‘You are not my church’; Proposed rules for cultural practices atop Mauna Kea draw criticism

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The Maunakea Management Board is asking its Native Hawaiian advisory group to take another look at proposed rules for cultural practices after hearing objections from some followers of the Hawaiian religion.

The Maunakea Management Board is asking its Native Hawaiian advisory group to take another look at proposed rules for cultural practices after hearing objections from some followers of the Hawaiian religion.

About a half-dozen people — a mix of practitioners and their supporters — spoke against the regulations during the board’s Tuesday meeting in Hilo, each telling the University of Hawaii at Hilo-operated Office of Mauna Kea Management to keep its hands off their beliefs.

“You are not my church, you are not my priest, you are not my minister,” said Chandell Asuncion.

The policies as drafted would require a permit for construction of “new cultural features,” prevent offerings from being placed on roadways or existing structures, and require scattering of cremated remains to be done out of public view, in addition to other rules. The board voted to defer the matter pending more public outreach by the Kahu Ku Mauna advisory group.

Stephanie Nagata, who leads the management office, said formation of the rules is required by the Mauna Kea Comprehensive Management Plan. She said the advisory group, which includes Hawaiian cultural or religious practitioners, drafted the proposals with help from the office.

“It’s a compliance issue for us,” Nagata said, adding the office needs to know who is responsible for building ahu or other cultural features, and whether they are authentic or done by copycat tourists. She said it’s not about regulating religious beliefs.

Thirty Meter Telescope opponents built several ahu during protests last year, including in roadways and on the project site. One built on the side of the Mauna Kea Access Road was removed without notice, angering protesters.

Each of the speakers at the meeting have been involved in the TMT protests, and their testimony largely reflected their lack of trust with the university and its use of a mountain they consider highly sacred. A few people clapped when a woman said all telescopes on the mountain should be removed.

The proposed policies weren’t distributed during the meeting and the individual agenda items didn’t offer much insight into what the office would actually be doing. A copy was provided to the Tribune-Herald after the meeting. It wasn’t clear if everyone at the meeting had access to the documents beforehand.

But talk of any restrictions following confrontations between protesters, who say they were protecting the mountain, and law enforcement last year alone might have been enough to stir opposition and the filing of a lawsuit in federal court. A few testifiers said the land rightly belongs to the Kingdom of Hawaii, not the state.

“I will fight tooth and nail,” said Harry “Hanalei” Fergerstrom, a participant in the TMT contested case. “I’m reading all your stuff, which is not fun.”

Attorney Lanny Sinkin said he filed a lawsuit in U.S. District Court seeking to prevent adoption of the rules, which he acknowledged he had not seen. The lawsuit was filed on behalf of Frank Kamehameha Tamealoha Anuumealani Nobriga of the Temple of Lono, another contested case participant.

The proposed regulations overshadowed action on a draft of new administrative rules for the mountain.

The board voted to request UH’s Board of Regents and Gov. David Ige authorize public hearings for the document. Copies also weren’t available for the public at the meeting.

A copy obtained by the Tribune-Herald shows that it would prohibit “stacking or piling of rocks” without a permit.

Additionally, if adopted as drafted, the rules would allow the Mauna Kea rangers to tell people to leave developed areas, consider any vehicle left for 48 hours to be abandoned, prohibit disorderly conduct and camping, and allow the office to set public access hours.

Email Tom Callis at tcallis@hawaiitribune-herald.com.

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TMT hearings scheduled

Evidentiary hearings in the Thirty Meter Telescope contested case will start this month.

Hearings officer Riki May Amano scheduled the hearings, which will allow parties to call witnesses, Oct. 18-20, Oct. 24-27, Oct. 31, Nov. 2, Nov. 22-23 and Nov. 28.

Hearings will be from 9 a.m.-4:30 p.m. and are scheduled to be at the Hilo Naniloa Hotel.

The hearings will help determine whether TMT’s Conservation District land use permit for Mauna Kea is reapproved.