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Article XII a Section 7 states:
customarily and traditionally exercised for subsistence,cultural and religious purposes
If a court case is ever brought forward questioning the definition of customarily and traditionally, it will be interesting to see how the mechanical & highly technological 4 wheel drive vehicle is considered an acceptable adaptation to the summit of Mauna Kea, but observatories are not.
And if a reason offered is that you can see the observatories on the mountain, it's also true that on clear evenings and nights you can also see headlights of cars and trucks driving on the access road, even from as far away as Puna.
“Fiction reveals truth that reality obscures.” - Ralph Waldo Emerson
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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I've been peripherally involved in one of these OHA hijackings in the past - and it seems that some don't really understand what this is about. If, in lieu of rent, an in-kind exchange is made, then, in OHA's eyes, they are being deprived of their cut. The objective of this current charade is to eliminate the in-kind exchange of telescope time in lieu of rent. The goal is to establish an authority, independent of UH, that will set rents for the observatories, and skim 20% of that off for OHA - presumably, the rest of the funds generated will go to the authority who will piss spend those funds on mountain maintenance and enforcement, or whatever else that strikes their fancy.
The upshot will be that UH will have to buy time on the telescopes just like everyone else, meaning that there is no incentive for outstanding researchers to consider UH (with it's isolation, and non-competitive salaries, and high cost of living) as an advantageous place to pursue an astronomy career over UCLA, Caltech, or any other university that actually has support from their State or their endowments. Which will ultimately mean that research funding, and overhead costs that came to UH as a result of the in-kind observing time will gradually evaporate. That amount, to the Institute for Astronomy, was about $20M a year in 2015 - that will mean less support for facilities, the library, the computer center, and overall support for the research program at UH - and will inevitably impact student opportunities - Hawaiian and non-Hawaiian.
That loss won't be a death blow for the University, but will be an addition to the slow bleed that UH has been experiencing for the last couple of decades. There is, unfortunately, an internal logic to what is happening - most of our science and technology students leave Hawaii due to lack of employment opportunities - if you don't need an educated workforce of any significance, why go to the expense of supporting a University that can train such a workforce. Of course, the end game is a strictly tourism-based economy that, under adverse economic conditions, will collapse in a heap and Hawaii will become Puerto Rico II. And Kai Kahele and his cohorts will just throw up their hands and claim it wasn't their fault...
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Geochem is dead on here in paragraphs 1 and 2, 3 obviously being conjecture about future possibilities I won't comment on.
What's more, if you look at the various land area designations in the ~11k acre reserve only ~600 acres is used for astronomical viewing at the summit area. The great majority ~99% of the sites identified as archaeological sites/culturally important exist outside of the ~600 acre area. UH is actually in the process of trying to remove responsibility for management of ALL of the area with exception to the ~600 acre area - the current problems with this are twofold:
(1) no one wants to take responsibility for the remainder area - it's too closely scrutinized and no one wants to be held accountable - especially given Hawaii state/counties standards of management and effectiveness - no state/county agency could possibly comply with the proposed/desired management.
(2) the ~600 acre area is important obviously for the telescopes but also (obviously) it is he most important and significant area culturally for those interested in such things. This essentially has created a deadlock or impasse in removing the remaining acreage from UH management because UH is unwilling to part with the ~600 acre area and any other groups/interested parties are unwilling to take responsibility for the remainder in part or entirety without the ~600 acre summit area. The TMT complicates this matter even further.
It's really an extremely complicated matter; the exception to this being geochem's point in paragraph 1 above or OHA wanting their 'cut' or as HOTPE describes: "bribe".
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Sure, Kahele is not evil, he just chooses to do evil. And why? I can't claim to understand politicians but like many of them his whole being is probably geared towards higher office.
If he thinks this will get him the endorsement he needs for US Senate then it all makes sense, Hawaii and its residents be damned. Hopefully we can unload him on DC sooner than later,
he can do less damage there.
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The gut and replace atrocity has been described as "dead on arrival" in the state House of Representatives by the Speaker. Details from the Star-Advertiser here:
http://www.staradvertiser.com/2018/04/13...nterested/
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quote:
Originally posted by rainyjim
... the ~600 acre area ... (obviously) it is the most important and significant area culturally ...
Not true, given the findings of the OCCL, contested case hearing, and BLNR. ex:
https://dlnr.hawaii.gov/mk/files/2017/07...oposal.pdf
quote:
The TMT Project is proposed to be located on the north slope, away from traditional cultural properties ("TCPs"). A portion of the Access Way will traverse the lower portion of K#363;kahau‘ula. There are no known burial sites, ahu, or other historic features near the project area. Historic maps do not show any paths crossing the Northern Plateau where the TMT is being proposed. The proposed location is removed from the K#363;kahau‘ula Summit and other identified culturally significant features.
quote:
The TMT Observatory has been sited at the 13N site, within Area E, north of and below the summit ridge. One of the principal reasons this location was chosen is to mitigate impacts on cultural and historic resources, viewplanes, and biological resources.
quote:
The reliable, probative, substantial, and credible evidence, specifically including but not limited to the testimonies of White, Hayes, Nees, Dr. Smith, Nance, Dr. Sanders, and
Rechtman, and applicable exhibits, demonstrates that the TMT Project will not cause substantial adverse impact to existing plants, aquatic life and wildlife, cultural, historic,
and archaeological sites, minerals, recreational sites, geologic sites, scenic areas, ecologically significant areas, and watersheds.
quote:
There is no credible proof that any historic feature, traditional practice, or viewplane will be substantially or adversely impacted by construction at the proposed TMT Project site.
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Thanks Chunkster. I got a response from Rep. Luke saying the House wants nothing to do with it.
If Kahele wants to apologize for this skulduggery I'd like to hear it.
He probably knew all along it wouldn't make it, and in the meantime he makes a name for himself.
I for one won't forget this.
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Randomg, sorry but what's not true? I don't understand the point you are making. Did you know the TMT will not be on the summit? I'm not sure it's clear to you I wasn't talking about the TMT site, at least in the section you quoted me.
Anyways, ask anyone anti-TMT or any cultural practitioner if the summit area is the most important part of Mauna Kea and I would bet everything I own they say it is. Clearly that's subjective, but it's pretty consistent throughout the conversation of Mauna Kea and land use since the 60s.
Anyways, Alohas.
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http://www.staradvertiser.com/2018/04/13...uild-site/
In a news release today, the TMT board said, "The TMT International Observatory Board of Governors at its meeting this week deferred a decision on whether to continue towards building the Thirty Telescope in Hawaii, or to consider the alternative in the Canary Islands."
Last month, newspapers in Spain and the Canary Islands reported the TMT board assured local officials that the decision about where to build the observatory would be delayed until November.
Legislature and Courts aren't off the hook -- now watch as they dither for another 6 months. I wonder how much TMT will cost by the time it's actually built?
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quote:
Originally posted by PaulW
Thanks Chunkster. I got a response from Rep. Luke saying the House wants nothing to do with it.
The Byzantine Hawaii legislative politicking would be amusing if it didn't keep us in a constant mess. The Senate voted 15-8 for this skulduggery, yet nobody in the House seems to want it. Big Island senators Ruderman and Loraine Inouye both voted against it, with Ruderman issuing a very pointed rebuke along with his vote. Inouye, to her credit, reversed an earlier committee vote in favor of the gut and replace, confirming my suspicion that she didn't pay close attention to what she was voting for the first time. Then again, Inouye may have realized how unpopular Kahele's trick was turning out to be and simply changed her mind our of political expediency. Either way, a lot of us won't forget this attempted end run around the democratic process.
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