Proposed new rules for Mauna Kea

[TomK]

A bit late on this, sorry, but the UH has published its latest revised and proposed rules for access to and activities on Mauna Kea. I've not had much of a chance to read through this stuff yet, a quick glance suggests some improvements compared to the previous version but it still has some issues.

Proposed rules

Thoughts?

[HereOnThePrimalEdge]

2nd draft of proposed Mauna Kea summit rules includes some changes:

...changes include removing a rule that would have required permits to meet at the summit and prohibiting vehicles with two-wheel drive. Fines will be issued depending on the violation.
http://www.hawaiinewsnow.com/2019/04/30/...mauna-kea/

A public meeting for comments on the proposal will be held in Hilo:
Tuesday, June 4
5:30 to 7:30 p.m.
Waiakea Elementary School
180 W. Puainako Street, Hilo

Comments may also be submitted:
UHHAR@hawaii.edu
https://www.hawaii.edu/govrel/uhhar-testimony/

[TomK]

Just to make it clear, since I've heard some feedback that blames the observatories for being responsible for this, the MK observatories are not behind these proposed rules. This comes from UH and OMKM (Office of Maunakea Management). In fact the observatories have provided feedback criticizing some of the rules, especially those in the original version.

If you have opinions about access to Mauna Kea, please read and respond to the proposals.

[Jimbo2017]

Agreed Tom! These rules are required by lawsuits and promises made way back in 2000 when OMKM was first created. It seems that no one wants to abide by rules, but everyone agrees there should be rules! Quite the conundrum!

Mauka Hilo-side

[MarkD]

Here are excerpts from some of the proposed rules cited in "Adoption of Chapter 20-26, Hawai‘i Administrative Rules." (parenthetical text is mine)

(7) Entering into any cave

(10) Hiking, conducting nature study, or conducting any activity on pu‘u [cinder cones] unless on designated trails or roads, except by written permit

§20-26-27 (Weapons Prohibition include) knives with blade length greater than three inches

§20-26-29 Unmanned aerial vehicles, drones and air toys. (The ban includes "kites")

§20-26-30 Sports

Engaging in any outdoor sport or play involving objects thrown, hit, or driven, of any shape or size that could result in injury to others.

Formally or informally organized contests, meets, or competitions. (Skiers, this means you. Provisions state that skiing "might" be restricted in certain areas for various reasons. Full text under "§20-26-39 Snow play.")

§20-26-35 Use of drugs or alcohol. (No marijuana use without doctor prescription)

§20-26-36 Use of tobacco. The following acts are prohibited within the UH management areas: Smoking and tobacco use, consistent with Act 160, Session Laws of Hawai‘i 2018, section 2.

§20-26-62 Group use registration. (a) Any group larger than ten (10) members shall be required to register

§20-26-66 Commercial film and recordings. (a) Use for commercial purposes...is prohibited without a written permit

[TomK]

"These rules are required by lawsuits and promises made way back in 2000 when OMKM was first created. It seems that no one wants to abide by rules, but everyone agrees there should be rules! Quite the conundrum!"

Jimbo, the MK observatories will stick to the rules no matter what they finally are, and think some rules are needed, but some of the original rules were ridiculous. The original version prohibited the use of flashlights at the summit, which was clearly ridiculous and written by someone who knows nothing about working at night on MK. That has now been changed.

One other provision that seems to have disappeared in the latest version is the prohibition of the public visiting the summit area during the night. Some have claimed this has always been the case, but that's untrue. However, the original version of the MK rules did propose this restriction. Traffic using their headlights does indeed impact observatory work, but the summit is advertised as one of the best places in the world to observe the night sky, so this is not an opportunity that should be taken away from the public. That rule would have also impacted cultural practices at the summit which requires being present at sunrise and sunset.

As for the 4WD issue, that can be debated forever. It's unsafe to use a 2WD or all-wheel drive vehicle to visit the summit, but who is going to enforce this?

[HereOnThePrimalEdge]

This Tuesday, you may comment on proposed rule changes for Mauna Kea in person:

Tuesday, June 4, 2019
5:30 to 7:30 p.m.
Waiakea Elementary School
180 W. Puainako Street, Hilo

Or you may submit online (see above)