THE SENATE

S.C.R. NO.

137

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO HALT ANY FURTHER DEVELOPMENT ON THE SUMMIT OF MAUNA KEA AND ITS SURROUNDING LANDS UNTIL SUCH TIME AS THE FULL IMPACT OF SUMMIT ACTIVITY CAN BE ASSESSED.

 

WHEREAS, Mauna Kea represents many things to indigenous peoples of Hawai`i. 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 zenith of the Native Hawaiian people’s ancestral ties to Creator and Creation; and

WHEREAS, Mauna Kea is the burial ground of the highest born and most sacred ancestors, and 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, to observe the heavens (for Navigation) and to harvest the tools 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, recognizing 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 that is where the endangered Palila bird lives; and

WHEREAS, in the upper region of the summit area, the endangered high altitude bird known as the Dark Rumped Petrel dwells; and

WHEREAS, there are numerous bugs as well; the most famous of them is the Wekiu bug, whose current population has been reduced by 99.7 percent; 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 it's 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 1968, the Board of Land and Natural Resources granted a sixty-five year lease for lands above the 12,000-foot land level of Mauna Kea; and

WHEREAS, in 1969, the University of Hawaii began developing the summit for astronomical purposes; and

WHEREAS, the original lease issued in 1968 allowed for the construction of "one observatory and support structures" to be built on Mauna Kea; and

WHEREAS, however, in the first five years, numerous observatories had been built; and

WHEREAS, in 1983, due to growing public concern that astronomic activities might take over the mountain, Governor Ariyoshi issued an executive order requesting that the University of Hawaii create a Mauna Kea science reserve complex development plan to assess the cultural and natural resources of Mauna Kea and to 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 telescope to be built by the year 2000; and

WHEREAS, by 1999, there were twenty-four telescopes and the infrastructure for up to thirty-six telescopes has been put in place on Mauna Kea; 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 DLNR has not 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 leach into the island's 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, the State of Hawaii, however, has taken giant steps backwards 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 DLNR is urged to halt further construction on the summit of Mauna Kea until all relevant state and federal permits are granted and until the following measures are taken:

(1) The full realization of the recommendations of the 1998 Auditor report for cultural and natural resource protection;

(2) An assessment of:

(A) The impact that a reduction of the Wekiu bug's habitat and the increase in traffic on the mountain have on the Wekiu bug;

(B) The impact sewer and hazardous material waste from the Mauna Kea observatories have on the water table of the island of Hawaii;

(C) How public input and sentiment may be included in future developments on the mountain; and

(3) The establishment of a plan developed in conjunction with representatives of all interested parties, including the following groups: native Hawaiians, Hawaiians, environmentalist, recreational users, hunters, scientists, interested members of the public, and state, county and university representatives, to specifically address the concerns relating to access rights, religious, traditional, and cultural uses, historic preservation, astronomical expansion, recreational, commercial, and public use and natural resource protection;

and

BE IT FURTHER RESOLVED that the DLNR submit a report on its findings and recommendations to the Legislature not later than twenty days prior to the convening of the 2003 Regular Session; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Chairperson of the Board of Land and Natural Resources, and the Board of Regents and the President of the University of Hawaii.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Mauna Kea; Development Moratorium