Ka‘ū News Briefs, Wednesday, May 19, 2021

The Kaʻū Coast and the calm before fewer storms this hurricane season, which begins May 1. The Central  Pacific Hurricane Center predicts only two to five storms in the basin this season. Photo by Bob Martin

A WEAK HURRICANE SEASON IS PREDICTED by the National Weather Service. Central Pacific Hurricane Warning Center released the outlook today, predicting two to five tropical cyclones, including tropical depressions, tropical storms and hurricanes in the Central Pacific Basin. May 1 through Nov. 30 is hurricane season for this part of the planet.
    The prediction for a below normal season is 80 percent accurate, according to Central Pacific Hurricane Center Director Christopher Brenchley. "Conditions for the El Nino are not present, and that is denoted by cooler than normal sea surface temperatures near the equator. Those are not present and not expected to be present throughout the year."
    The reason for the below average hurricane season prediction is an expected below-average sea surface temperature east of Hawaiʻi, where tropical storms normally generate. There is no El Nino and its absence 
is expected to keep the waters cooler.
    On the other side of the continent, the Atlantic Hurricane Season is expected to be average, spawning more storms than average.

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A contested case hearing, aimed at stopping funding to protect Kiolaka`a, which reaches Ka’alu’alu Bay on the Ka`u Coast, was rejected by the Board of Land & Natural Resources Photo from Trust for Public Land

A CALL FOR A CONTESTED CASE HEARING by opponents of state funding to protect Kiolaka`a on the Kaʻū Coast was turned down last Friday by the state Board of Land & Natural Resources. BLNR unanimously passed the funding last month, following numerous community meetings by zoom and in person to assess community support. It also unanimously rejected the call for a contested hearing.                Opponents contend that the Ala Kahakai Trail Association, which would hold title to the land, would not be their group of choice to steward the place. Contested hearing requests were filed by Palikaupu Dedman, of Pele Defense Fund and a group called Kaʻū Advisory Council. Representatives of both groups opposed the funding at recent public hearings and meetings.

    A story in today's Hawaiʻi Tribune Herald says the Kaʻū Advisory Council petition "cites Chapter 7 of the Hawai`i Revised Statutes, which protects the rights of cultural and religious purposes of Native Hawaiian residents. In recent meetings and written commitments, Ala Kahakai Trail Association has welcomed those of the opposition to join in the stewardship of the land which reaches from south of Waiohinu to Kaʻaluʻalu Bay.

Wiliwili trees at Kialoka`a where funding has been secure towards protecting the land. Photo from ATA

    Several native Hawaiian cultural practitioners including Nohea Ka`awa are members of the Ala Kahakai board and its Kaʻū advisory committees, along with experts in native plants, and local residents who have worked in forest and shoreline restoration.
    Concerning the opposition, the Tribune Herald article reports that the petition filed by Kaʻū Advisory Council member Jesse K says, “Kiolaka‘a and surrounding ahupua‘a in Ka‘u that are under land management of Ala Kahakai Trail Association focuses more on specific land acquisition and does not guarantee or ensure the enforcement of Native Hawaiian cultural practices. Viewing human rights as irrelevant in the decision making process is an egregious act of disrespect to the value our cultural people as a whole place on their own existence and perpetuated survival.”
    During its presentations seeking funding to purchase the property, Ala Kahakai noted that the land is owned by a Las Vegas real estate developer who plans to subdivide and sell it should the funding fail and the conservation group becomes unable to buy the land. Ala Kahakai also said it would be willing to turn
over management of the land to a qualified non-profit in Kaʻū.
    The Tribune Herald reported on the BLNR's rejection of the contested hearing, quoting David Smith, administrator for the state Division of Forestry & Wildlife. He said, “Essentially, we feel that the Kaʻū Advisory Council does not appear to identify a department rule or statute that requires the board to hold a contested case hearing. It boils down to constitutional due process." Smith said that Department of
Forestry & Wildlife questions whether the board’s approval of the grant in any way affects Native
Hawaiian rights as they exist.
    BLNR member Chris Yuen said, "We are concerned about Native Hawaiian gathering rights in general. To say whether we’re allowing a contested case hearing is really a legal or technical issue," according to the Tribune Herald story.