HomeMy WebLinkAboutCOM 0021.107 2014-2016Murashige Laura
From: marilynhowe <lynhcwe1946@yahoo.com>
Sent: Monday, December 15,2014 11:30 AM
To: Council Testimony
Subject: Testimony for Council Meeting 12/17/14 Support for County Appeal of Ordinance
13-121
Attachments: Testimony Geoff Rauch Support for County Appeal of Ordinance 13121.docx,
ATT00001.htm
Aloha Council,
Attached is my Testimony to be entered into the record, for the Council Meeting, Wednesday December 17, 2014.
Aloha,
Geoff Rauch
Beach Road Farm
Comm. Ro. 2-1.107
Ref. To:
tet. ucte NC 17 —aTF—
Testimony: Resolution to Support Appeal of Ordinance 13-121
Position: Support
Lyn Howe
P.O. Box 327
Patina, HI 96778
December 15, 2014
To: Dru Martin Kanuha,Valerie Poindexter, Aaron Chun, Maile Medeiros David,
Karen Enoff, Greggor Ragan, Dennis Onishi, Daniel Paleka, Margaret Wille
Aloha Members of the Council,
I have lived and farmed at Beach Road Farm for 12 years in the Puna District of Hawai'i. I am also one of 3
Island Farmers who submitted a Friend of the Court Amicus Brief on behalf of Hawai'i County in the suit filed
against the County of Hawai'i by the 10 Plaintiffs that includes BIO the Biotechnology Industry Organization
I support the County of Hawai'i filing an appeal to the 9th Circuit Court for the following reasons.
1. The intent of Ordinance 13-121 was to protect our food crops. Of the 10 plaintiffs, only had standing
and had received a permit through the USDA/APHIS to conduct a trial for a new GE anthurium flower
color. In this instance Federal law preempts State or County law but the Judge found no other instance
of Federal Preemption in this case. This technicality is not an appropriate reason for overturning
our Ordinance.
2. Judge Kurren ruled that it is not up to the County to pass laws regarding the conservation and protection
of agricultural lands, siting Article XI Section 3 of the State Constitution "to preserve and protect
agricultural lands" and the creation of a Department of Agriculture to implement a framework for
protecting said lands, from the introduction of harmful plants and weeds.
a) In this ruling there appears to be a conflict as no Hawai'i state laws or regulations relating to the
cultivation of GMO crops/plants exist. There is only one DOH provision about state notification
of proposed federal experimental GMO seed testing permit
b) GE contamination to our organic and conventional agricultural sector is real and impossible
to control, demonstrated by many incidences reported on the mainland, around the world and
the looming unknown threats of "open source" GMO's as industry patents expire
(Monsanto's patent on the first generation of Roundup Ready® products expires in March
2015). Presently county recognition and restriction is the only effective defense against
controlling genetic contamination. Ineffective framework provided by the state is
demonstrated by the exponential growth of invasive species around Hawaii. Just one
expamle; thousands of acres of private, public and farm lands are overrun with Little Fire
Ant. HDOA did not deal with its introduction swiftly nor effectively resulting in exponential
spread and control falling on the shoulders of landowners at great costs with little to no
chance of elimination.
c) The Hawai'i County Council should receive clarification in the Court of Appeals on it's
authority, as the best instrument, to protect and preserve lands, soil, waterways, health, and local
communities in the new world of GE agriculture.
3. Our Mayor supported this ordinance stating; "This ordinance expresses the desires and demands of our
community for a safe, sustainable agricultural sector that can help feed our people while keeping our
precious island productive and healthy".
4. Corporation Counsel's recommendation in other cases involving matters significant to the public has
been that the County should appeal adverse decisions in order to obtain a high Court ruling
I would like to thank Councilwoman Willie for giving us the opportunity to testify on this important matter. The
right thing for the county to do is follow through with the law that our island community fought so hard to pass
to protect all future generations.
Mahalo,