The Hawaiian Monk Seal Controversy

On December 3, 2014 the Garden Island Newspaper reported the killing of a Hawaiian Monk Seal (HMS) pup on a beach in Anahola. The reward for the killing of the seal went from $5000 up to $25,000 in a short time for the apprehension and conviction of the person(s) involved with the senseless killing. I call it a senseless killing because it goes against all the values that were passed on to me by my parents and other Kupuna who up to this very day live off the land as our ancestors did many years ago. My family still live on the same ancestral lands that go back before the European discovery. We have never left. They still maintain the respect and the kuleana of malama aina.

Reading the posts on social networking sites and listening to some of my friends who are of Kanaka Oiwi ancestry themselves debate the HMS's existence as an endemic species causes great concern. It reflects not only the positive but the ignorantly negative remarks by people who make weak claims as to their belief that the HMS was introduced into the Hawaiian Islands. Some of the claims are that modern Hawaiian's state that their grandparents never seen the HMS while growing up as kids. Some say that their isn't any mo'olelo or chants that indicate the presence of the HMS in ancient times. While they may have spoken it with all honesty, the facts are that the lack of irrefutable evidence does not mean that none exists at all. For instance, for those who have grandparents or great grandparents who have never seen the HMS as kids, ask them this, "have you ever seen the Moa-Nalu? or the Nēnē-nui?" I would bet them all the money that I have that they would say "no". They would probably only be able to ask what it was. Even our ancestors some 2 or 3 hundred years ago haven't seen them yet till recent years, nobody knew they existed except for the discovery of their remains by archeologists. The span of our grandparents lifetime pales in comparison to the time that the Hawaiian Islands became populated. Estimates are that the Moa-Nalu and the Nēnē-nui may have become extinct long before the people who later became Hawaiians arrived on our island shores.

The list below are only some of the animals that have gone extinct in these islands followed by the approximate times of there extinction. None of us alive today, nor our grandparents, great grandparents or great great grandparents can lay claim that any of these below had ever been seen in these islands during their childhood and yet evidence remains of their existence many of which were found in sinkhole deposits like at Mokauwahi Cave in Mahaulepu.

• Apteribis, Maui and Molokai, 200,000 years ago
• Giant amakihi, Big Island, Hawaii, 1000 BC
• Great Maui crake, Maui, 1200s
• Kauaʻi finch, Kauaʻi and Oʻahu, Hawaii, Early 1500s
• Kaua'i mole duck, Kaua'i, 4050 BC
• Kaua'i palila, Kaua'i, 1750s?
• Maui Nui finch, Maui and Molokaʻi, Hawaii, Early 1100s
• Moa-nalo, Hawaii, 1000s AD
• Nēnē-nui, Hawaii, 1000s AD
• Oʻahu grosbeak, Oʻahu and Maui, Hawaii, Before 1778
• O'ahu petrel, Hawaii, Before 1778
• Pila's palila, Kauaʻi, Hawaii – possibly survived until early 18th century
• Primitive koa-finch, Oʻahu and Maui, Hawaii, Before 1778
• Scissor-billed koa-finch fossils on Kauaʻi, and Maui, Hawaii, Before 1778
• Stout-legged finch, Kauaʻi, Hawaii, Unknown
• Wood harrier, Maui and Molokai, Unknown

The problem with the Monk Seal is that they are for the most part creatures of the sea and often when they die they get consumed by other sea creatures or their bones are scattered in the ocean by the waves. However, the belief that the bones of the HMS were never found in these islands is a false one. Between the summer field seasons of 1968 to 1970, researchers uncovered HMS remains in the Lapakahi archaeological site on the Big Island. It was found in an ancient waste pile that was settled in about 600 years ago. When King Kamehameha visited Nihoa in the Northern Hawaiian islands in 1857 the Manuokawai log stated that there were about a dozen seals on shore. There were no notations that the seals were killed because they were introduced invasive species. Between the 1800's and the 1900's records show that the HMS seals were being hunted in the Hawaiian archipelago to almost near extinction. It is no wonder that many of our grandparents or great grandparents had ever seen them, for none of them was born yet.

Still, the arguments against the HMS goes on and includes the often heard but unfounded thoughts that the HMS is competing with local fishermen for food. People forget one thing. These creatures are mammals of the sea.They eat what their environment provides "IF" they can catch it. Has anyone ever seen a seal hunt for food, much less catch it? Try taking away a spear, net or fishing pole and see how successful you are in catching a lot of fish without even using your hands! They do not have the option to plant food as we do. We have more options to survive on than they have. This is the reason why they are so opportunistic. It's easier for them to eat fish off of a gill net than it is for them to go catch it themselves. Even if they do collect food, it is only enough for them to eat and not like humans who over fish to sell and fill there freezers.

Worldwide the ocean's supply of fish is being depleted due in part to over fishing but also because of pollution and environmental changes brought on by man and nature itself. The true enemy of our fishing grounds is not the Monk Seal but by the encroachment of man and their irresponsible practices. There are many who fish not for personal consumption but to sell to zoo's and markets. For hundreds of years our ancestors in the old ways knew how to live on these isolated islands in harmony with nature and now modern kanaka throw that all away? Today some complain that the HMS is raiding all their refrigerator or ice box. These people fail to realize that like their refrigerators at home, you take out without refilling and it's going to end up being empty! Food don't magically appear. Back in our ancestor's days we had fishponds to protect certain species from predators to assure that the people can be fed. They farmed the fish because the sea was too unreliable to depend on to supply food for a large population as we had here in ancient times. They couldn't go to the supermarket for dinner so taking care of the oceans resources by allowing it to replenish itself was of absolute importance. They also had farming practices done on land to minimize the impact on their ocean resources. Our ancestors fully understood the symbiotic relationship between man and nature.

Many of those who are complaining about the Monk Seals eating up the ocean's resources need to ask themselves this one question. What am I doing to assure that the reproduction of our ocean's supply of fish is being propagated like our ancestors did?" or are they so used to taking at will from the land and sea without giving back that they feel that they are entitled without concern of our kuleana to malama aina. Our Kanaka Oiwi should know better. What about Mano? They also eat our fish and often times even when we hooked them up and reeling um in. So what? Are they going to start killing them too? Is this what our modern day Hawaiians have wasted ourselves down to? None of the arguments against the Hawaiian Monk Seal makes any sense. So many proudly say that they are "Hawaiian" but do things that would disappoint our ancestors. Our people lived with values which included harvesting only enough to eat. Their resource management was governed by a firm system with drastic punishment. Something that many kanaka take for granted today.

As mentioned earlier, they have already found skeletal remains of the HMS that predates any of our grandparents and great grandparents and I'm certain that they will find more in time like they have found from the list of animals in Hawaii that have gone extinct. If people keep on killing the Hawaiian Monk Seals, our descendants will one day see it added on to an extinct species list and they can thank those who either have killed it or have done nothing to protect it for its demise. They will never have a chance to see one of the creations of Ke Akua who gave life to it an placed it on this earth. Hawaiian Monk Seals aren't the problem. The real problem are the ignorance and arrogance of man and for us Kanaka Oiwi, the detachment of ourselves from the piko which connects us to those before us and those not yet born.

It may seem as if all of the above is aimed to Kanaka Oiwi and to some extent most of it is. Although it is the responsibility of all residents including businesses to assure practices that minimize the impact on our natural resources, we have a vested interest and kuleana to protect our resources as our ancestors did. Many things were lost and taken away that have changed us as a people over the years, but the most important thing to hold on to are the cultural values of ka po'e kupuna kahiko and to pass it on to future generations. For once it is gone, the Hawaiian as we know it, will cease to exist.

A Matter of Opinon - Rights vs Privileges (Driving)

While posting the video above of an uncooperative driver that was pulled over for speeding, a couple of Facebook "friends" weighed in on the subject. One reply to the video was "Looks like we ain't the only ones who got cop problems". My reply to the first was "He was an ass... In Hawaii as in most states part of the requirements in being issued a drivers license is that it needs to be provided as requested by an officer of the law. Failure to do so can cause one to forfeit their license. Obtaining a license is a privilege and not a right. Laws are written for a purpose and if we disagree with the laws it is our right to take action in amending or repealing it but not disobeying it. These laws are written to keep people safe and orderly..."

Another poster replied to my response by saying "In most states, the officer must have probable cause for requesting to see I.D., and obeying unjust laws is not American. Once we forfeit our individual rights, and I would even assert driving a car is a right, not a privilege, even though that's not how our government wants it to be." I don't know where he got his opinion from as he states no legal reference, but there is one thing that I do know. An assertion is based on a strong belief and not necessarily a rule of law. What I stated was that "Obtaining a license is a privilege and not a right." I did not at anytime mention that driving a car is a right because there is a big difference between the two. While I do agree that driving is a right, I believe that it is a conditional and not a fundamental one. On private land anyone can drive a motorized vehicle free of regulation from authority in the United States anyway. That whole freedom stops when it comes to publicly funded roads where state or county has jurisdiction over its usage.

Also, the statement that an officer needs probable cause to me is false. I believe that a uniformed officer of the law has the right to request an ID from an operator under reasonable suspicion   especially when driving a motorized vehicle on a public roadway. Gerald Lykins, a criminal defense attorney who once served as an assistant prosecutor in Kent County, says “The privilege to drive is a benefit that is extended based upon certain requirements being satisfied. In order to legally drive, the state requires people to be of age and have a valid operator’s permit... While the 'right of travel' is a fundamental right, the privilege to operate a motor vehicle can be conditionally granted based upon being licensed and following certain rules. If rules are broken or laws are violated, the State reserves the right to restrict or revoke a person’s privilege.” The website Lawyers.com states that justifications for being stopped and asked for a drivers license are traffic violations, defective equipment or equipment violations, missing or defective license plates, erratic driving behavior such as reckless or drunk driving, emergency response calls or suspicious criminal activity. The American Civil Liberties Union also suggests on their website that  If you are stopped in your car to "Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel. Upon request, show police your driver's license, registration and proof of insurance." 

While many people would like to find any reason to oppose the government or any of their agencies the problem is that the manner one chooses to do so may result in some very serious repercussions. Not everything that you read on the internet carries the weight of law and there are many websites and speakers who encourage the masses to stand up against authority. I would put money on the fact that if you took their advice and got into hot water, none of them would be knocking on the doors of justice to let you out.

We live in a modern society built upon laws unfortunately and not one that are built upon justice. People too often confuse them to be one and the same when that could not be further from the truth. Law's of man since the beginning have left much to be desired. Its been used and abused to benefit the affluent in society with pockets deep enough to hire lawyers to poke holes in them while those less fortunate and with little resources get mowed over and taken advantaged of. Too often those who feel that there is little or no resolve on laws that provide no justice turn to protests that often ends in acts of violence as was the recent case of an unarmed Michael Brown who was shot by an officer of the law that was never indicted. The sad part of that protest that turned into a riot was the fact that in the process, many innocents were hurt, businesses were destroyed and people of the community lost their places of employment. The rights of others were violated because of the inability of people to not only keep a demonstration peaceful, but that it was conducted with no assurance for the safety and well being of the general public which brings us back to rights vs privileges in the case of driving.

The video above showed the driver being rude and non-compliant when requested to furnish a right to drive via a drivers license for a possible speeding infraction. In my opinion he was on a publicly funded highway and the request came from a public servant tasked to assure compliance to regulations in place was not unreasonable. The smart thing to do would be to comply and drive away with just a speeding ticket. The not so smart thing to do is to not comply and drive away as he seemingly did risking additional charges to be tacked on. We can disagree and debate but in the end we each must face the ramifications of our personal decisions. If there are laws and processes that are in place that we don't agree with, we as a people of a free society have the option of following the process to create, repeal or amend the laws in place. Laws, some of which are created to provide for the safety and well-being of the general public regardless of what our opinions are on rights or privileges.

My Dreams for Kauai

"Economy is the basis of society. When the economy is stable, society develops. The ideal economy combines the spiritual and the material, and the best commodities to trade in are sincerity and love." - Grandmaster Morihei Ueshiba

I understand that people will have their opinions regarding what I have to say. The variables and contributing factors that make my dreams a reality may be too complex and in some way unrealistically attainable. It may seem unattainable for many reasons but to me, one of mankind's diminishing commodities which is sincerity and love is the key reason. To sincerely have love for your fellow man brings with it the thoughts of doing things that are conducive to their health and well-being in front of the needs and desires of ones self. A task that many unfortunately aren't willing to do. It also tests ones levels of tolerance for differences of opinions and often calls upon one to turn a blind eye to our human errors. This is the true essence of "aloha", a concept and not just a word that has been frivolously tossed about and used as a selling tool for commercial and materialistic gain. It belittles the true intention of the term in its deepest form.

So how does this relate to "My Dream for Kauai"? Because in understanding and doing all things in the truest sense of aloha, I believe that many of the issues we face today as a society but more so as residents of our unique island home can be resolved. I don't claim to have all of the answers to the problems we face here on Kauai, but I do offer my opinions with an open mind willing to adjust said opinions based on contributing facts and input from those who share our island home.

I hear it every election year, people who want change and politicians who want to make a difference. However, very few communicate their opinions on the changes they want to see or come up with plausible solutions. I for one believe in the words of Grandmaster Ueshiba that in order for us to balance the spiritual (not the religious) and material, we need to move forward and trade within our island community, in sincerity and love.

Dom Acain

Ele'ele Nani Stop for East Bound Kauai Bus Service

To concerned residents of Eleele Nani. On September 22, 2014 I sent the following letter to the Kauai County Council including Mayor Bernard Carvalho:

"Aloha Mayor and esteemed County Council Members,

I hope that this email finds you all in the best of health. Condolences to Mel for the loss that you've suffered I pray that God be with you and your ohana. I am writing to you all because of what happened while leaving Eleele Ace en route to Kalaheo last week. I picked up an older woman with her grandkids walking on the side of the road Lihue bound right across from the Eleele Ace Hardware store. She told me that she had just gotten off the bus on Okupu St. in Eleele. I dropped them off on the Kalaheo side of Eleele Nani which is quite a distance to walk uphill, especially on such a hot day. Today I found out that kids who live in the Eleele Nani area who are in sports or other school activities also have to walk the distance regardless of how bad the weather is. Some of my daughters friends walk the overpass bridge and through the neighborhood in order to avoid the traffic on the main highway. I am writing in hopes that someone would consider doing something to at the lease modifying the afternoon bus schedule to have a drop off somewhere closer to the upper Eleele Nani subdivision.

Council Member Mason Chock replied immediately along with CM Yukimura who sits as Chair of the Transportation and Housing Committee and CM Jay Furfaro all of whom took immediate action in addressing my inquiry. Nadine Nakamura and Cyndi Ayonon, Administrative Aide at the Mayor's Office also responded saying that she would forward my letter to the Manager of the Transportation Department Celia Makikoa for her to respond and to look into the matter more closely.

Today (11/10/14) I received a response from Wilma "Pua" Akiona (Secretarial Assistant - Office of the County Clerk) with the below attachment from Celia Mahikoa:

My response follows:





If you look at the photo below you'll notice a red and green square. The red square represents the only crosswalk on Kaumuali'i Hwy between the top of Laulea Rd. and the bottom of Laulea Rd. The green square is where the school bus shelter is. I was a bit concerned about the feedback which stated Federal and State Guidelines but took a curb to providing a more convenient bus stop location in that area. I am hoping that something can be worked out where we can have bus service through the area. To me, it doesn't have to be full time service, but I would imagine that having the bus run through during key times would be beneficial for the community.

Ele'ele Park bus shelter on Laulea Road. Is there sufficient room for an area to be paved for a convenient and safe stop for the Kauai Bus?

The route that the Kupuna and her Mo'opuna has to walk from the only bus stop in Ele'ele east bound.

We have several County Council members following up on this and I am hoping that our State Reps will chime in. Will have updates as it becomes available but I would love any feedback or suggestions that the community may have.

My Dream for the House-less

The Honolulu County Council earlier in 2014 approved $47 million for low cost housing to help the island's war against the homeless. While it is one step in addressing an ever growing problem it still falls short of fixing the cause at the source. Emphasis has been made for years on the need to get a good education, a good job and be able to be a contributing member of society. However, what about those who cannot for one reason or another conform to those standards? Those for a myriad of reasons fall through the cracks of society and end up with bottom paying jobs and unable to afford the simple, basic necessities of life? What options are made for these people so that instead of being a money pit on government funding, have the ability to live simple and humble lives by being given the tools necessary to exist? There are many who have not chosen to be in their situation but through some chain of unfortunate events been cast into it.

Some years ago I met this man named Mike. A part-Hawaiian man with kids who had lost his wife through illness. Healthcare cost on top of having to be there for his children took a toll on him physically, mentally, emotionally and financially. He lost his job on Maui and was promised a job on Kauai. He sold all that he could and flew his family over to Kauai, bought an SUV and had enough money for rental of an apartment. Not long after he started the job, the business that he was working for went bankrupt and shut down. He tried looking for other jobs but was unable to find it and eventually he and his family had to move out of the apartment and lived on the beach. Months went by and his search for a job was fruitless. Money he had was gone and if not for the kindness of a sovereignty group camping nearby who took it upon themselves to feed the homeless in the area, his kids would not have been able to have decent meals. Newly made friends eventually took in his kids as he went back to Maui and eventually got a job. Soon thereafter he was able to bring his kids home and though it has been almost ten years he once again became a contributing member of society.

In this case, this Hawaiian sovereignty group who many mocked and scorned had enough traditional values and compassion to take in many of the homeless in the area. They all contributed in one way or another whether it was to clean, cook or gather food from the nearby sea. They had responsibilities that would keep them in the good grace of the village setting that instilled in them a sense of belonging. Sure there were people who were drug or alcohol dependent, but rules were put in place that would put their acceptance in jeopardy. People were accepted, rejected, counseled and warned. A few were also banned for non-compliance but this had to be done to promote some level of order. It was a safe haven for many and it didn't matter how young or old you were, what your racial makeup was, or even if you were new to the island or not. The main thing was that you were expected to follow basic rules in order to enjoy a seat (or bed) within their compound. It would have lasted a lot longer if not for Kauai's laws and regulations. It was within a county park to be fair, but what it showed, was the ability for people to come together and care for each other responsibly in a village setting. A community within a community. It proved that it is possible for people to take care of themselves without the governments "handouts" through welfare or any other governmental programs. It cost the government nothing for them to exist. They even cleaned and provided restroom supplies and saved the county money!!! Just imagine how doable this would be on a larger scale in every ahupua'a. Just imagine how far that $47 million would go if you let people take care of each other without governmental regulations or restrictive laws.

This is where my dream for some of the house-less begins. I believe that we need to have a pu'uhonua for people... Villages set up where some people can go for temporary housing in a cooperative sustenance setting. They can live in the village as long as rules are followed and they contribute to the community in some capacity. Whether it is farming, building, repairing, etc... They also need to go through counseling/rehabilitation and a training/educational program to get them mainstreamed into society. After years of indoctrination through inculcation of Hawaiians, a reintroduction to cultural values and mores to boost their self identity is also in order. I may be way off base here but that one example above have proved to me that it is a possibility and should seriously be considered.

As mentioned earlier, this was the dream for "some" of the house-less. You can't fix anything that doesn't want to be fixed. There are always exceptions to the rule. People make choices that are self-destructive. Some have mental issues, substance abuse issues and others just choose to find their own sense of normalcy. There is no "cure-all" solution, but there needs to be options available to those in search of a way out. A way that is more nurturing and natural as opposed to stringent governmental programs with poor oversight. The oversight in a village setting is that everyone is the eyes, ears and voice of the community to keep things in order that would jeopardize their ability to remain a member of it.

We have productive lands available and the only thing that stands in the way are some of the laws and regulations. If politicians want to help society, our communities, the economy and the many other issues that they face today then they have to take a look at fixing the root of our problems with a proactive and not a reactive approach. Personally, before we can think about fixing the economy of our island, we need to look at the causes and the reason for the holes in local governmental budget that keeps draining it. Band-aid fixes isn't a solution, cures are. I've offered it in the past and I offer it now. Anyone willing to sit down and talk stories, contact me and we can look at the possible processes and obstacles of such a concept. If we don't find a starting point, we will never see the end.

My Strangest Job Interview

Many years ago I applied for a job with a non-profit organization as a Camp Manager. At the interview I was surprised to find that I had to face a Board of Directors. On the board were several people from very prestigious families which made me feel as if I was out of my league and most unlikely to be considered. The questions from one member to the next were pretty straightforward and easy ones which made me go into a mode of answering without putting much thought into it until they hit me with one that stopped the flow abruptly. The question was, "how do you feel about people of different races?" A bit stunned at the switch in direction from experience, personal likes and family history I finally was at a loss for words. Thinking that this one question would have ended all hopes of my getting the job I had no choice but to give the only answer that I could and that was the truth. I told the interviewer that "I really can't answer that sir" and he asked me why. I told him that I was raised in the Waimea Sugar Mill Camp. We had kids of Portuguese, Japanese, Caucasian, Hawaiian, Filipino, Chinese and a combination of many other races and truthfully, none of us gave it much thought. We were all raised by each others parents in a village setting that made us as close as family. I was upset with myself for not being able to answer that one question. Because even as an adult (I was 30 years old at the time) I still couldn't understand the differences between races. However to my surprise, a week later, I found myself as the new Camp Manager in an environment that could not be beat.