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<br /> DRAFT- SUBJECT TO CHANGE
<br /> VITOUSEK: —I think the intentions of it are good, and I think it could be applied very well to
<br /> undeveloped land or native forest areas,but to put these kinds of restrictions on an agricultural
<br /> - area is very damaging to the agricultural industry and to the family's ability to utilize their land.
<br /> And I believe that Mr. Kahananui would be able to identify a Hawaiian hawk on his own and be
<br /> able to avoid impacting that hawk on his own, and I don't think that he needs to have a biologist
<br /> tell him whether or not he can, what a hawk is. So he can probably identify that on his own, and
<br /> if he needs to leave it alone, I'm sure he will; I don't think the government needs to tell him how
<br /> to do that.
<br /> KAHANANUI: Yes,basically, I do see the hawks,but they are after the neighbor's chickens
<br /> that have chicks, so basically, they don't reside on the property but come to feed.
<br /> VITOUSEK: Yeah. Mr. Kahananui, are there any `ohi`a trees on your property?
<br /> KAHANANUI: Notion my property, they all, no, not at all.
<br /> VITOUSEK: Okay. Is there any tree tobacco on your property?
<br /> KAHANANUI: Uh, no.
<br /> VITOUSEK: Okay. So, you know,because there is no `ohi`a on the property, it doesn't make
<br /> sense to include language on the rapid `ohi`a death, doesn't make sense to include the tree
<br /> tobacco.
<br /> KANUHA: I agree, I agree with you, Mike, on that, too, as well. That's something I was going
<br /> to question. I grew up on Kalaoa Road. I know that property really well, you know. The hawks
<br /> do come around,but they are more up in the forest, they are next to the, you know, the
<br /> neighboring property; there's a couple `ohi`a trees left that they do come around. But like
<br /> Mr. Kahananui said, you know, they are trying to get the chicks in the neighbor's area. My
<br /> parents' house is up on Kalaoa Street, so I've seen that whole area, and I've known that property
<br /> for a very, very long time. So I'm with you, too, that that language is a little, a little much.
<br /> VITOUSEK: Right, right, and I mean going further, you know, to condition L, "To protect any
<br /> seabirds in the vicinity of the property, the Applicant shall install shielded outdoor lights to direct
<br /> light downwards. Additionally, the Applicant shall install automatic motion sensor switches and
<br /> controls on all outdoor lights ... and shall avoid nighttime construction ...," I mean this is up in
<br /> Kalaoa—
<br /> KANUHA: I've never seen a seabird in my life there.
<br /> VITOUSEK: Right, in a fully developed area where there's not going to be seabirds. And
<br /> basically, you know, if we are making this kind of a condition, the question to the County is who
<br /> is then going to enforce whether Mr. Kahananui installs shielded outdoor lights over his 1950's
<br /> constructed home?
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<br /> EXHIBIT A (DRAFT)
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