Showing posts with label Public land. Show all posts
Showing posts with label Public land. Show all posts

Save Hawaii's beaches or property?

SUBHEAD: Climate change and ocean rise is forcing difficult choices on Hawaii now.

By Nathan Eagle on 28 July 2017 for Civic Beat -
(http://www.civilbeat.org/2017/07/save-beaches-or-property-climate-change-will-force-tough-choices/)


Image above: A Waikiki lifeguard station surrounded by ocean water is barely operational today. From original article promo.

A coastal hazard expert briefs Hawaii officials and others about the need to adapt to rising sea levels and warmer temperatures.

With the impacts of climate change bearing down on Hawaii, government officials and community members need to make some important decisions about the islands’ iconic coastlines, said Dolan Eversole, a coastal hazards expert with the University of Hawaii’s Sea Grant program.

“That’s the policy question that we’re faced with now — what’s more important, protecting the property or protecting the beach?” he said. “It’s not a simple answer.”

Eversole was addressing a roomful of state and county officials, nonprofit leaders and others Thursday at the annual State of Hawaii Drowning Prevention and Ocean Safety Conference at the Hawaii Convention Center in Honolulu.

Even under conservative projections, he said Hawaii will have to adapt to a suite of issues that are exacerbated by increasing temperatures and rising sea levels, including coastal erosion, hurricanes, tsunamis, high surf, high winds and flooding.

“Climate change is not necessarily an independent problem,” Eversole said. “It’s going to overlie the problems that we have and in many cases make them worse.”

The “king tides” that caused flooding in Waikiki and other parts of the state this summer were in many ways a glimpse into the future, he said.

It’s not all doom and gloom though, at least compared to other coastal states like Florida and Louisana that are also being forced to adapt to climate change.

Hawaii has the advantage of topography, Eversole said. Elevations increase quickly in the mountainous islands, so adapting for some can mean moving to the other side of Kamehameha Highway, which wraps around Oahu’s northern coast.


Image above: Coastal highway on north shore of Oahu threatened by high ocean waves. From original article.

“It’s going to be inconvenient but we won’t have to go too far,” he said, underscoring how that’s not even an option in some other places.

Eversole is also heartened by Hawaii having a climate adaptation plan underway. The first part of that plan, due in December, will show how sea-level rise will likely affect hotels, homes and other properties in the coming decades.

Honolulu Emergency Services Director Jim Howe, who was the city’s longtime ocean safety chief, said the city has much of the necessary information and has started to respond.

He said the newly created Office of Climate Change, Resilience and Sustainability has held its first major gathering of stakeholders to gain input. A full report from that meeting with roughly 350 individuals from businesses, nonprofits, government and environmental groups is coming, he said, but the preliminary results illustrate the need to focus on the coastal areas and infrastructure.

“We’re going to have to make some priority decisions,” Howe said. “Where are we going to best spend our money? What is going to be the best approach for us as a community? That’s a dialogue that we need to have.”

He said Hawaii has to brace for weather impacts, from increased flooding to more frequent hurricanes.

“All of us in the community need to be prepared,” Howe said. “The more we can be proactive, the better off we’re going to be in the end.”

There’s a lot at stake. Hawaii’s economy largely depends on millions of tourists coming to visit its famed beaches.

Hospitality Advisors, a consulting firm, estimated Waikiki Beach alone contributes more than $2 billion in visitor spending annually.

Waikiki Beach is already in need of millions of dollars of overdue work and there’s still no master plan for the beach, Eversole said.


Image above: The beach at the Royal Hawaiian Hotel is under ocean waves that break against the hotel's porch railing. From original article promo.

And the adjacent Kuhio Beach is a “public safety emergency,” he said, noting how sections of the groin are collapsing in front of a mound where hula dancers perform.

“It’s a mess right now,” he said. “It’s the worst I’ve ever seen it.”

Studies are underway, including the state’s $800,000 Waikiki Beach Technical Feasibility Study, and public-private partnerships have formed to address the most serious problems.

The Waikiki Beach Special Improvement District Association is splitting a $1.5 million project with the state to fix the Royal Hawaiian groin, which Eversole said “literally holds together Waikiki Beach.”

Commercial properties pay a special tax that funds the association’s projects, which are all focused on beach management.

Construction may not begin for two years, though, due to permit requirements, Eversole said.

“Hawaii is probably one of the most vulnerable areas to coastal hazards in the world,” he said.

This is not the first time Eversole has waved flags trying to alert the public and policymakers to the problems Hawaii faces due to climate change.

He was lead author of a 2014 UH Sea Grant report, funded by the Hawaii Tourism Authority, that details the current and future effects of climate change in the islands.

Eversole said what concerns scientists the most are the extremes, not the averages, in terms of swings in temperatures and the rates of change.

The rate of warming air temperature in Hawaii has quadrupled in the last 40 years to more than 0.3 degrees Fahrenheit per decade. This causes stress for plants and animals, heat-related illnesses in humans and expanded ranges for pathogens and invasive species, he said.

“It could get exponential at some point in the future unless we do something about it,” he said.

When it comes to sea-level rise, the global average is 4 millimeters a year, but it’s not uniform. Low-lying atolls in the western Pacific are seeing 10-millimeter increases annually while Hawaii is averaging 1.5 millimeters a year.

Eversole said that Hawaii should not bank on its below-average increase because projections show it will greatly accelerate.

“Inarguably in the scientific community, climate change is real. There is no question,” he said. “The only question that surrounds climate change is what do we do about it. We’re in a catch-up mode.”
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Private party in New Jersey

SUBHEAD: After closing public parks and beaches Gov. Christie takes his family to state beach park for some fun.

By Abby Zimet on 3 July 2017 for Common Dreams -
(https://www.commondreams.org/further/2017/07/03/thats-just-way-it-goes-these-people-are-grotesque)


Image above: Aerial photo of Island Beach State Park in New Jersey where Governor Chis Christie took wife, family and security detail for some fun in the sun after he closed public and state parks on Monday of this Fourth of July weekend. Photo by Andrew Mills. From original article.

[IB Publisher's note: This is the end of Chris Christie's career. First he was fired by Trump and now this pathetic self inflicted wound.]

Talk about your profanely perfect metaphor: This hot and sunny weekend, big-time New Jersey cretin and governor Chris Christie closed down the state's parks and beaches due to a budget stalemate.

Then he hopped into his State Police helicopter and took his entire family to the 10-mile, now blissfully pristine Island Beach State Park, which thanks to the closing they had to themselves.

All day, meanwhile, police posted at the park's gates turned away the hot and frustrated peasants who pay Christie's salary as a, lest we forget, so-called public servant. Later, the family and their friends hunkered down in the palatial residence provided there by - yes! - also us.

Asked about it at a press conference later in the day, Christie - who boasts a 15% approval rating, or the lowest of any governor in the country - first lied that he hadn't gotten any sun that day. When confronted by photos from an enterprising photojournalist, his spokesman conceded “the governor was on the beach briefly” but "he had a baseball hat on.” 

Because one middle finger to his public wasn't enough, Christie added another when asked if this was fair: “That’s just the way it goes,” he said. “Run for governor and you can have a residence there.”  

Welcome to the class war, where Christie and the big orange creep and their entitled ilk have no more fucks to give as long as they can get away with it. Soon, let them eat sand.


Image above: Video still of NJ Governor Chis Christie with wife watching the press helicopters capturing his "private" beach jaunt. Taken by Andrew Mills. From (http://abcnews.go.com/GMA/video/gov-chris-christie-unapologetic-beach-photos-48431133).

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Kauai hui sues DLNR over GMOs

SUBHEAD: To ensure that public lands are given the proper and environmental review before being leased out for commercial use. 

By Staff on 14 June 2017 for Hawaii Alliance for Progressive Action -
(http://www.hapahi.org/news/2017/6/14/kauai-groups-sue-state-to-enforce-environmental-review-law)


Image above: "No Tresspass" sign on gate to public land leased to private corporations for experimenting with pesticides combined with genetically modified organisms sited on "reclaimed" wetlands close to nearby the ocean reefs and westside Kauai populations centers. What could go wrong? From (http://www.huffingtonpost.com/maggie-sergio/gmo-pesticide-experiments_b_3513496.html).

A Kauai-based community group, Ke Kauhulu o Mana, have filed a lawsuit against the State Department of Land and Natural Resources (DLNR) and Syngenta.

The suit calls for enforcement of Hawaii Revised Statute (HRS) Chapter 343, which requires an environmental assessment (EA) or an Environmental Impact Statement (EIS) for any significant actions or development proposed on publicly-owned, coastal and conservation-zoned lands.

In this instance, the lands in question are located on Kauai’s west side in Mana adjacent to the coast, about three quarters of a mile from the homes and community of Kekaha, and close to the frequent surfing and recreation beach, Targets.

The hui, Ke Kauhulu O Mana, is represented by west side residents Loui Cabebe and Punohu Kekaualua III. The plaintiffs include the Surfrider Foundation, Kohola Leo and the Hawai'i Alliance for Progressive Action (H.A.P.A.).
“These lands are historically Hawaiian crown lands. According to the state Constitution, these lands are supposed to be held and protected as part of the public trust. The State of Hawai`i as the present caretaker of these lands needs to take that responsibility seriously. We are disappointed that to date, they have failed to do so. We feel compelled to take this legal action to ensure that the regulations designed to preserve and protect crown lands are respected, and that state agencies do their job and enforce those laws.”

- Loui Cabebe, long time west Kauai resident and representative of plaintiff group, Ke Kauhulu o Mana.
The plaintiffs are represented by public interest attorney, Lance Collins, who has a wide range of experience with a focus on good government, environmental protection and native Hawaiian law. Mr. Collins has brought a number of successful cases under HRS 343, most recently Kalepa v. Dept. of Transportation and Maalaea Community Assn v. Dept. of Housing & Human Concerns.

“This suit is being filed to ensure that sensitive, coastal, and publicly-owned lands zoned for conservation are given the proper and legally required environmental review prior to being leased out for private commercial use,” said Collins.

According to Collins, a thorough review evaluating direct, indirect and cumulative impacts which the law requires, has not been done.

The complaint further states that the proposed use of the lands may have significant negative impacts given the anticipated heavy application of Restricted Use Pesticides involved in the industrial farming of crops by Syngenta.

Syngenta has announced plans to sell its Hawai'i operations to the Wisconsin-based company, Hartung Brothers. However, media reports also indicate that Hartung Brothers will be contracted by Syngenta to perform the same activities currently conducted by Syngenta employees. Thus the environmental and health impacts will remain similar regardless of the named entity conducting day to day operations.

State must ensure that permittees abide by regulations and protect public lands

“These lands are historically Hawaiian crown lands. According to the state Constitution, these lands are supposed to be held and protected as part of the public trust,” says Loui Cabebe, a native Hawaian and long time West side resident and representative of the plaintiff group, Ke Kauhulu o Mana.

“The State of Hawaii as the present caretaker of these lands needs to take that responsibility seriously.

We are disappointed that to date, they have failed to do so. We feel compelled to take this legal action to ensure that the regulations designed to preserve and protect crown lands are respected, and that state agencies do their job and enforce those laws,” he added.

The complaint states that the DLNR must require and ensure the execution of a full Environmental Impact Statement (EIS) covering the lands currently being used by Syngenta.

Based on what is known of the company’s activities thus far, and because of the close proximity of the parcel in question to the ocean and its conservation designation, Syngenta’s use of the land will have significant impacts on the recreational use of the beach and near-shore waters, adjacent reef eco-systems, fishermen, surfers and endangered native species.

Area once considered for park expansion leased instead to Syngenta

In granting Syngenta its permit to utilize the lands the DLNR has stated the action is exempt from the requirements of HRS343 as no significant impacts are expected.  The complaint alleges this decision was made based on only a superficial review.  

That review is woefully inadequate in light of the area’s conservation zoning, its proximity to the coastline and the pesticide-intensive nature of the proposed use by Syngenta.

The complaint further points out that exemption to HRS343 was granted even though the Office of Hawaiian Affairs expressed concerns about possible burials in the area and even though Syngenta’s own federal permits indicate much of the work is done in areas that impact critical habitats of rare and endangered species.

The approximately 60 acre parcel comprises section 5(b) lands, which means they are held in public trust for the people of Hawai`i and are subject to native Hawaiian entitlements.  The area was previously identified by State agencies as ideal for future park expansion, but is now part of Syngenta’s approximately 3,000 acres of leased, publicly-owned crown lands on Kauai’s west side.

Pesticide-intensive industrial farming hazardous to health and the environment

The complaint argues that a full EIS is needed given the scale and nature of the planned industrial farming activities which are distinctly different from the operations of local farmers in several ways.

First and foremost, these large scale actions are occurring on state-owned conservation lands situated in a sensitive coastal environment.

Secondly they involve the heavy application of restricted use pesticides (RUP). Thirdly, night-time activity involving the use of bright lights is known to impact endangered species such as the ‘a’o (Newell’s Shearwater) and ua’u (Hawaiian Petrel). The Kauai Endangered Seabird Recovery Project has reported that between 1993 and 2013, populations of the ‘a’o declined by 94 percent while the ua’u declined by 78 percent.

The federal permits held by Syngenta to grow experimental crops state clearly that the activity is occurring in areas where critical habitats for endangered species exist.

The case will be heard in the environmental court on Kaua‘i, presided over by the Hon. Randal Valenciano.

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Big Oil's plan for public land denied

SUBHEAD: US Senate denies Trump plan to overturn Obama restriction on methane flaring on federal lands.

By Andrea Germanos on 10 May 2017 for Common Dreams -
(https://www.commondreams.org/news/2017/05/10/senate-just-killed-trumps-plan-hand-our-public-lands-big-oil)


Image above: Methane flares as the gas is burned off at shale oil well site. From (http://www.globalchange.gov/news/white-house-issues-methane-reductions-strategy).

"Just when we thought all hope was lost, common sense prevailed today in the United States Congress," said Jessica Ennis, senior legislative representative with the environmental law organization Earthjustice.

That's because the Senate on Wednesday failed to pass a Congressional Review Act (CRA) resolution that would have killed an Obama-era Bureau of Land Management (BLM) rule that limits methane flaring from fossil fuel production on federal and tribal lands.

"Methane is a potent contributor to climate change, and letting companies simply vent or flare methane in vast quantities from their operations on publicly-owned lands is foolhardy," explained Jeremy Martin, senior scientist with the Clean Vehicles Program at the Union of Concerned Scientists (UCS). "That’s why it's so important that we protect common-sense standards, and why this resolution deserved a 'no' vote."

That vote was 49-51, with three Republicans—Susan Collins of Maine, Lindsey Graham of South Carolina, and Jon McCain of Arizona—joining Democrats in voting "no."

The House already voted to kill the rule, which environmental groups said amounted to "giving away a taxpayer-owned resource for free," and was thanks to the CRA, "a dirty trick that Congress can use to do the oil industry's bidding."

If the resolution had been successful in the Senate, it would have made making fossil fuel companies accountable for their pollution "nearly impossible," said UCS's Martin—"not only would it have overturned current rules, it would have blocked future administrations from setting standards."

Now, with that effort stopped, climate campaigners are cheering, though "[t]he fact that Congress even considered this giveaway to the oil industry is stunning," said Brett Hartl, government affairs director at the Center for Biological Diversity. "We applaud the senators who stepped up to kill this resolution, ensuring that people will breath cleaner air and saving taxpayers millions of dollars."

According to Lukas Ross, Friends of the Earth's climate and energy campaigner, the vote marks a "victory against Trump's plan to hand our public lands to Big Oil [and] is a win for the American people. Reducing venting and flaring from oil wells will reduce emissions contributing to climate change and save public resources. Today the Senate proved it will not always rob taxpayers to line Big Oil's pockets," he continued.

Still, it's not the time for climate campaigners to put their guard down.

"While we have beaten back this attack on the BLM methane rule, we know that Trump and his Big Oil cronies are eyeing other avenues," Ross cautioned. "An earlier Executive Order already instructs [Interior Department] Secretary Zinke to examine how to give Big Oil an ever bigger share of our public lands. We will continue to fight against any efforts to endanger the future of our lands and our climate," he said.

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Grand Theft Aina: Part II

SUBHEAD: Another heist-scam spree to give corporations control of public Hawaiian lands.

By Shannon Rudolph on 1 May 2017 in Island Breath -
(http://islandbreath.blogspot.com/2017/05/grand-theft-aina-part-ii.html)

http://www.islandbreath.org/2017Year/05/170502gta2big.jpg
Image above: Poster for opposition to another scam from developers to get their hands on Hawaiian public land. From author. Click to enlarge.

[IB Publisher's note 5/3/17: This proposal was defeated.] 
[IB Publisher's note 5/1/17: In 2012 when then Governor Neil Abercrombie brought the PLDC proposal to Kauai he was booed so badly he had to leave the stage and exit the venue. The move was a career ender.]


We already told legislators we do not want another Public Land Development Corporation (PLDC) type bill to be passed at the legislature - there are other, better ways to deal with these issues and do not want to have to mount another repeal of a bad bill that gives away Hawaiian/Public property.

The existing laws were put in place for very good reasons & ought to stay the way they are to protect our interests from shady deals with little public input and oversight.

In the last week of the legislature - This IS Grand Theft `Aina - Part 2... and it's going to take ALL of us to stop it in it's tracks on TUESDAY!

Please SHARE with your friends & ohana!

Please copy all Legislator email addresses at the bottom of this post and shoot them a quick email to tell them to knock it off - the public is aware of what they're trying to do - and do not approve!

UNITE HERE Local 5 (Hawaii's Hospitality & Healthcare workers union) noted:
“The legislation puts significant decisions about state land use into the hands of unaccountable, unelected committees to an extent that goes far beyond what existing state and county boards and commissions have. Through the requirements in the bill about who may serve on such committees, they will tend to be biased toward the unchecked, profit-driven short-term interests of developers, real estate salespeople and bankers.

"Hawaii is a small state, and people in these circles work together frequently – because of this, committee members are almost certain to have direct or indirect conflicts of interest. 

This legislation gives these unaccountable, unelected, conflicted committees the power to lease out state land for as long as they choose at whatever rates they choose, which runs directly counter to good procurement practice.

“The legislation proposes just one hearing before an unaccountable, unelected body at which the public can voice its concerns about a redevelopment project. There is no binding language that would give that public input any influence at all over a committee’s plans. 

There is no language mandating where, when, or at what point in the redevelopment process such a hearing would take place. There is no language ensuring the public would even have access to information necessary to give informed testimony about a redevelopment plan.

“We are in the midst of a real estate development bubble. There is no reason this legislation should artificially prop up developers or add to the incentives they already have. 

On the contrary, creating artificial incentives to build in places not supported by market demand is very risky for the state long-term. It is likely to create even more blight than whatever may already exist in a given area. This bill is written in such a way that this risk will be borne entirely by Hawaii’s citizens, not by developers.

Developers will not have an ongoing, longterm responsibility to the success of the projects they may build with the help of this bill. It is additionally perplexing that this bill does not even mention housing, much less contemplate or allow for housing to be a part of any redevelopment plans. Considering that the lack of affordable housing is one of the biggest crises Hawaii residents face, the absence of any discussion about housing in this bill is a glaring problem.”
Common Cause Hawaii opposed the bill:
“As this bill seems reminiscent of the Public Lands Development Corporation (PLDC), we are reminded that one of the many issues raised was the lack of transparency and access. 

Thus, because planning committees are given broad powers including the ability to renew or renegotiate leases, and the ability to make and execute contracts, it should be clearly specified that all planning committees and their meetings are subject to our Sunshine Laws to ensure that the public has every opportunity to participate and voice their opinions on plans and activities.

We believe that the public should be involved from the outset, not after a plan has already been drafted, as these plans and how they’re implemented will affect their neighborhoods and daily lives.”
The League of Women Voters of Hawaii said:
“We support public planning for redevelopment of public lands and transparent, competitive procedures for award of long-term commercial leases on public lands. We oppose HB 1469, HD1, SD1 because this bill contains provisions which would encourage existing commercial lessees of public lands to ‘play politics` to gain special unfair treatment.”
The conference draft morphed the bill into a version that some believe is a sweetheart deal for existing tenants on any state land, including the University of Hawaii and the Thirty Meter Telescope (TMT) on Mauna Kea.

Under existing law, leases of state lands can’t exceed 65 years. Then they need to go back out for auction. The policy is that any lease longer for 65 years is essentially a sale of land. So to be fair, you put it up for auction to allow new parties to bid. The final version of the bill eliminates the 65-year limit on any new or existing lease on any state lands. Basically, it’s turning tenants into potential owners of state land.

It also eliminates the Land Board’s rights to access certain information from lessees (making it optional) who sell, assign or sublease state land."​
Link: http://www.ililani.media/2017/05/hawaii-legislature-contemplates-return.html

BILL HERE:
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1469&year=2017

​EMAIL NOW! ​
​"No on HB 1469!!!​ HD1 SD2 CD1​"

LIST OF REPRESENTATIVES IN LEGESLATURE (cut and paste into email)
senbaker@Capitol.hawaii.gov, senchang@capitol.hawaii.gov, sendelacruz@capitol.hawaii.gov, senenglish@capitol.hawaii.gov, senespero@capitol.hawaii.gov, sengabbard@capitol.hawaii.gov, sengaluteria@capitol.hawaii.gov, sengreen@capitol.hawaii.gov, senharimoto@capitol.hawaii.gov, senihara@capitol.hawaii.gov, seninouye@capitol.hawaii.gov, senkahele@capitol.hawaii.gov, senkeithagaran@capitol.hawaii.gov, senkidani@capitol.hawaii.gov, senkim@Capitol.hawaii.gov, senkouchi@Capitol.hawaii.gov, sennishihara@capitol.hawaii.gov, senrhoads@capitol.hawaii.gov, senriviere@capitol.hawaii.gov, senruderman@capitol.hawaii.gov, senshimabukuro@capitol.hawaii.gov, sentaniguchi@capitol.hawaii.gov, senthielen@capitol.hawaii.gov, sentokuda@capitol.hawaii.gov, senwakai@capitol.hawaii.gov, repaquino@Capitol.hawaii.gov, repbelatti@Capitol.hawaii.gov, repbrower@Capitol.hawaii.gov, repcachola@Capitol.hawaii.gov, repchoy@Capitol.hawaii.gov, repcreagan@Capitol.hawaii.gov, repcullen@Capitol.hawaii.gov, repdecoite@Capitol.hawaii.gov, repevans@Capitol.hawaii.gov, repfukumoto@Capitol.hawaii.gov, repgates@Capitol.hawaii.gov, rephashem@Capitol.hawaii.gov, repholt@Capitol.hawaii.gov, repichiyama@Capitol.hawaii.gov, reping@Capitol.hawaii.gov, repito@Capitol.hawaii.gov,repjohanson@Capitol.hawaii.gov, repkeohokalole@Capitol.hawaii.gov, repkobayashi@Capitol.hawaii.gov, replee@Capitol.hawaii.gov, replopresti@Capitol.hawaii.gov, replowen@Capitol.hawaii.gov, repluke@Capitol.hawaii.gov, repmatsumoto@Capitol.hawaii.gov, repmcdermott@Capitol.hawaii.gov, repmckelvey@Capitol.hawaii.gov, repmizuno@Capitol.hawaii.gov, repmorikawa@Capitol.hawaii.gov, repnakamura@Capitol.hawaii.gov, repnakashima@Capitol.hawaii.gov, repnishimoto@Capitol.hawaii.gov, repohno@Capitol.hawaii.gov, reponishi@Capitol.hawaii.gov, repmoshiro@Capitol.hawaii.gov, repquinlan@Capitol.hawaii.gov, repsaiki@Capitol.hawaii.gov, repsanbuenaventura@Capitol.hawaii.gov, repsay@Capitol.hawaii.gov, repsouki@Capitol.hawaii.gov, reptakumi@Capitol.hawaii.gov, reptodd@Capitol.hawaii.gov, reptokioka@Capitol.hawaii.gov, reptupola@Capitol.hawaii.gov, repward@Capitol.hawaii.gov, repwoodson@Capitol.hawaii.gov, repyamane@Capitol.hawaii.gov, repyamashita@Capitol.hawaii.gov



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Restrictions on Hawaii public land

SOURCE: Rayne Regush (RayneRegush@aol.com)
SUBHEAD: New law will make it that much easier to legally prohibit access to public trails.

By Debora Chang on 28 March 2017 in Island Breath -
(http://islandbreath.blogspot.com/2017/03/rrestrictions-on-hawaii-public-land.html)


Image above: Photo by Kaleo Lancaster of hike on Laie Ridge Trail on public land on Oahu, Hawaii. From (http://kaleolancaster.blogspot.com/2012_12_01_archive.html.

Please take some time to read about this bill which is making its way through the legislature. I’m concerned that it could make many of us criminal trespassers if passed.

It is SB895 SD1 HD1 and here’s the link to the current version: See (http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=895&year=2017).

 I have also attached a PDF copy of it here: (http://www.islandbreath.org/2017Year/03/170329SB895.pdf).

The bill is scheduled for a hearing before the House Judiciary Committee this Wednesday, March 29.

Unfortunately, I’ve been distracted with other concerns to pay much attention to the legislative session this year (like most of us who have jobs to do). I did see a Native Hawaiian testifying against this bill on the TV news a few weeks ago, which prompted me to take a closer look.

My concerns are not with the beginning part of the bill, but with the rather innocent-looking changes proposed at the latter part of the bill.

Beginning on p. 5, agricultural government property would be added to the list of offenses qualifying as criminal trespass in the second degree. While criminal trespass in the second degree is a “petty misdemeanor,” you end up with a criminal record if found guilty of such an offense.

The bill starts off making it a criminal trespass offense to enter on to closed “improved state land.” It describes lands that are clearly developed, fenced, signed, and closed to public access.

I don’t have a problem with such regulations over state harbors, highway baseyards, etc., although advocates of the homeless seem to be most concerned about this part of the bill.

Where the bill gets especially relevant to those of us who live in rural areas surrounded by vast, undeveloped agricultural lands, is from page 5 to the last page, where it proposes to amend Section 708-814 of the HRS.

Agricultural private lands have had this protection from trespassers in the law for some time. This bill would add government property to this protection.

The only requirement would be to post no trespassing signs at reasonable intervals and next to roads or trails entering the property.

My major concern is where historic Hawaiian trails exist on private lands. These trails, in many cases, are government property.

The Haleakala Trail, Judd Trail, Hookena-Kauhako Trail, several trails to Kaawaloa, and Kauai Ala Loa, are just a few historic trails that come to mind. These trails and many others are kept closed by the state for lack of “resources” to open them to the public. While they remain closed, they are vulnerable to being “lost” to neglect, becoming overgrown and unrecognizable, damage, and destruction.

This law will make it that much easier to legally prohibit access to trails that are public trails per the Highways Act of 1892.

Most people are respectful of keep out signs, and over time the knowledge that a public trail exists in that area will be lost.

Only Native Hawaiians will be able to legally access the public trails as part of customary practices, but posting a no trespassing sign at the trail is likely to discourage or intimidate Native Hawaiians too.

The law currently protects Native Hawaiian rights to use the trails – see Section 6 on the bill’s last page. Is this an acceptable approach where public trails are concerned?

Another important detail:  the Bill’s "Description" on the final page states that the criminal trespass offense applies to government agricultural property even though it may not be fenced or enclosed.

This clearly applies to historic trails, which are usually not fenced on both sides or otherwise enclosed.

The more I read this bill, the more deeply concerned I become. I urge you to email your concerns to the House Judiciary Committee members as soon as possible, if you share these concerns! Here’s the link to the committee that names the members: See (http://www.capitol.hawaii.gov/committeepage.aspx?comm=JUD&year=2017

If you want to send an email to them you can use this link: See (http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=895&year=2017)

There is a “Submit Testimony” button near the top. You will have to go through a sign in procedure before submitting your testimony.

Mahalo for your time and attention! If we don’t care, who will?

See also:
Ea O Ka Aina: Determining Kauai's Ala Loa Trail 2/18/17
Ea O Ka Aina: Kauai's Ala Loa Trail 11/6/15
Ea O Ka Aina: Haleakala Trail is public land 4/27/14
Ea O Ka Aina: The Ala Loa Trail 4/10/14
Ea O Ka Aina: Trails and Tribulations 2/26/13


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Determining Kauai's Ala Loa Trail

SUBHEAD: State lawmakers may identify the path of the ancient Ala Loa trail on Kauai as a public trail.

By Timothy Hurley 17 February 2017 for Star Advertiser -
(http://www.staradvertiser.com/2017/02/17/hawaii-news/bill-aims-to-settle-disputes-over-trail-on-kauai/)


Image above: Photo looking west along the Kalaloa Trail on the north shore of Kauai. This section of the overall Ala Loa Trail system is still in everyday use. From (http://islandbreath.blogspot.com/2015/11/kauais-ala-loa-trail.html).

[IB Publisher's Note: To follow and comment on this legislation see (http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=120&year=2017)]

State lawmakers are weighing a bill that requires the state to identify the path of the ancient Ala Loa trail on Kauai and recognize it as a public trail.

The trail, which generally follows the coast around the island, apparently includes a section that crosses the property of Facebook CEO Mark Zuckerberg as well as other oceanfront property owners reluctant to open their land.

More than 100 people marched near Zuckerberg’s property Feb. 4 in what was billed as a peaceful demonstration to “Save the Ala Loa” and urge that it be opened to the public. Some were Native Hawaiians looking for coastal access for fishing and gathering purposes.

The bill, introduced by state Rep. Kaniela Ing, is expected to be approved on second reading today by the House Committee on Ocean, Marine Resources and Hawaiian Affairs and then move on to the House Committee on Water and Land.

The measure was approved Tuesday despite a request by state Department of Land and Natural Resources Chairwoman Suzanne Case that it be deferred.

In written testimony, Case said that while the department, through its Na Ala Hele trail and access program, has determined from registered maps that the trail is owned by the state, the problem is that the exact location still remains undetermined.

“To date the department has not been able to confirm the location of this historic trail — indeed evidence indicates it may have been located further mauka away from the coast near the main highway,” she said.

Nevertheless, officials remain committed to an ongoing dialogue with community members regarding specific trail locations, and the department is continuing to review “all available information” in an effort to determine the trail’s whereabouts, Case said.

But Jocelyn Doane, public policy director for the Office of Hawaiian Affairs, said more than enough information is available to pinpoint what she called a “critical cultural pathway.”

Doane said officials with OHA and the Native Hawaiian Legal Corp., along with community members in the Koolau district of North Kauai, have been working on the issue since 2011.

“Through this work and the great work of the community, OHA believes that the specific scope and location of the Ala Loa extending through the Koolau district has in fact been thoroughly documented,” Doane said.

The historic trail appears on maps from as early as 1833 through 1900 and is recognized in land commission award documents that date back to the Great Mahele, the land distribution of 1848.

What’s more, ancient coastal settlements in the Koolau district such as Moloaa, Papaa and Aliomanu were traditionally linked by the Ala Loa, she said, and accounts of the use of this historic trail have been documented in publications from 1829 to 1895.

Doane said she walked portions of the trail with community members only two weeks ago.

“There’s no question they know exactly where the Ala Loa is,” she said.

The state’s authority to claim ownership of ancient trails dates back to when Queen Lili‘uokalani and the legislature of the kingdom of Hawaii enacted the Highways Act of 1892, a law that still remains on the books.

Under the law, all roads, trails, bridges and other forms of public access that can be verified to have existed before 1892 continue to be owned in fee simple by the state.

The law applies even if the trail is not physically on the landscape, having, for example, been wiped out from ongoing land use activities or by natural events. But the burden of proof rests with the state, which must consider archaeological reports, historic maps, historic accounts, surveyor’s notes, deeds and other sources of information that might help determine state ownership.

In written testimony, Kauai County Councilman Mason Chock said identifying and recognizing the trail would be an important step in securing public-access, hunting and gathering rights for many Native Hawaiians.

It would also help end the escalating tension between Native Hawaiians, private landowners and residents in regard to its location, Chock said.

Some residents have complained about fences blocking access, security guards patrolling beaches and fishermen being threatened with arrest.

See also:
Ea O Ka Aina: Modest Disruption will unravel us 11/25/15
Ea O Ka Aina: No need for $7m from state 11/12/15
Ea O Ka Aina: Kauai's Ala Loa Trail 11/6/15
Ea O Ka Aina: The Toxic Truth 4/18/14
Ea O Ka Aina: The Ala Loa Trail 4/10/14
Ea O Ka Aina: Trails and Tribulations 2/26/13
Ea O Ka Aina: Sleeping with the Enemy 5/24/11
Ea O Ka Aina: Paradise Ranch Rationalization 2/16/11

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Trump tries privatizing public lands

SUBHEAD: Hunters and Fishers score quick kill on Republican plan to sell western public lands.

By Kirsten Downey on 6 February 2017 for Civil Beat -
(http://www.civilbeat.org/2017/02/hunters-and-fishermen-score-a-quick-kill-of-public-lands-bill/)


Image above: After the state the Federal government is the largest owner of land in Hawaii including the land around Haleakala on Maui shown here. Photo by the Good Reverend Flash. From original article.

A congressional land grab of 3.3 million acres didn’t sit well with groups that use public lands, a significant issue for Hawaii, too.

The first attack on public lands under the Trump administration came fast, and it died fast, too.
 
Responding to ferocious public pressure generated by two upstart public-lands advocacy groups, U.S. Rep. Jason Chaffetz, a Republican from Utah who chairs the House Oversight and Government Reform Committee, has dropped his plan to force the sale of 3.3 million acres of federal land in the western United States to the highest bidder.
The federal government owns 20 percent of the land in Hawaii including Haleakala National Park on Maui.

“Political activism is the only way to protect public lands from President Trump and his cheerleaders in Congress, and it works,” said U.S. Rep. Raul Grijalva, an Arizona Democrat, ranking minority member of the House Natural Resources Committee.

The Democrats on the committee haven’t gotten a lot of vocal support from the public for the past few years — with President Barack Obama in office, people thought their efforts weren’t needed — so he and his staffers watched the developments unfold, first with worry, and then with surprise and admiration.

What happened to the measure, H. R. 621, The Disposal of Excess Federal Lands Act of 2017, has important consequences for Hawaii as well. 

About 20 percent of the land in Hawaii is owned by the federal government, falling under three basic jurisdictions — the U.S. Fish and Wildlife Service, the National Park Service and the Defense Department. What happens to one set of federal lands can easily happen to another.

Hawaii U.S. Rep. Colleen Hanabusa will be playing a major role watching over federal lands. 

On January 24th she was named ranking member of the federal lands subcommittee of the House Natural Resources Committee, which will give her jurisdiction over the National Park system, national trails, historic and prehistoric sites on federal lands, Forest Service and wildlife resources.

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MV-22 Osprey landing at Salt Pond

SUBHEAD: Multiple landings and takeoffs of controversial aircraft at Kauai public beach.

By Juan Wilson on 5 February 2017 for Island Breath -
(http://islandbreath.blogspot.com/2017/02/mv-22-oprey-landings-at-salt-pond.html)


Image above: Photo for this article by Juan Wilson of Osprey aircraft landing over Salt Pond Beach Park.

Last Tuesday, January 31st, I was at the beach with my wife Linda and granddaughter Ruby. We were at the kiddy beach at the west end of Salt Pond Park in Hanapepe, Kauai, Hawaii. It was a pleasant sunny day and there were several locals and tourists on the beach and in the water.

At four-thirty in the afternoon a deep guttural growl could be heard coming from the east. In moments the sound amped up as a strange looking "plane" flew past going west offshore of the southern extremity of nearby Puolo Point. The profile was that of uniquely odd MV-22 Osprey helicopter/plane that was developed primarily for the US Marine Corps.

The Osprey has rotational wings that old two turbine propeller engines that allow it to fly much faster than a conventional helicopter yet rotate its engines and land vertically.

"The best of both world's?" Not exactly! I knew from previous reporting that the Marine Corps had been having performance issues with the Osprey.

It was found that the Osprey is quite sensititve to dust entering its turbine engines when landing in sandy and dusty conditions. It has experienced crashes. Hovering for even a short while over dusty terrain had to be severely limited.

I had hard that the military had plans to do training for the Ospreys on Kauaiand be stationed out of the Pacific Missile Range Facility (PMRF). I heard it involved difficult landings and takeoffs from narrow valleys on the Napali Coast. I assumed the passing Osprey was on its way west to land at the PMRF for that training.

But once shortly just past Kamakani near the old Gay & Robinson sugar mill the Osprey could be seen turning around. It approached Salt Pond Beach low and fast. As it past the sound of the rotors was quite load. The Osprey passed right over swimmers and people on the beach and slowed as it came to the runway near Puolo Point.

That's when the thing got really noisy. As it rotated its wings to vertical orientation it ceased traveling horizontal and the engines whined loudly. There must be some strange dynamic between the horizontal and vertical flight that causes chaotic and disturbing vibrations boomed across the water to where I stood a half a mile away. It sounded like a controlled crash.

The Osprey never shut down its engines after landing. In a moment it revved up the turbines and began a vertical take-off. Again chaotic and noisy at it made it transition to horizontal flight. Some people did not understand what was going on and seemed disturbed.

The Osprey took off going east and somewhere over Hanapepe Sound came around to west again and past again heading towards Kamakane. Once there it did a one-eighty and returned to land again. It seemed a little closer to where I stood in the kiddy pond.By this time I was shaking my fist at the Osprey.

Altogether there were three test landings over the public beach.

A a resident of Hanapepe, and a frequent user of Salt Pond Beach Park, I strongly request that the US military use its own 10,000 foot runways at the PMRF for this training activity and stay away from public recreational areas with this controversial aircraft.

The Japanese on Okinawa have had a long struggle with the US Marines and their Ospreys. This Janaury 9th there was a non-fatal crash of an Osprey in Okinawa that brought safety fears to the fore. See (http://www.japantimes.co.jp/news/2017/01/09/reference/nonfatal-osprey-crash-okinawa-brings-safety-fears-fore/#.WJe8rRAnr6g).

Closer to home their has been a crash on Oahu.

After relating this encounter with the Marines to a friend he identified a valley on the Napali Coast where if one hikes these days you will be met with camouflaged armed soldiers coming from hidden structures who will frog-walk you out of the valley.


Visdeo above: Osprey aircraft takes of after passing over Salt Pond Beach Park and landing on tarmac of runaway near Puolo Point near Hanapepe, Kauai, on 31 January 2017. Filmed by Juan Wilson.  From (https://youtu.be/j6eAKPpbun8).


Image above: Two days before this landing on Kauai an Osprey crashed in burned in Yemen during the ill-fated Al Qaeda raid by Seal Team Six. From (https://theaviationist.com/2017/01/29/u-s-mv-22-osprey-tilt-rotor-aircraft-crash-lands-in-yemen-during-special-ops-raid-on-al-qaeda/).

See also:
Ea O Ka Aina: Kauai and Niihau endangered 9/24/16
Ea O Ka Aina: Oceans 4 Peace Pacific Pivot Panel 6/18/16
Ea O Ka Aina: Judgement against RIMPAC 2016 5/29/16
Ea O Ka Aina: Okinawans wish US military gone 8/26/15
Ea O Ka Aina: RIMPAC 2014 in Full March 7/17/14
Ea O Ka Aina: Stop bombing Kaula Island! 10/8/12
Ea O Ka Aina: Marines backing off 8/24/12
Ea O Ka Aina: Unproved Osprey on Kauai 8/21/12




Crackdown on Kalalau Hikers

SUBHEAD: The reason for crack down in Kalalau is that the first strike weapon base on Kauai doesn’t want strangers nearby.

By Ray Songtree on 6 February 2016 for Kauai Transparency Initiative -
(https://lipstick-and-war-crimes.org/kauai-cracks-kalalau-hikers-protect-security-state/)


Image above: Paul and Laura finding the Kalalau Trail closed. From (http://kalalautrail.com/kalalau-trail-closed/).

Some operators offered boat trips into Kalalau. They still will, but they won’t land on beach which was the illegal part, and people will need permits to be onshore. I have used their services. They haul out tons of trash.

The people who live there are trying to live a simple lifestyle and I support them. I am not into total control and needing a permit to go hiking. It is just a matter of time before there is permanent settlements and agriculture in Kalalau and the government is presently in the way. It should be allowed now.

Off grid living without zoning or intrusions should be normal.  But of course, that is anathema to this regime which allows nothing to be un-regulated and comes up with more and more and more safety excuses for more intrusion. We have to obey the insurance industry, after all.
The garbage everywhere is crazy. I’m looking forward to when most packaging is illegal, and most goods are sold in bulk, with people providing their own bags which are not disposable.  Wouldn’t that be cheaper than garbage pickup?

But before that common sense happens, tourism will crash and people will start living in Kalalau again.  This will happen in my lifetime. The bubble of tourism is going to decline as all the destabilization programs, such as cheap heroin, wrecks society. They need an excuse.

So geoengineering, heroine, Muslims… some perfect storm of stress to cause the system to fail to carefully control-demolish society, before it crashes randomly of its own top heavy imbalance, the way the medical industry will fail soon.

After the U.S. armed the Mexican Drug Cartels, they transferred opium production from Afghanistan to Mexico (banned by Taliban and back in production instantly after US came in).

Heroin is allowed in by Homeland Security. Think about that! Why not tons of plastic explosives? Homeland security could stop neither, so it is a farce
https://slowdecline.wordpress.com/2011/11/30/heroin-mexico-becomes-the-largest-exporter-to-united-states-drug-addicts/
http://www.thenewamerican.com/world-news/north-america/item/17396-u-s-government-and-top-mexican-drug-cartel-exposed-as-partners
If you think a wilderness experience should include being checked at gunpoint by police, like Penny and I were checked, is that a quality experience?

The reason for crack down in Kalalau is that the first strike weapon base on Kauai doesn’t want strangers nearby. It is a criminal offense to not have a permit. To go hiking a few miles from your home with your daughter is a crime.

I am now a criminal and experienced being in a court house for first time in my life this winter. Crime – I was hiking with my 9 year old daughter.

See also:
Ea O Ka Aina: Fuck the PMRF's Aegis plan! 1/22/16
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The Commons is the Future

SUBHEAD: The falsity of the state/private dilemma can also be seen from the symbiotic-like relationship between the two.

By Yavor Tarinski on 20 January 2016 for Geo Coop -
(http://www.geo.coop/story/commons-future)


Image above: A kind of Commons. The Flemingdon Health Centre community garden. Photo by Laura Berman. From (http://greenfusestock.photoshelter.com/image/I0000ChNcdGVaK74).
People called commons those parts of the environment for which customary law exacted specific forms of community respect. People called commons that part of the environment which lay beyond their own thresholds and outside of their own possessions, to which, however, they had recognized claims of usage, not to produce commodities but to provide for the subsistence of their households.”~Ivan Illich 1

Introduction

In their book The Economic Order & Religion (1945), Frank H. Knight and Thomas H. Merriam argue that social life in a large group with thoroughgoing ownership in common is impossible 2. William F. Lloyd

and later Garret Hardin, in the same spirit, promoted the neo-Malthusian 3 term “Tragedy of the Commons” 4 arguing that individuals acting independently and rationally according to their self-interest behave contrary to the best interests of the whole group by depleting some common-pool resources.

Since then, the thesis that people are incapable of managing resources collectively, without control and supervision by institutions and authorities separated from the society, have successfully infiltrated the social imagination.

Even for large sections of the Left, managing resources in common is viewed as utopian, and therefore they prefer to relegate the possibility to the distant future. Instead of embracing the commons today, they linger between variations of private and state-based forms of property 5. This maintains the supposed dilemma of private/state management of common-pool resources, which leads to the marginalization of alternative approaches.

A great many voices trying to break with this private/state dichotomy have always been always present, and are currently growing in numbers. For autonomists Michael Hardt and Antonio Negri, this is a false dilemma. According to them:
The seemingly exclusive alternative between the private and the public corresponds to an equally pernicious political alternative between capitalism and socialism. It is often assumed that the only cure for the ills of a capitalist society is public regulation and Keynesian and/or socialist economic management; and, conversely, socialist maladies are presumed to be treatable only by private property and capitalist control. Socialism and capitalism, however, even though they have at times been mingled together and at others occasioned bitter conflicts, are both regimes of property that excluded the common. The political project of instituting the common...cuts diagonally across these false alternatives 6
The falsity of the state/private dilemma can also be seen from the symbiotic-like relationship between the two supposed “alternatives”. Author and activist David Bollier points at the historic partnership between the two 7. According to him, the markets have benefited from the state’s provisioning of infrastructure and oversight of investment and market activity, as well as the state’s providing of free and discounted access to public forests, minerals, airwaves, research dollars and other public resources.

On the other hand, the state depends upon markets as a vital source of tax revenue and jobs for people – and as a way to avoid dealing with inequalities of wealth and social opportunity, which are two politically explosive challenges.

At first sight, it seems like we are left without a real option, since the two “alternatives” we are being told that are possible “from above” are pretty much leading to the same degree of enclosure as we saw earlier in history, the beneficiaries of which were a few elites.

But during the last several years, the paradigm of “the commons” has emerged from the grassroots as a powerful and practical solution to the contemporary crisis, and a step beyond the dominant dilemma. This alternative is emerging as a third way, since it goes beyond the state and the “free” market and has been tested in practice by communities in the past and the present.

The logic of the commons

The logic of the commons goes beyond the ontology of the nation-state and the “free” market. In a sense it presupposes that we live in a common world that can be shared by all of society without some bureaucratic or market mechanisms to enclose it. Thus, with no enclosure exercised by external managers (competing with society and between each other), the resources stop being scarce since there is no more interest in their quick depletion.

Ivan Illich notes that when people spoke about commons, they designated an aspect of the environment that was limited, that was necessary for the community's survival, that was necessary for different groups in different ways, but which, in a strictly economic sense, was not perceived as scarce 8.
 The logic of the commons is ever-evolving and rejects the bureaucratization of rights and essences, though it includes forms of communal self-control and individual self-limitation. Because of this, it manages to synthesize the social with the individual.

The commons can be found all around the world in different forms: from indigenous communities resisting the cutting of rainforests and Indian farmers fighting GMO crops to open source software and movements for digital rights over the internet. The main characteristics that are found in each one of these examples are the direct-democratic procedures of their management, open design and manufacturing, accessibility, and constant evolution.

The commons have their roots deep in antiquity, but through constant renewal they are exploding nowadays, adding to indigenous communal agricultural practices new 'solidarity economic' forms as well as high-tech FabLabs, alternative currencies and much more. The absence of a strict ideological frame enhances this constant evolution.

The logic of the commons is deeply rooted in the experience of Ancient Athens. The Greek-French philosopher Cornelius Castoriadis describes this time as a period during which a free public space appeared 9. Castoriadis depicts it as a political domain which 'belongs to all' (τα κοινα – the commons in Greek). The ‘public’ ceased to be a ‘private’ affair – i.e. an affair of the king, the priests, the bureaucracy, the politicians, or/and the experts. Instead decisions on common affairs had to be made by the community.

The logic of the commons, according to the anthropologist Harry Walker 10, could also be found in the communities of Peruvian-Amazonia, for whom the most desirable goods were not viewed as rival goods - in contrast with modern economics, which assumes that if goods are enjoyed by one person, they can't be enjoyed by another. The Peruvian-Amazonian culture was focused on sharing and on the enjoyment of what can be shared rather than privately consumed.

Swiss villages are a classic example of sustainable commoning. Elinor Ostrom shed light on this with her field research in a particular area of Switzerland 11. In the Swiss village in question, local farmers tend private plots for crops but share a communal meadow for herd grazing.

Ostrom discovered that, in this case, an eventual tragedy of the commons (hypothetical overgrazing) is being prevented by villagers maintaining a common agreement that one is only allowed to graze as many cattle as they can take care of during the winter months. This practice dates back to 1517.

There are other practical and sustainable examples of effective communal management of commons that Ostrom discovered in the US, Guatemala, Kenya, Turkey, Nepal and elsewhere.Elinor Ostrom visited Nepal in 1988 to research the many farmer-governed irrigation systems 12.

The management of these systems was done through assemblies of local farmers held annually and also informally on a regular basis. Thus agreements for using the system, its monitoring and sanctions for transgression were all created on a grassroots level.

Ostrom noticed that farmer-governed irrigation systems were more likely to produce not in favor of markets, but for the needs of local communities: they grow more rice and distribute water more equitably. She concluded that although the systems in question vary in performance, few of them perform as poorly as the ones provided and managed by the state.

One of the brightest contemporary examples for reclaiming the commons is the Zapatista movement. In 1994, the Zapatistas revolted against the North American Free Trade Agreement (NAFTA) that was seeking the complete enclosure of common-pool resources and goods that were vital for the livelihood of indigenous communities. Through the Zapatista uprising, the locals reclaimed their land and resources, and have successfully managed them through a participatory system based on direct democracy for more than 20 years.

The digital commons, on the other hand, includes wikis, such as Wikipedia, and open licensing organizations such as the Creative Commons and many others. Social movement researcher Mayo Fuster Morell defines them as "information and knowledge resources that are collectively created and owned or shared between or among a community that tend to be non-exclusive, that is, be (generally freely) available to third parties. Thus, they are oriented to favor use and reuse, rather than to exchange as a commodity. Additionally, the community of people building them can intervene in the governing of their interaction processes and of their shared resources." 13

In other words, the logic of the commons is to strive towards inclusiveness and collective access to resources, knowledge and other sources of collective wealth, which necessarily requires the creation of socially active and devoted stewards of these commons.

This means a radical break with the currently dominant imagery of economism, which views all human beings simply as rational materialists, always striving at maximizing their utilitarian self-interest. Instead it implies the radical self-instituting of society to allow its citizens to directly manage their own commons.

The commons as model for the future

A main characteristic shared between different cases of commoning is grassroots interactivity. The broad accessibility of such resources, and their ownership being held in common by society, presupposes that their management is done by society itself.

Thus state involvement is incompatible with such a broad popular self-management, since statist forms imply the establishment of bureaucratic, managerial layers separated from society. That is, the commons go beyond (and are often even detrimental to) various projects for nationalization.

The same goes for the constant neoliberal efforts to enclose what is still not privatized. Against these, social movements across the globe rose up during the last couple of years with alternative proposals including - in one form or another - a wide project of direct democracy. Such a project inevitably includes every sphere of social life, and that goes for the commons as well.


A holistic alternative to the contemporary system, that incorporates the project of direct democracy and the commons, can be drawn from the writings of great libertarian-socialist theorists like Cornelius Castoriadis and Murray Bookchin. The proposals developed by the two thinkers offer an indispensable glimpse at how society can directly manage itself without and against external managerial mechanisms.

As we saw in the cases presented above, the commons require coordination between the commoners so eventual "tragedies" can be avoided. But for many, like Knight and Merriam, this could only possibly work in small-scale cases. This pessimism has led many leftists to instead support different forms of state bureaucracy in managing the commons in the name of society, as the lesser evil.

In his writings, Castoriadis repeatedly repudiated this hypothesis, claiming instead that large-scale collective decision-making is possible with a suitable set of tools and procedures. Rejecting the idea of one "correct" model, his ideas were heavily influenced by the experience of Ancient Athens. Drawing upon the Athenian polis, he claimed that direct citizen participation was possible in communities of up to 40,000 people 14.

On this level, communities can decide on matters that directly affect them in face-to-face meetings (general assemblies). For other matters that also affect other communities, revocable, short-term delegates could be elected by the local assemblies to join regional councils. Through such horizontal flow of collective power, common agreements and legal frameworks could be drawn to regulate and control the usage of commons.

Similar is the proposal made by Murray Bookchin. Also influenced by the ancient Athenian experience, he proposed the establishment of municipal face-to-face assemblies, connected together in democratic confederations, making the state apparatus obsolete.

According to Bookchin, in such a case the control of the economy is not in the hands of the state, but under the custody of "confederal councils", and thus, neither collectivized nor privatized, it is common 15.

Such a "nestedness" does not necessarily translate into hierarchy, as suggested by Elinor Ostrom and David Harvey 16, at least if certain requirements are being met. As is the case in many of the practical examples of direct democracy around the world, the role of the delegates is of vital importance, but is often neglected.

Thus their subordination to the assemblies (as the main source of power) has to be asserted through various mechanisms, such as short term mandates, rotation, choosing by lot, etc. All of these mechanisms have been tested in different times and contexts and have proven to be an effective antidote to oligarchization of the political system.

Through such networking and self-instituting, much can be done by the establishment and direct control of commons by many communities that depend on them. Another element that could supplement the propositions, described above, is the so-called "solidarity economy".

Spreading as mushrooms, different collective entities in different forms are rapidly spreading across Europe and other crisis-stricken areas (like South America) allowing communities to directly manage their own economic activities in their favour.

Such merging will allow society to collectively draw the set of rules on which to regulate the usage of commons, while solidarity economic entities, such as co-operatives and collectives, will deal with commons' direct management. These entities are being managed directly and democratically by the people working in them, who will be rewarded in a dignified manner for their services by the attended communities.

On the other hand, the public deliberative institutions should have mechanisms for supervision and control over the solidarity economic entities, responsible for the management of commons, in order to prevent them from enclosing them.
 
One example for such merging has occurred in the Bolivian city of Santa Cruz, where the water management is organized in the form of a consumer co-operative 17.

It has been functioning for more than 20 years, and continues to enjoy a reputation as one of the best-managed utilities in Latin America. It is being governed by a General Delegate Assembly, elected by the users. The assembly appoints senior management, over whom the users have veto rights, thus perpetuating stability. This model has drastically reduced corruption, making the water system work for the consumers.

Such a merger between the commons and the co-operative production of value, as Michel Bauwens and Vasilis Kostakis suggest 18, integrates externalities, promotes the practice of economic democracy, produces commons for the common good, and socializes knowledge.

The circulation of the commons would be combined with the process of co-operative accumulation on behalf of the commons and its contributors. In such a model, the logic of free contribution and universal use for everyone would co-exist with a direct-democratic networking and co-operative mode of physical production, based on reciprocity.

Conclusion

The need for recreating the commons is an urgent one. With global instability still on the horizon and deepening, the question of how we will share our common world is the thin line separating the dichotomous world of market barbarity and bureaucratic heteronomy, and a possible world based on collective and individual autonomy. As Hannah Arendt suggests 19:
The public realm, as the common world, gathers us together and yet prevents our falling over each other, so to speak. What makes mass society so difficult to bear is not the number of people involved, or at least not primarily, but the fact that the world between them has lost its power to gather them together, to relate and to separate them. The weirdness of this situation resembles a spiritualistic séance where a number of people gathered around a table might suddenly, through some magic trick, see the table vanish from their midst, so that two persons sitting opposite each other were no longer separated but also would be entirely un­related to each other by anything tangible.
The paradigm of the commons, as part of the wider project of direct democracy, could play the role of the trick of the vanishing table, separating us, but simultaneously creating strong human relationships, based on solidarity and participation.

And for this to happen, social movements and communities have to reclaim, through the establishment of new networks and the strengthening of already existing ones, the public space and the commons, thus constituting coherent countervailing power and creating real possibilities of instituting, in practice, new forms of social organization beyond states and markets.

Notes and References
  1. Ivan Illich. Silence is a Commons, first published in CoEvolution Quarterly, 1983
  2. Deirdre N. McCloskey. The Bourgeois Virtues, The University of Chicago Press, 2006. p. 465
  3. Malthusianism originates from Thomas Malthus, a nineteenth-century clergyman, for whom the poor would always tend to use up their resources and remain in misery because of their fertility. (Derek Wall. Economics After Capitalism, Pluto Press, 2015. p.125)
  4. The concept was based upon an essay written in 1833 by Lloyd, the Victorian economist, on the effects of unregulated grazing on common land and made widely-known by an article written by Hardin in 1968.
  5. As Theodoros Karyotis demonstrates in his article Chronicles of a Defeat Foretold, published in ROAR magazine, Issue #0 (2015), pp 32-63
  6. Michael Hardt & Antonio Negri. Commonwealth, The Bleknap Press of Harvard University press, 2011. p. ix
  7. David Bollier & Silke Helfrich. The Wealth of the Commons, The Commons Strategy Group, 2012. In Introduction: The Commons as a Transformative Vision
  8. Ivan Illich. Silence is a Commons, first published in CoEvolution Quarterly, 1983
  9. Cornelius Castoriadis in “The Greek Polis and the Creation of Democracy” (1983), The Castoriadis Reader (1997), Ed. David A. Curtis. p. 280
  10. http://bollier.org/blog/anthropologist-harry-walker-lessons-amazonian-commons
  11. http://www.onthecommons.org/magazine/elinor-ostroms-8-principles-managing-commmons
  12. Elinor Ostrom in Nobel Prize lecture Beyond Markets and States: Polycentric Governance of Complex Economic Systems (2009)
  13. http://whatis.techtarget.com/definition/digital-commons
  14. Cornelius Castoriadis in “Democracy and Relativism”, 2013. p.41
  15. Cengiz Gunes and Welat Zeydanlioglu in “The Kurdish Question in Turkey”, Routledge, 2014. p.191
  16. For example Ostrom in Beyond Markets and States: Polycentric Governance of Complex Economic Systems (2009) and Harvey in Rebel Cities (2012. p.69)
  17. http://siteresources.worldbank.org/INTWSS/Resources/WN5cooperatives.pdf
  18. http://peerproduction.net/issues/issue-7-policies-for-the-commons/peer-reviewed-papers/towards-a-new-reconfiguration-among-the-state-civil-society-and-the-market/
  19. Hannah Arendt. The Human Condition, The University of Chicago, second edition, 1998, p.53.

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