HILO >> The proposed Mauna Kea administrative rules were battered and bruised over eight hours of testimony Wednesday, but the University of Hawaii Board of Regents unanimously approved them anyway, with one substantial provision.

The board deleted a requirement that groups of 10 or more must register 15 days in advance before going up the mountain.

The board also approved an amended resolution that calls for a reorganization and restructuring plan designed to improve management of the university’s 11,228-acre Mauna Kea Science Reserve, including a timeline for the closing of five telescopes in preparation for the construction of the Thirty Meter Telescope.

The rules, which went through two rounds of public hearings and underwent revisions, prohibit littering, removing natural elements from the mountain, causing noise disturbances, setting fires, using drugs or alcohol, operating drones, snow play, camping and numerous other activities. They are also designed to regulate commercial activities.

>> Photo Gallery: UH Board of Regents passes Mauna Kea rules

University officials say the rules are long-overdue measures aimed at maintaining public safety and protecting natural resources on the mountain, while allowing public access and cultural practices.

But many at Wednesday’s meeting testified that the rules, pummeled in two previous rounds of hearings, are a blatant effort to restrict access to the summit and will make it easier for the development of the planned TMT.

“I’m sorry to be so rude, but this is beyond rude, these rules. They are beyond offensive. This is participating in war crimes, genocide, ethnocide, ecoside and it betrays all common sense,” Millicent Cummings told the regents.

The all-day meeting at the UH-Hilo Performing Arts Center saw members of the audience sing, chant and dance. One man gave his testimony dressed as Pikachu, while another performed an anti- TMT rap song.

Ninety-nine people offered testimony, most of them denouncing the new rules, blasting the TMT, and criticizing university. Many described past injustices against Native Hawaiians and described the rules as a perpetuation of those wrongs.

UH-Hilo English Professor Mark Panek said the Native Hawaiian people have been subject to continual historical trauma for many years, and the administrative rules only serve to perpetuate the trauma. He urged the trustees to reject the rules and start a healing process.

The rules come as demonstrators block the TMT construction near the intersection of Mauna Kea Access Road and Daniel Inouye Highway.

Many of those folks appeared before the board Wednesday to complain that the rules are too restrictive, especially in regard to Native Hawaiian religious observances and other cultural practices.

“Does a practitioner of other religions need to give 15 days notice to go to their church, temple or house of worship?,” said Mauna Kea Hui leader Kealoha Pisciotta, a Hawaiian practitioner. “Do they need to get a permit or go through any other regulatory process in order to worship or pray? Of course not.”

Pisciotta said Hawaiians are already at a disadvantage on the mountain.

“Every time we go up for ceremony, we are blocked. But yet the astronomers are not. It’s a double standard,” she said.

Many argued that the university doesn’t even have authority to impose rules, especially since it is merely the lessee of land designated Conservation District within Crown lands.

“How does a lessee make the law?” said Hanalei Fergerstrom, who called for a contested case hearing from whatever comes out of the hearing.

University officials said authority was granted to the UH by the state Legislature in 2009, and Gov. David Ige approved the current process in 2018. The governor must ultimately approve the final rules.

Other speakers said they don’t trust the university and are frustrated because they feel they aren’t being listened to.

“Hundreds of written testimonies have been submitted saying aole, no, to these rules, and hundreds of testifiers at hearings all over Hawaii have said aole, no, to these rules. And it has fallen every time on deaf ears,” said Healani Sonoda-Pale, chairperson of Ka Lahui Political Action Committee:

Sonoda-Pale said the rules are really all about building the TMT and are intended to be used as an excuse to use excessive force to remove the protectors from the mountain and to build the Thirty Meter Telescope.

At the beginning of the meeting, representatives of the astronomy community pleaded with the regents to get more input from Hawaii island before approving the resolution calling for improved management.

“The possibility of losing TMT and 5 telescopes would deal an enormous blow to the University’s flagship astronomy department. Global astronomy would be critically impacted by the loss of scale, scientific leadership, partnerships and funder confidence on Maunakea. The human impacts of the losses of jobs and educational opportunities for residents on Hawai‘i Island would be major,” according to written testimony by the Maunakea Observatories.

The board revised the timeline and included a provision to get more input in future decisions.