREAS, according to tradition, the upper regions of Mauna Kea reside in Wao Akua – the realm of Akua – the realm of Creator; and
WHEREAS, it is considered the Temple of the Supreme Being and is acknowledged as such in many oral and written histories throughout Polynesia, which pre-date modern science by millennia; and
WHEREAS, Mauna Kea is considered the home of Na Akua (the Gods) and Na `Aumakua (the Ancestors) and the meeting place of Papa (Earth Mother) and Wakea (Sky Father) who are considered the progenitors of the Hawaiian people; and
WHEREAS, it is said the Mauna Kea is where the Sky and Earth separated to form the great expanse of Space and the Heavenly Realms; and
WHEREAS, Mauna Kea in every respect represents the Native Hawaiian people’s ancestral ties to the Creator and Creation; and
WHEREAS, Mauna Kea is the burial ground of the highest born and most sacred ancestors, where the sacred waters of the god Kane originate, and where the waters to restore life and heal the sick and injured are harvested; and
WHEREAS, those that ventured there in the days of old did so with care and reverence, to worship, observe the heavens for navigational purposes, and harvest the tools needed to make the large ocean voyaging canoes; and
WHEREAS, the largest adz quarry in the world is on Mauna Kea and, in 1962, it was placed on the National Historic Landmarks register in recognition of the importance of the mountain to its people and the world; and
WHEREAS, there are many sacred places atop Mauna Kea, which include Heiau (Temple), ‘Ahu (Shrine), `Iwi (Burial) and many geological features which also hold sacred value to the Native Hawaiian people; and
WHEREAS, the summit of Mauna Kea is also home to some of the most rare and endangered plant and animal life on earth; and
WHEREAS, in the lower regions of Mauna Kea, there is the Native Hawaiian eco-system called the Mamane-Naio forest where the Mamane tree grows and the endangered Palila bird lives; and
WHEREAS, in the upper region of the summit area dwells the endangered high altitude bird known as the Dark Rumped Petrel; and
WHEREAS, there are numerous bugs as well, the most famous of them being the Wekiu bug, whose current population has been reduced by 99.7 per cent; and
WHEREAS, Mauna Kea is also considered one the world's premier astronomical sites and one of the world's largest and most advanced astronomy centers; and
WHEREAS, it is imperative to ensure that its majesty extends far beyond our generation, given the geographical, archeological, historical and spiritual aspects, importance of this mountain to the Native Hawaiian people, people of Hawaii, and the world, and for the purposes provided for under Article XII, Section 4, of the State Constitution; and
WHEREAS, in 1983, due to growing public concern that astronomic activities might take over the mountain, Governor Ariyoshi issued an executive order requesting the University of Hawaii to create a Mauna Kea science reserve complex development plan to assess the cultural and natural resources of Mauna Kea and create guidelines for astronomy developments; and
WHEREAS, the number of telescopes allowed on Mauna Kea under the 1983 Mauna Kea science reserve complex development plan was limited to thirteen: eleven major and two minor telescopes to be built by the year 2000; and
WHEREAS, currently there are thirteen telescope facilities, one of which consists of a control building, and twenty four antennae pads and eight movable antennae; and
WHEREAS, due to the design of the twenty four antennae pads and eight movable antennae, certain members of the general public often believe that the University of Hawaii has exceeded the development limits established in the 1983 development plan; and
WHEREAS, the Auditor's 1998 report, Audit of the Management of Mauna Kea and the Mauna Kea Science Reserve, stated that the Department of Land and Natural Resources (DLNR) failed to:
(1) Develop controls to ensure implementation of the University's Management Plan;
(2) Seek punitive damage against parties that failed to submit the proper Conservation District Use permit applications; and
(3) Collect fine revenues from a contractor who built an unauthorized structure; and
WHEREAS, the Department of Land and Natural Resources has neither addressed the concerns raised about trash on the summit, nor have they limited development in the habitat of the Wekiu bug; and
WHEREAS, in addition, observatories use hazardous chemicals, including but not limited to elemental mercury, in their everyday operation of the telescopes; and
WHEREAS, poor containment of these materials has been an issue in the past since the porous nature of the soil on Mauna Kea allows high percolation rates of hazardous materials which may leach into the island's water table; and
WHEREAS, since the inception of the astronomy program on Mauna Kea, the global scientific community has moved in leaps and bounds in the field of astronomy, while the State of Hawaii has not kept pace in the preservation of the treasured resource that is Mauna Kea; and
WHEREAS, the Legislature and the public know that Mauna Kea is an important and finite resource, and must be managed in such a way as to be beneficial to all people and yet not harmful to the mountain itself; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-First Legislature of the State of Hawaii, Regular Session of 2002, the House of Representatives concurring, that the University of Hawaii Institute for Astronomy and the University of Hawaii Board of Regents are requested to assure no further development or construction on the summit of Mauna Kea until appropriate Environmental Impact Statements or Environmental Assessments are completed; and
BE IT FURTHER RESOLVED that the Department of Land and Natural Resources submit a report to the Legislature and the Governor, not later than twenty days prior to the convening of the 2003 Regular Session, outlining its program to enforce violations of conservation district rules, detailing environmental concerns expressed by the public, and reporting the status of each alleged violation, and corresponding actions, enforcement efforts, and mandates; and
BE IT FURTHER RESOLVED that the Department of Land and Natural Resources include in its report to the Legislature and the Governor, not later than twenty days prior to the convening of the 2003 Regular Session, a summary of its efforts to address each of the concerns raised in the 1998 Audit of the Management of Mauna Kea and the Mauna Kea Science Reserve including:
(1) Developing controls to ensure implementation of the University of Hawaii's Management Plan;
(2) Seeking damages against parties that fail to submit proper Conservation District Use permit applications; and
(3) Collecting fines from any contractors who have built unauthorized structures; and
BE IT FURTHER RESOLVED that the Department of Land and Natural Resources work with the Department of Health to monitor air quality, water quality, and the use and disposal of hazardous materials on Mauna Kea; and
BE IT FURTHER RESOLVED that the Office of Mauna Kea Management is requested to include a member of the Kahu Ku Mauna Council as a voting member of the Mauna Kea Management Board; and
BE IT FURTHER RESOLVED that the Office of Mauna Kea Management submit a report to the Legislature and the Governor, no later than twenty days prior to the convening of the 2003 Regular Session:
(1) Outlining its efforts to implement the University of Hawaii Master Plan;
(2) Addressing each of the concerns raised in the 1998 Audit of the Management of Mauna Kea and the Mauna Kea Science Reserve;
(3) Developing a process to enhance public input, including recommendations, to the University of Hawaii Board of Regents, of a process to allow public participation in the submittal process of suggested nominees for the Mauna Kea Management Board; and
(4) Indicating the status of their effort to include a member of the Kahu Ku Mauna Council as a voting member of their Board; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chairperson of the Board of Land and Natural Resources, Director of the Department of Health, Board of Regents and President of the University of Hawaii, Chancellor of the University of Hawaii at Hilo, President of the Mauna Kea Management Board, Director of the Office of Mauna Kea Management, and Director of the Institute for Astronomy.
Report Title:
Mauna Kea; Development Moratorium