Finally, the state seems poised to take some action, albeit only a temporary restriction, to assert some needed controls over the summit zone of Mauna Kea. This could represent a pivot point if the pause can become an opportunity to restore more than a road. The state needs to rebuild a sense of order between the opposing interests, or the standoff will never end.
At the heart of the conflict is the development of the Thirty Meter Telescope, a state-of-the-art facility that proponents assert will put Hawaii at the forefront of astronomical exploration and opponents fear would be a blight on the landscape.
One step in the right direction was taken Tuesday, with University of Hawaii officials pledging more concrete plans to dismantle the first telescope erected on the mountain. That should be welcomed by those interested in environmental restoration at the summit, who must insist that the state continue to meet its commitment to retiring telescopes that are well past their peak performance years.
More significantly this week, the state Department of Land and Natural Resources is seeking to hit the pause button. DLNR officials point to environmental threats posed by protesters camping on the mountain and damage to the access road caused by stone barriers erected by TMT opponents.
As a result, they have proposed an access restriction, which the land board should approve when it convenes on Friday. This would bolster Gov. David Ige’s less than full-throated defense of the proposed Thirty Meter Telescope project, which has been at the heart of the dispute with protesters for months.
As it’s now proposed by DLNR officials, the emergency rule would:
» Allow overnight access only to those traveling in a vehicle on Mauna Kea Access Road; all others would be restricted between 8 p.m. and 5 a.m. The restricted area includes a public hunting area and forest reserve and extends below the visitor center.
» Prohibit camping gear, such as backpacks, tents, blankets and tarps at all hours in the restricted zone.
Opponents of the telescope project are mainly Native Hawaiians who protest that the construction would desecrate a site revered for its rank within traditional Hawaiian cultural and religious contexts. The activists, who describe themselves as Mauna Kea’s “protectors,” say they are the targets of a discriminatory crackdown, because those associated with the existing telescopes will be allowed overnight access.
In fact, the emergency rule would affect the entire public, including visits by school groups and others. While the temporary loss of public access is unfortunate, an abundance of caution seems to make it necessary. And while some of the protesters say there’s no proof of damage, those who advocate for the preservation of a special environment shouldn’t object to that precautionary step.
It’s been a turbulent clash of values on the mountaintop over the course of several years, as the proposed TMT project wended its way through a seven-year process that resulted in building approval. Legal challenges of that process, though, as well as of the current proposed access restriction, have not been settled. The courts have upheld the Native Hawaiian rights of access to lands and resources. In this case, the court’s decision on the validity of the state’s review of the project could have far-reaching effects on future projects. It would be helpful if the court clarifies where the limits of Native Hawaiian claims may lie.
But meanwhile the state should exercise its custody of the summit zone, and modest restrictions should be part of that.
The protesters have been arrested in recent weeks and have made a plea for ho‘oponopono, the indigenous form of mediation, to be substituted for criminal prosecution in those cases. On the whole, that sounds like a reasonable request for people whose heartfelt act of nonviolent protest should not tarnish their record.
But ho‘oponopono works both ways. It’s time the protesters recognize that and be willing to work toward compromise.