Mauna Kea draft rules don’t limit Hawaiian culture, university says

University of Hawaii officials insist they have no intention of restricting Native Hawaiian cultural practices and have revised draft rules for public and commercial activities on Mauna Kea in an effort to make that clear.

The draft Mauna Kea administrative rules came under attack during a statewide round of public hearings in September and in scores of written submissions.

The rules are designed “to protect cultural and scientific access and strengthen stewardship of the lands leased and managed by the university” on the mountain, according to UH.

They propose restrictions on commercial tours, make camping off-limits, limit snow play, prohibit drones and gliders, and establish fines for breaking the rules, among other things.

They also would outlaw the kind of stunt seen last week in a viral video showing three men skiing and snowboarding on the mountain. That incident caused consternation among the Native Hawaiian community and embarrassment for UH.

The university is now asking for public comment on the latest revision of the draft rules.

Among the changes is the removal of a section originally drafted with the help of the Office of Hawaiian Affairs, ironically after it expressed concern for the protection of Native Hawaiian rights.

But there was strong opposition to the section during the hearings, due in part to the perception that it regulated Native Hawaiian culture.

“The rules are not meant to limit Native Hawaiian customary practices,” UH spokesman Dan Meisenzahl said.

The university also removed a permit requirement for public assemblies after testimony during the hearings described the provision as interfering with cultural activities, practices and protests.

Meisenzahl said this rule and others were simply lifted from standard administrative regulations used by the state Department of Land and Natural Resources.

Nevertheless, he said, the permit was dropped in favor of a registration requirement for large gatherings so that UH can ensure public safety and manage resources.

There was also testimony expressing fear that the university was trying to limit chanting and singing in a rule governing audio devices and noise.

The rule was changed to focus the prohibition on amplified sound, including only things such as bullhorns, radios and other powered devices, Meisenzahl said

Other changes in response to public input include prohibiting bicycles and two-wheel-drive vehicles above Hale Pohaku, near the visitor center, and lowering fines generally on infractions that don’t cause damage. The rules also clarify that cellphones and flashlights are allowed.

Comments on the draft rules can be submitted in an email to MKRules@hawaii.edu or in writing to the UH Government Relations Office, 2442 Campus Road, Administrative Services Building 1-101, Honolulu, HI, 96822.

The comment deadline is March 15 at 4:30 p.m.

UH is planning to run the draft rules by the Board of Regents before holding a second round of public hearings sometime in the next few months.

The university subleases 11,288 acres from DLNR, which is essentially all of the land above the 11,500-foot elevation of Mauna Kea except for the 2,033 acre Mauna Kea Ice Age Natural Area Reserve.