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HomeMy WebLinkAboutCOM 0192.006 2008-2010Testimony of Roger Imoto Branch Manager Department of Land and Natural Resources Division of Forestry and Wildlife Before the Hawaii County Council WednesdaSc, Apri122, 2009 9:00 a.m. Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii In consideration of Resolution Number 67-09 RELATING TO FERAL CATTLE CONTROL The State of Hawaii Department of Land and Natural Resources Division of Forestry and Wildlife wants to thank the Hawaii County Council for the opportunity to testify. Hawaii County Council Resolution 67-09 requests that the Department of Land and Natural Resources abandon efforts and/or plan to eradicate feral cattle within the Honuaula Forest Reserve located on the slopes of Hualalai by Helicopter Hunt. The Department of Land and Natural Resources (Department) does not support Resolution No. 67-09. 1) The Department is mandated to protect Hawaii's Natural Resources. The Department and its public and private conservation partners have the responsibility to protect vulnerable native ecosystems, watersheds, and endangered species for the benefit of future generations. The severe negative impacts of feral cattle in sensitive Hawaiian ecosystems are well documented, and include extinction of species found no where else in the world, destruction of native habitats, the spread of destructive invasive species, degradation of native bird habitat, transmission of diseases, and damage to ground cover leading to topsoil erosion, impairment of watershed function, and destruction of coral reef ecosystems from runoff. The Constitution of the State of Hawaii Article XI states: "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawai `i's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State. All public natural resources are held in trust by the state for the benefit of the people. " ~ /1 ~ .~ t~ia "t Ref. To~reaeotoc} Ref. Data,rPPR 22 20!)9. Hawaii's forests play a critical role as watersheds, providing recharge to critical underground aquifers and/or supplying surface water to agricultural, residential, and commercial users each year. Unfortunately, many of the natural forest ecosystems of Hawaii have been degraded or destroyed through clearing for pasture use, development, by feral animal activity, and by the spread of invasive plant species. The Department of Land and Natural Resources (DLNR) is mandated to: sustain water yields by protecting and enhancing the condition of Hawaii's forested watersheds (HRS 183); protect and enhance the conditions of Hawaii's unique native plant and animal species (HRS 195); and protect species from extinction whenever possible (HRS 195D). In many areas, feral animals threaten DLNR's ability to satisfy these mandates. Often because of terrain, access, and limitations of other feral animal control methods, aerial shooting is the only feasible management tool available to control feral animals in remote forested watersheds and when directed by court order (Palila et. al. vs. Hawaii DLNR). 2) The Cattle Industry is an important Conservation Partner. The Department recognizes that the Cattle Industry is an important conservation partner. Many ranchers and cattlemen participate in public private conservation partnerships throughout the state through a network of Watershed Partnerships under the umbrella of the Hawaii Association of Watershed Partnerships. We want to stress that what is at issue here is not the ranchers and the cattle industry itself, as stated in the resolution, but in fact feral cattle. Ranchers in the Kohala Watershed Partnership recognize that feral cattle are a threat to the integrity of the watershed and degrade the quality of their domestic herds through inferior genetics. Feral cattle have plagued the island for over 150 years. In 1902 the U.S. Forester E.M. Griffith stated in his Report on Hawaiian Forests that: "As previously stated the denudation of the Hawaiian forests has been brought about to a very large extent by the practice of pasturing stock in the forests. Certainly this has been admitted by those who have studied the question and it is believed thatfencing and the absolute exclusion of all stock is the only sure remedy. There is no necessity for abandoning the cattle business in order to protect the forests, but the cattle must be confined to the lower slopes. " "Forest protection means not only increasing the rainfall but--more important still--conserving the water supply. Upon the right solution of this problem depends to a very large extent the future welfare and agricultural prosperity of the Hawaiian Lslands. " "On all parts of the island the heaviest rains occur within the,forests on the higher slopes of the mountains. Hence it is extremely important that the forest growth should be encouraged on Hualalai and the existing.forestpyotected." The Forest Reserve System was created by the Territorial Government of Hawaii through Act 44 on April 25, 1903. With Hawaii s increase in population, expanding ranching industry, and extensive agricultural production of sugarcane and later pineapple, early territorial foresters recognized the need to protect mauka (upland) forests to provide the necessary water requirements for the lowland agriculture demands and surrounding communities. 3) Ample opportunity has been provided to remove cattle from Honuaula Forest Reserve. Cattle control actions in Honuaula Forest Reserve have had a long history. Below is a detailed outline of the actions and circumstances that have led us to the present situation today. The Board of Land and Natural Resources (BLNR) is the regulatory and policy forming body that oversees the actions of the Department of Land and Natural Resources. 12/89 Public hearings held at Yano Hall to include Honuaula Tract II, III, Hienaloli Tract 1, Makaula Ooma and Kealakehe Mauka Tract in to the Honuaula Forest Reserve. 2/23/90 Recommended by DLNR Division of Forestry and Wildlife (DOFAW) Administrator Michael Buck that al( cattle be removed from sheep station paddock(Honuaula Tract II) at the expiration of GL 4025 in 1991. Reduced levels of grazing will be allowed in Paddocks I and II(Honuaula Tract II) until the expiration of Kealakehe Mauka Tract GL S4239 in 1994. Below 3400' elevation in Kealakehe Mauka Tract will remain with Land Division. • 2/23/90 Board of Land and Natural Resources (BLNR) approved additions to the Honuaula Forest Reserve except for Honuaula Tract II and Kealakehe Mauka Tract which will be addressed at the April 12, 1990 meeting in Kona. • 4/23/90 BLNR approved the addition of Honuaula Tract II in to the Honuaula Forest Reserve. • 9/27/91 Hawaii DOFAW Branch Manager Charlie Wakida informed Palani Ranch by letter that there are to be no cattle in the Sheep Station Paddock of Honuaula Tract II. • 2/94 DOFAW and Palani Ranch agree to year to year grazing of Honuaula Tract II Paddocks I and II until DOFAW has the resources to manage the area. • 5/94 Palani Ranch requested a 15 year lease extension on Kealakehe mauka Tract. DLNR agreed to a 1 year holdover. • 9/94 Letter from DOFAW informing them of possible forestry activities in Honuaula Tract II involving carbon offset. Response from Palani Ranch citing interest, but also concerned on how it may affect their ranching operation. • 7/14/95 DOFAW requests a right of entry to Honuaula Tract II and Kealakehe Mauka Tract. BLNR approves right of entry. • 8/16/95 DOFAW received BLNR Chairperson's approval to construct two 2 acre exclosures in Honuaula Tract II to see how the forest will recover without cattle. Palani Ranch was notified and concurred. • 2/20/97 Board member Chris Yuen asked Land Division to move forward on putting these lands in to Honuaula Forest Reserve. • 3/14/97 BLNR set aside Kealakehe Mauka Tract to DOFAW to be included in the Honuaula Forest Reserve. • 5/5/97 Letter from Palani Ranch to DOFAW discussing their fencing priorities in the newly set aside Kealakehe Mauka tract. • 4/04 USFS grant approved to begin reforestation of Honuaula Tract II for the period July 2004 to Dec. O5. • 10/14/04 DOFAW met with Palani Ranch to discuss building a cattle trap in the Honuaula Forest Reserve at the 6200' level. Informed Palani Ranch that we would give them 6 months to trap in the original forest reserve(tract I) before beginning cattle removal in this area. Six months was enough time for it to be worth the ranch's time to build the trap. • 11/04 Thirty day public notice of trespass cattle in Honuaula Forest Reserve published in West Hawaii Today, Hawaii Tribune Herald and Honolulu Star Bulletin Per HRS 183-19. • 5/26/06 BLNR authorized the issuance of a one year temporary Forest Reserve Special Use Permit to Palani Ranch for continued grazing of livestock in the Honuaula land in Kealakehe Paddocks 1, 2 and 3 of the Honuaula Forest Reserve, and identified cattle removal from Sheep Station Paddock, Paddock I and Tract I of the Forest Reserve as a major objective of DOFAW in close consultation with Palani Ranch. This action also identified cattle control via ground hunts and aerial means would be limited to DOFAW staff. • 7/20/06 Honuaula Tract II, III, Kealakehe Mauka Tract, Hienaloli tract I and Makaula Ooma were officially added to the Honuaula Forest Reserve by executive order 4166. • 12/7/06 to 4/30/07 Access permit given to Palani Ranch to officially trap cattle in the forest reserve with 3 traps. One each in Honuaula Tract III, Tract II and Tract I. 2/09/07 BLNR authorized the issuance of a one year temporary Forest Reserve Special Use Permit to Palani Ranch for continued grazing of livestock in the Honuaula land in Kealakehe Paddocks 1, 2 and 3 of the Honuaula Forest Reserve, and identified cattle removal from Sheep Station Paddock, Paddock I and Tract I of the Forest Reserve as a major objective of DOFAW in close consultation with Palani Ranch. This action also identified cattle control via ground hunts and aerial means would be limited to DOFAW staff. 3/1/07 to 2/28/08 Forest Reserve Special Use Permit to Palani Ranch to graze Honuaula Tract II Paddock I and Kealakehe 1, 2 and 3. DOFAW agreed to build new fences along the south side of Honuaula Tract II (Puaa) and along a section of Kealakehe Mauka tract at Keahuolu. DOFAW agreed to no public hunting or salvage of meat per Palani Ranch's request. Cattle control will be by DOFAW staff with a combination of ground and aerial hunting. • 3/14/07 Letter to Palani Ranch from DOFAW extending the trapping permit until October 2007. DOFAW does not anticipate beginning reforestation efforts until January of 2008. All cattle must be removed by this date. DOFAW will need several months to get cattle numbers to 0. • 11/1/07 to 4/30/08 Trapping permit extended for Palani Ranch. Trapping permits were extended because we wanted to work with the ranch as much as possible to remove the cattle, and because we were able to extend our Federal reforestation grant. • 11/07 Honuaula Forest Reserve Reforestation Project Environmental Assessment finalized. • 01/08 Keahuolu fence completed by DOFAW (3/a mile). • 02/22/08 BLNR authorized the issuance of a one year temporary Forest Reserve Special Use Permit to Palani Ranch for continued grazing of livestock in the Honuaula land in Kealakehe Paddocks 1, 2 and 3 of the Honuaula Forest Reserve, and identified cattle removal from Sheep Station Paddock, Paddock I and Tract I of the Forest Reserve as a major objective of DOFAW in close consultation with Palani Ranch. This action also identified cattle control via ground hunts and aerial means would be limited to DOFAW staff. • 10/08 Puaa fence completed by DOFAW (3/a mile). • 2004-2008 DOFAW offered on several occasions to provide personnel and helicopter support, at the State's expense, to assist Palani Ranch with cattle removal. • 2/13/09 BLNR Chairperson's approval of animal control activities in the Honuaula Forest Reserve to include aerial shooting. March 17 and 18, 23 and 24, April 15 and 16, 22 and 23, 28 and 29, May 5 and 6, 2009 • 2117/09 DOFAW offered to cancel March aerial shoots if Palani Ranch fe1C it could use the extra month to trap cattle from the Honuaula Forest Reserve. Palani Ranch wanted the extra time. DOFAW cancelled the 4 aerial shoots in March 2009 to give the ranch extra time to remove cattle. • 2/27/09 BLNR authorized the issuance of a one year temporary Forest Reserve Special Use Permit to Palani Ranch for continued grazing of livestock in the Honuaula land in Kealakehe Paddocks 1, 2 and 3 of the Honuaula Forest Reserve, and identified cattle removal from Sheep Station Paddock, Paddock I and Tract I of the Forest Reserve as a major objective of DOFAW in close consultation with Palani Ranch. This action also identified cattle control via ground hunts and aerial means would be limited to DOFAW staff. Due to concerns from Palani Ranch, BLNR added an additional condition to the approval that requires DOFAW to adhere to its approved Aerial Shooting Policy safety protocols. • 3/26/04 to 2/09 Palani Ranch reported removing 434 head of cattle from the Honuaula Forest Reserve, Tracts I, II and III. 4/15 and 16, 2009 DOFAW conducted aerial shoots in Honuaula Forest Reserve. Honuaula Tracts I and II. On April 15, 2009 DOFAW removed 86 animals from Tract I (original forest reserve, no cattle were to be in here since 1906) Removed 4 animals from the Sheep Station Paddock.(no animals to be in here since 1994) Removed 18 animals in Tract II (No cattle to be inhere since 2004; Latest 2007) On April 16 we removed 25 from Tract I, and 5 from Sheep Station Paddock and 14 from Paddock II. We drove 23 animals in to Paddock 1 trap pen from the sheep station paddock with the helicopter and closed the gate for Palani Ranch to retrieve the cattle. In all, 175 animals were removed in these 2 days, 152 of which were shot. 4/15/09 DOFAW staff provided the opportunity for the Chair of the County Council Public Safety Committee to inspect the Honuaula cattle control site by helicopter prior to the commencement of aerial control efforts. June 30, 2009 Reforestation activities need to be completed by DOFAW including 150 acres or scarification and tree planting. DOFAW will be unable to extend the grant for a fourth time. 4) The Department follows an approved Aerial Shooting Policy that provides strict safety protocols. Aerial control is recognized as one of the many tools that DLNR DOFAW may employ when controlling feral animals. In this case, all procedures and policies were followed prior to advancing to aerial control. Please see the following link for the full ungulate control technical report published by DLNR DOFAW in March 2007. Websitehttp://www. state.hi.us/dlnr/dofaw/pubs/[Jngulate%20Control%20Methods%20FI NAL%20Mar%202007.pdf All aerial shoot missions are required to follow the DLNR Aerial Shoot Policy approved by the DLNR Board on December 8, 2006. Many safety precautions are taken prior and during an aerial shoot operation conducted by DOFAW. The first step is the training of the personnel involved. All shooters are required to complete the following: • National Park Service Aerial Capture, Eradication and Tagging of Animals (ACETA) training • National Park Service Gunners Operational airborne instruction and check ride qualification • OAS B-1 Helicopter Safety training (Federal Office of Aviation Safety) • National Park Service firearms certification for aerial and ground use of firearms • First Responder and CPR certification • DLNR Hunter Education Course The helicopter and the pilot must also be OAS certified for aerial shooting. The second step is the development of an aerial shoot plan for the area. The plan includes the purpose of the mission, flight dates, area to be covered, public safety zones, a projected schedule, firearms to be used, personnel involved and maps of the area. For this project, safety zones of 50 yards on both sides of all forest reserve boundaries, access roads and trails, and 1000 yards from all forest reserve users were designated. The third step is the publishing of public notices in local newspapers, informing the public of aerial shoot activities within the Honuaula Forest Reserve. According to DLNR policy, the public notice must be published at least 15 days prior to the mission. The public notices were published in the West Hawaii Today, Hawaii Tribune Herald and Honolulu Star Bulletin on March 1, 2009. The 30 day public notice of cattle trespass, required by HRS 183-19, was published in the same newspapers in November 2004. One week prior to the shoot, letters were sent to adjacent landowners informing them of the upcoming aerial shoot and 2 days prior to the shoot, forest reserve closure signs were posted on all roads accessing the shoot area. Signs were also posted on gates at the end of Kaloko Drive on Kamehameha Schools and Palani Ranch property. On the day of the shoot, all personnel involved are briefed on target animals, boundaries, safety zones and safety precautions. Prior to shooting, the area is inspected from the air to make sure no one from the public was in the shoot area. All signs are checked to make sure that none were removed. While the shooting is occurring, the spotter, in the front passenger seat of the helicopter, is constantly looking for hazards, one of which is unauthorized people in the shoot area. One of the advantages of aerial shooting is we have a much better vantage point to look for people in the area since we elevated and can see over the vegetation and terrain. Also, the shooting angle is straight down into the ground, instead of horizontal to the terrain when shooting from the ground. This reduces the possibilities of stray bullets going out of the intended shoot area. There is a higher risk of danger for DOFAW personnel conducting the aerial shoot versus aground shoot, but the increased efficiency of aerial shooting makes the risk justifiable. The Division of Forestry and Wildlife has been conducting aerial shoot operations since the early 1980s without incident. All missions are organized and conducted to insure with the highest possible level of safety for the public and DOFAW personnel involved. 5) Meeting the State's Environmental Review process (Chapter 343, HRS), The Honuaula Reforestation Project Final Environmental Assessment was published in December, 2007. The Forestry Program within the Department's Division of Forestry and Wildlife is following through with its mandate to protect and restore watershed and biological integrity in the Kona Area. The Honuaula Forest Reserve represents one of the only areas at this elevation that is zoned conservation with a clear mandate to protect the forest. A US Forest Service Federal grant was received to promote the reforestation of the area. In compliance with Hawaii Environmental law, Chapter 343 HRS, the Division published a Final Environmental Assessment for the Honuaula Reforestation Project in December 2007. This document discussed fencing, cattle control, and road wnstmction. Palani Ranch was made aware of the project and participated in the comment period, adding that they recognized the State may progress to staff control of feral cattle. All environmental impacts were considered, including scarification, which is a common koa restoration tool. A Finding of No Significant Impact was issued by the Department, and the project is now proceeding as outlined. In addition the USDA, Natural Resource Conservation Service (NRCS) approved a forest conservation plan for the area. 6) The Honuaula Reforestation Project fits well within the Kona Community Development Plan that was adopted by the Hawaii County Council in September 2008. The Kona Community Development Plan was adopted by the Hawaii County Council in September 2008. The beginning of the document outlines the Kona CDP 8 Guiding Principles, number one of which is to protect Kona's natural and cultural resources. We believe the Honuaula Reforestation Project is well aligned with this goal. Below is a small excerpt from the Kona Community Development Plan: "1. Protect Kona's natural resources and culture. a. Natural resources. The watershed, including coastline, flood plains, important agricultural land, open space, and areas mauka of Mamalahoa Highway shall be protected. Guided by a principle of respect for the land, environment and natural resources shall be preserved and protected to ensure clean air and water, thriving native species, conservation of shorelines and open space, improvements in watershed management and flood control, and reductions in solid waste" Chapter 4 of the Kona CDP outlines Goals, Objectives, Polices and Actions. Within the Environmental Resources section, Policy ENV-1.3 refers to publicly owned lands. We have included the text of this policy below: Policy ENV-1.3: Publicly-Owned Mauka Lands. All public lands mauka of Mamalahoa Highway should be managed with a holistic, multi-purpose approach for habitat preservation, groundwater source protection, and stormwater management, as coordinated by a Kona Mauka Watershed Partnership, based on a Kona Mauka Watershed Management Program. The objective is to reevaluate the need to broaden and integrate the management of those lands currently under a more focused management program (referred to as the "Managed Public Lands") and to initiate management program for those public lands not currently managed for environmental integrity (referred to as "Institutional Public Lands"). 7) Conclusion The Honuaula Reforestation Project being implemented by the DLNR Division of Forestry and Wildlife plans to protect and further enhance the watershed and forest resources of the North Kona District. Honuaula represents the only protected public land at this elevation in the North Kona region. Feral cattle have contributed to the degradation of Hawaiian forests, of which our water resources are dependant on for recharge, for well over 150 years. The Forest Reserve system was established to protect the watersheds and forests upon which our island's livelihood depends. Ample opportunity has been given to neighboring ranchers to remove cattle from the area. Palani Ranch has been an essential partner in this process by removing 434 head of cattle since 2004. Multiple steps were taken to provide for feral cattle removal, and the Department has progressed to aerial control as the last and final method to remove the remnant animals in a safe and humane manner. All Department policies and procedures have been followed for this project. In closing, we encourage the Hawaii County Council to oppose Resolution No. 67-09 so that the State Department of Land and Natural Resources can continue to fulfill its mandate to protect this critical watershed and forested area so that future generations may enjoy these unique resources. 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