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Home My WebLink AboutCOM 0455.017 2002-2004 SidneyFuke, Planning Consultant { , 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 I • Planning • Vanance •Zonmg Telephone: (808) 969-1522 • Fax: (808) 969-7996 ~~~y ~ C~ 4 ~ • Subtlrvision • Land Use Permits • Envrtonmenlal Repotls May 3, 2004 " 4 i Honorable James Arakaki, Chair HAWAII COUNTY COUNCIL 25 Aupuni Street Hilo, HI 96720 Deaz Honorable Chair Arakaki and members Of the County CounciL• Subject: Bill No. 209, Draft 2, Lehua Lani, LLC It has been alleged that there have been sightings of the Hawaiian Hawk (I' o) at or at least proximate to the subject property, and, as such, the development of this project could possibly have an adverse impact on the I'o. Please be informed that as enviromnentally sensitive landowners, they do not wish to have their project adversely impact the I' o. Accordingly, the landowners had a professional look into this matter. In reviewing this matter, Reginald E. David of Rana Productions, Ltd. noted that it was very unlikely that the Hawaiian Hawk nests on the property. He went on to conclude that "the clearing and development of the subject property will not result in adverse impacts to Hawaiian Hawks." A copy of Mr. David's letter report, dated April 28, 2004, is enclosed for your information. Needless to say, the landowners were pleased to learn of this conclusion. Thank you very much for your attention on this matter. Sincerely, S]DNEY~~ Planning Consultant Enclosure Copy -Lehua Lani, LLC w/ enclosure Comm. No. y~~. ~7 Ref. To: basest Ref. Date ~~Q~ ~N~ PRODUCTIONS LTD April 28, 2004 Sidney Fuke Planning Consultant 100 Pauahi Street, Suite 212 Hilo, Hawaii 96720. Re: Lehua Lani Project; TMK: 7-5-20: 71 & 72 - Potential Hawaiian Hawk Issues. Dear Mr. Fuke. As you requested, I am responding to the observations and assertions contained in a comment letter generated in response to the Lehua Lani Environmental Assessment regarding; (a) the sighting of a Hawaiian Hawk (Buteo solitarius) an endangered species, on the property immediately adjacent to the subject property, and (b) the assertion that thF proposed development should not be permitted, because the developmen+ of the pazcel will result in adverse impacts to this listed species. I offer the following discussion and conclusions. Species Background The Hawaiian Hawk, or i'o as it is known locally, is the only extant falconif~rm in Hawar`i. iY is currently considered endemic to the island of Hawaii. Sub-fossil remains indicate that it was also formerly found on Molokai, and Kauai. Several incidental unconfirmed sightings of this species exist from Kaua"i, and Maui. This species was first mentioned in the western literature by Cook and King in 1784, and was scientifically described by Peale in 1848, from a specimen collected in Kealakekua. The Hawaiian Hawk was first listed as an endangered species by the U.S. Fish and Wildlife Service (USFWS) in 1967. The USFWS published a proposal to down-list the species tiom endangered to tlueatened in 1993, however, without down-listing the species, they retracted their 1993 proposal in 1994. Currently it is listed as an endangered species under both the federal and the State of Hawai`i's endangered species programs. Current population estimates exaapelate that there are 1,457 Hawa?ran Hawks, which is likely equal 'o, or higher than population levels present in pre-contact times. PHONE: (80H)329-9141 Fnx: (808)329-1245 P.O.BOx 1371 KAILUA-KONA, Hawnii 96745 i Response to Specifc Issues Raised I do not doubt that the respondent saw a Hawaiian Hawk on one or more occasions on the property located immediately south of the subject pazcel. Hawaiian Hawks aze found in nearly all vegetation habitats that still have some lazge tree components on the Big Island. Densities are highest in mature forests dominated by native tree species with grassy under-stories.' This habitat with high amounts of forest edge, supports lazge populations of game birds and.the four species of introduced rodents known from the island; it also provides numerous perches and nesting sites. Hawaiian Hawks aze also readily found in more urban azeas that have been cleazed, and on golf courses that still have large enough trees on the edges of the cleazed azeas that hawks can use as perch trees as they search for rodents and other prey items. The habitat present on the lands adjacent to the subject property have been cleared and developed as the Ali`i Gardens Market Place, a flea market type commercial operation, replete with at least one snack baz emporium. That hawks have been occasionally observed foraging within the Ali`i Gardens Market Place is not surprising. The combination of a cleazed area with relatively tall trees on the periphery and with regularly operating food concessions which attract comensal rodents, which in turn are favored prey items for hawks, almost guarantees that hawks will occasionally forage on the property. Conversely, the subject property is currently overgrown with kiawe and alien pasture grasses, a habitat type that is not likely to attract hawks. Hawaiian Hawks are regulazly seen within the low and mid-elevation areas along the Kona Coast. In fact as I write this, there is a hawk soazing over my home office in Kona Heights, which is located just a couple of miles north of the subject property. The assertion that the clearing of the subject property will have an adverse impact on Hawaiian Hawks is without foundation. Given the habitat present on thG subject property, it is highly unlikely that hawks are nesting on the site. Hawks are raptors, so occasional use of many areas and locales is the norm rather than the exception. For the development of thi"s proposed project to have an adverse impact on Hawaiian Hawks, it's development ' would have to impact specific nesting trees. Given the habitat present on the site, it is unlikely that hawks would find it an attractive place to nest. Hawaiian Hawks usually pick large stature `obi `a trees in which to build their nests. Of 112 hawk nests found during the 1998, and 1999 nesting seasons, 82% of the nests were located in `okr'a trees. ' The subject property has, as previously mentioned no trees except for kiawe. In my close to 30 years of field experience in Hawaii, and a review of the published ornithological literature I am unawaze that a Hawaiian Hawk has ever been recorded nesting in a kiawe tree. ' Conclusion It is my professional opinion that the clearing and development of the subject property will not result in adverse impacts to Hawaiian Hawks. It is highly unlikely that Hawaiian Hawks nest on the property. In the unlikely event that a Hawauan Hawk nest is detected on the site during cleazing and grubbing operations, all disturbance activity should be halted, and a buffer zone of 100 meters should be placed azound the active nest. The U. S. Fish & Wildlife Service should be coritacted immediately and a consultation with them initiated so as to ensure that no harm comes to the hawks, their nest, eggs or young. mcerely, 4 Re~gt Ina d 1?. David. ncl. Ornithological Curriculum Vitae ' REGINALD E. DAVID Resume Rana Productions, Ltd. Phone; (808)-329-9141 PO Box 1371 Fax: (808)x329-1245 Kailua-Kona, Hawaii 96745 email: rdavid~kona.net Employment; 1975- Present: President, Rana Productions Ltd. Professional Experience: Over the past 20 years I have worked as a terrestrial vertebrate biologist in Hawaii and the Tropical Pacific. I have primarily concentrated on avian and mammalian species. , Since 1986 I have conducted over 200 faunal surveys for the USFWS, the State of. Hawaii, and numerous private concerns - on all of the main Hawaiian.lslands as well as on Midyvay and Kure Atolls and Nihoa and Necker Islands. I am also experienced in the radar tracking ofl seabirds and . bats as well as ultrasonic censusing of bats. I have authored over 20 peer reviewep papers, one book and over 100 technical reports on birds and mammals. I have extensive field ¢xperience i n New Zealand, Tahiti, Kiritimati, Guam, Saipan, Tinian, Gilbert Islands, Vanuatu, Republic of Palau, Eastern Siberia,'Korea and the western United States. I have a good working knowledge of both USFWS, U.S. Department of Defense, State of Hawaii, - Government of Guam, CNMI and the Republic of Palau's environmental laws and regulations. I am experienced in preparing Biological Assessments (BA's) required under Section "7" of the Endangered Species Act (ESA) and in negotiating mitigation under Section "7" of the ESA with the USFWS. I also have experience in preparing Natural Resource Management Plans (NRMP's) and DoD, Integrated Natural Resource Management Plans (INRMP's). Over the past 8 years I have functioned as the senior biologist on several large projects, responsible for overseeing all biological work performed by scientists covering the f u I I spectrum of biological disciplines from geology to wetlands and marine sciences. I have also performed as the lead biologist representing federal clients before state and federal regulatory agencies on complex projects such as the Federal Highways Administration, Saddle Road Project. A 15 page list of my publications, and technical reports is available upon request. Related Activities: • State of Hawaii Department of Land and Natural Resources, Natural Areas Reserve Commission (NABS) Commissioner: 1999 -Present. • Hawaii Natural Heritage Program, Ornithological Advisory Committee. • The Mauna Kea Management Board -Environmental Committee. • US Fish & Wildlife Service, 'Alala Recovery Team Member: 1994 -Present,. • National Audubon Society:-Board of Directors member: 1993-1996 • Hawaii Audubon Society: Board of Directors member: 1989 - 1996, 1998 • .Hawaii Audubon Society: Treasurer 1998 • Hawaii Audubon Society: President 1990-1994 • US Fish & Wildlife & DLNR, Hawaii Endangered Watertowl Recovery Team Advisory Committee R.David Ornithological C.V.& Publication List -4/30/04 Pg. 1 -