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Home My WebLink AboutCOM 0731.002 2010-2012 Waimea :1oim. 73I. I IT S TINT TO T.W'D AERIAL ERADICATION- C> Pono , „ A., . • Respectfully submitted by-Tony Sylvester May 2012 &&INC POND • In the Hawaiian thought,pono means you are in complete harmony and alignment with your custodial relationship with the earth.That you operate on the earthly plane as one who is the caretaker of the land during your lifetime.That your stewardship of the land leaves it as good or better than you found it so that succeeding generations can enjoy the resources that were gifted to you in your lifetime and during your stewardship. • Kumu Hula-Pattye Kealohalani Wright • http://realhula.com/kumuWis-PONO.html Comm. No. 3( ' 2 Ref. To: Ref. Date JUN 0 6 7n1 A �i,�-w a f pect ce' ,‘ 4 BALANCE TAa'4t;vt.�ever ��a E w'tt'Aitg'app o-vt-" 1/': . ' F b, ...: "� m FGunay , x" yip ! � � -4' r Sw " OwrCwltt rem ) , Alpo ';,\----- ‘''' , .:4''''tf .‘'‘' el "gip t • A 2e4,tovedi MGt,11/1,a,n.e/ Torte Food Pa(-17t-/I‘G(/ ��yy j g 3� � , 4 �� 2sh �Y yam, -x' �. A e/pa,14",ia/wisEv vva,L 7 • t , I Kao-for Joy mss` s u s-: DIALOGUE •Take part in a conversation or discussion to resolve a problem. WILD OR ftRAL • The distinction between a wild animal and a feral animal lies in the typically urban habitat of feral animals and the fact that members of the species are traditionally domesticated. Aside from tradition, in areas sparsely occupied by people there is little reason to call a wild-born animal "feral " ac nnnnced to "wild " DROU r • Drought affects all wildlife in Hawaii. • Drought can have serious effects on palila birds. Dry years produce less mamane seeds and birds avoid nesting in drier years. 2aiA & 'Atictkof ft aAvaiv • In the Kona coffee growing region of the Island of Hawai I,some stations have experienced dramatic rainfall declines since the early 19805.Many believe that this change can be traced to the effects of the eruption of Kilauea Volcano,which has been in its current active phase since 1983.A plume of aerosol-rich volcanic smog("yogi streams downwind of Kilauea and makes Its way around the southern flanks of Mauna Loa and up through the South Kona District.The vog has been a chronic nuisance to the Kona area since the start of the current eruptive phase.The particulates forming the vog can act as cloud condensation nuclei(CCf4i,helping to produce more cloud droplets. Hence,the areas within the plume may experience greater cloudiness. However,this does not necessary translate to more rainfall.In fact,It Is likely that It is having the opposite effect.With an overabundance of CCN,the water condensed in rising,cooling alr Is divided into a greater number of droplets.As a result,these droplets are too small to fall as rain and fewer of them are able to grow to a sufficient size to eventually become raindrops. • Vog prevents raindrops from forming.Causing SOME OF THE C1-(ALLENCES THREATS EATS TO THE SURVIVAL OF t ALILA • The native short-eared owl,(pueo)victimizes palila birds and nest. • Predation by rats,wild cats,and the pueo is an important factor limiting palila populations.In some areas,black rats and feral cats are responsible for up to 40 percent of nest failures,and wild cats have been documented preying on adults. • Predation on adult birds may also have contributed to the high rate of nest abandonment they observed. Pre .cW o-w • Although wild cats are not the only threat to Hawaii's rare birds,they are an important factor,even in higher elevations far from human development.Cats can breed year- round in Hawaii,with 3 litters per year of 4-6 kittens per litter. • Wildlife biologists have been monitoring the Palila population for years,and the level of cat predation inhibits efforts to restore the Palila population. Pall a/t ect' �c ,r wy w °Fk9a 3 5�� 1yv st t t,44. rlit,,,,,..-:',,,:sikAtitet. Wild cat killing nestling video link •http://www.fws.gov/pacific/lawenforcement/Sa m%20Stuff/October%202009.htm I wILD CATS • Some biologist felt that predation maybe more important than the da indicated. Snetsinger et al.(1994)found that 68%of cat scats collected near Puu Laau ta co bird ntained remains,and thought that wild cats were an important predator on Hawaiian forest birds. P reck tvrk ad ATM 411' DISEASE • Although palila are very susceptible to mosquito-borne diseases, mosquitoes do not occur at the elevation at which palila currently occur.However,disease almost certainly was important in the species decline and prevents palila from recolonizing low-elevation habitat. NON-NA 7-IVE INSECTS • Yellow jackets and ants threaten the native caterpillars that nestlings depend on for food. RELOCATION ER-tcrs • Most palila birds that are relocated to other sites return to their natal territory or circum to predation in their trans-located area. OVER. DISTURBANCE • Research activities by scientists and biologists have contributed to palila loss. • Methods used in the catching, banding, mist netting and transmitter devices stress and kill palila. WEAref ET. Ef/-tcrs • Inclement weather, cold, wet conditions, high winds cause egg and nestling failure. • In the past, nests of the palila bird were found lined with bits of wool and sheep hair and served to protect the eggs and young from the weather. 'EA 3I TA T DE 1 DArroN •The State of Hawaii has NEVER IMPLEMENTED A GAME MANAGEMENT PLAN for the stewardship of our public lands. •At a recent'talk story with Senator Malama Solomon"she was surprised to find out that several management plans have been generated but never implemented. •WE MUST ALL ASK OURSELVES,"WHY SOMETHING SO FUNDAMENTAL TO EVERY OTHER STATE IN AMERICA,IS ABSENT HERE IN HAWAII?" •To know the"CARRYING CAPACITY"Of Our unique eco-systems here in Hawaii is a very important tool to manage game mammal populations. •Habitat degradation happens when the following conditions occur unchecked populations in a given area,animals confined to a smaller range"fencing"or access to areas that are restricted. FUNDING FOR c 4ME MAIVA EMENT so Fug d,edL p ro rcun ' • Natural Area Reserve System(NABS) • Watershed Partnership Program • Forest Reserve Management Program • Hawaii Invasive Species Committee Program $6,570,344 Federal funded.American recovery and reinvestment act.2 year. $2,500,000 State funded. He2e12 1utJTEi S •There are 18,000 licensed in Hawaii. •Each hunter spends on average $2,000 a year on fees, food, travel expenses and gear. Hawaii hunters spend $36 million per year on hunting activities Slat of Hawai F rest Reserve System H aii Island�Bg Island) ».aFm t rde.owm.. a A s fl S D • NO GAME MANAGEMENT PLAN • Endless slaughter of our game mammals. • Degradation of our land. • Conflict. ivu rur iuir iy for a Game manageme nt plan money for other programs what is really going on in our mountains? Aerial shootings invasive weeds RE a ni 'kT # Y 3 wild cats , .. ,e, e^' 4 CRUELTY gs r It i a AUWE! m -,,,y, ,,,,i,...., DISGRACEFUL a �� yea ;x �. R y CARNAGE r Trapped Iambs 2 i.,,..1,.:.. „,,,,...-i',::'',.:.4.1.' • � _ S •• YSI —".......:::::::„e tax dollars r M .tei,kti,,,,,,,:„-,,,,i.,,, ofittfa„ - . funded by Y Congress �. women Mazie � - � �a Hirono i. � a. x. , ; < .. p s MASS GRAVES ., ''7.71°:,;Litit447-*te ''''''.'''' ''''.,'imk. ,..,'''' ,';'-'- /., '''' .0 ,,' `' , ' �• 4`R t.?fit END GAME " ,. sue, tea. e s�m�� Sc CONFLICTS • HUNTERS ARE OUTRAGED. • MAUNA KEA FOREST RESERVE HAS 52,900 ACRES. • PALILA BIRDS ARE FOUND IN A 7,750 ACRE AREA. • 85% OR 45,150 ACRES HAVE NO SHEEP, GOATS OR PALILA BIRDS. NOTHING LEFT TO HUNT. • A SMALL NUMBER OF SHEEP AND PALILA ARE FOUND IN THE SAME AREA. CONFLICTS • DOFAW does feral cattle slaughter by helicopter. • The activity disregarded the wishes of the council. • Residents heard rapid fire shooting. • Hundreds of cattle were culled. CONFLICTS • PTA COMMANDER ORDERS HIS OWN AERIAL ERADICATION. • 500 GOATS AND UNTOLD NUMBERS OF SHEEP ARE GUNNED DOWN AND LEFT TO ROT. • DLNR UPSET WITH ILLEGAL ACTIVITY. H-fawc U'2e>v14-ed,Statttte - • HRS-263-10 Hunting from aircraft; penalty. Any aeronaut or passenger who, while in flight in, across or above the State, intentionally kills or attempts to kill any birds or animals shall be guilty of a misdemeanor and punished by a fine of not more than S1,000, or by imprisonment for not more than one year, or both. !L 1923,C 109, §13;RL 1925,§3903;RL 417C scnoc.A/ nnnc L/In77./f/ 4fCG LIL 4/1,1_1n0 D.CNR RESPONSE • "State law has jurisdiction on this issue," Aila said."The state statute allows aerial shooting,and we will continue to do aerial shooting where it's proper and where it's effective." • Chairman Aila's statement seems to contradict the HRS. • A state attorney was asked, how is it legal for the State to do aerial shooting? The answer, "the State does not have to follow its own laws." LAWS Laws Concerning Endangered and Protected Species • The Endangered Species Act prohibits the"taking'of endangered fish or wildlife In the United States and can be enforced by anv Peraon,16 U,$ 11 539 Q The Act Is a very powerful r. too f 0conservation groups and has been given a liberal interpretation by county. strong precedent from the Ninth Circuit,which gives credence to this • in G.//f.vH. ./O-• •f L. • r./R-•f-,the Department had been mainta n ng a C0 00Y.0 era s cep an.goats wt n e habitat Of the Pallla bird which exists only in Hawall and had been classified as an endangered species.639 F.2d 99519th Cir.19811.The feeding habits of the herd and its practice of bedding down near the tree line caused a decrease In the rate of forest regeneration.Because the effected trees were within the officially designated habitat of the critically endangered Pallid bird,It was held that the Department's maintenance of the herd was a'taking'under the Act.In fact,the Ninth Circuit affirmed a grant by the district court Of summaryjudgment for the plaintiff.This is a striking conclusion,because It Illustrates the tremendously broad definition attributed t0 the word'take," notwithstanding apparent problems with causation.As the Court noted the Act defines"take'to mean-t0 harass,harm,pursue,hunt,shoot,w0und kill,trap capture, or collect,or to attempt to engage In any such conduct.'16 .S.C. 153211 1 12006. Harass'had been defined as'an Intentional Or negligent act or Omission that significantly disrupts normal behavior patterns of the endangered animal:Pallla at fDZ.The Court did not find It necessary to establish that any of the Department's specific acts were negligent or intentional.Rather,It applied what appears to be a strict liability standard to those whose actions,In any manner,lead to the loss of endangered animals.The court also found the Department had'harmed'the birds. Harm'may include significant habitat modificati0n or deggradati0n where It actually kills or Injures wildlife by significantly impairing essential behavioral patterns,Including breeding,feeding or sheltering:50 C.F.R.17.3 120061. • So herding and feeding of feral sheep and goats Ina manner which Indirectly causes tth^e_loss Of endanngered birds oven time Is 50 clearly a"taking."Pallla makes It "THE TAKING" • The Endangered Species Act prohibits the "taking"of endangered fish or wildlife in the United States,and can be enforced by any person. • the Act defines"take"to mean"to harass, harm,pursue,hunt,shoot,wound,kill,trap, capture,or collect,or to attempt to engage in any such conduct."16 U.S.C.S 1532(19)(2006). "Harass"had been defined as"an intentional or negligent act or omission that significantly disrupts normal behavior patterns of the endangered animal." LAW VS. SCIENCE • The Act defines"take"to mean"to harass, harm,pursue,hunt,shoot,wound,kill,trap, capture,or collect,or to attempt to engage in any such conduct."16 U.S.C. 6 1532(19)(2006). "Harass"had been defined as"an intentional or negligent act or omission that significantly disrupts normal behavior patterns of the endangered animal." • THE REMOVAL OF UNGULATES FROM THE MAUNA KEA FOREST RESERVE WAS BASED ON BROADENING THE DEFINITION OF THE TERM "A TAKING" • REPORT TO CONGRESS REPORT ON EFFECTS OF AIRCRAFT OVERFLIGHTS ON THE NATIONAL PARK SYSTEM PREPARED PURSUANT TO PUBLIC LAW 100-91, THE NATIONAL PARKS OVERFLIGHTS ACT OF 1987 NATIONAL PARK SERVICE — USFW EFFECTS OF AIRCRAFT NOISE AND SONIC BOOMS ON FISH AND WILDLIFE RESULTS OF A SURVEY OF U.S.FISH AND WILDLIFE SERVICE ENDANGERED SPECIES AND ECOLOGICAL SERVICES FIELD OFFICES,REFUGES,HATCHERIES,AND RESEARCH CENTERS 1.3.4 Effects on wildlife • Wildlife is one of the parks'natural resources that can be impacted by over-flights,and is required to be examined by the law.Chapter 5 discusses physiological and behavioral responses of wildlife to over-flights,presents a summary of observed responses for various species,and examines indirect effects of disturbance from over- flights such as accidental injury,reproductive and energy losses and habitat avoidance and abandonment.It also presents factors that influence animal responses to aircraft, discusses some of the problems with detecting long-term effects of aircraft produced disturbance,and examines the limitations of current information about wildlife responses 5.4.2 Reproductive Losses • For many species, it has been argued that disturbance could cause reproductive losses by altering patterns of attendance to young. Disturbed birds have been noted to fly away from the aircraft, and leave eggs or young exposed. Birds that quickly flush from nests may accidentally break eggs or kick eggs or young from their nests. 5.4.4 Habitat Avoidance and Abandonment • Many wildlife biologists are concerned that the disturbance from over-flights could cause sensitive animals to abandon their habitats.This subject has drawn attention because the consequences of habitat abandonment can be serious,particularly for species whose high-quality habitat is already scarce. • Observations suggest that some birds do abandon their habitats in response to overflights. • Observations by refuge biologists suggest that the endangered Palila Bird in Hawaii underutilizes a sizable portion of its critical habitat because of low- altitude military aircraft over-flights(Gladwin et al. 1987). 5.10 DEVELOPMENT OF IMPACT CRITERIA • Studies to-date have verified that physiological and behavioral responses by wildlife to low-flying aircraft do occur.The nature of these responses suggests that at least some animals suffer other consequences.The studies by Stockwell et al.(1991)and Belanger and Bedard (1989a,b) provide compelling evidence that energy losses and habitat avoidance are occurring in response to over-flights. DEFINING IMPACTS • Defining impacts according to some specific,measurable criteria is a useful first step towards developing a policy. There is no consensus in public or scientific communities regarding impact definition.The following,categories of impacts are adapted in part from a matrix of definitions developed by Oak Ridge National Laboratory staff members Roger Kroodsma and Warren Webb in cooperation with the U.S.Air Force(Braid 1992).They are meant to help agencies in determining the severity of impacts.In these definitions,"species of concern"include Federally-or state-listed threatened,endangered,and candidate species,species of local economic importance,or species of particular concern to conservation or other interest groups.This definition can be expanded to include any species that is known to be susceptible to disturbance."Habitat"is used to refer to the physical landscape and its ecosystem components that are subjected to overflights. HIGH IMPACTS • Breeding individuals are present In relatively high numbers,and/or animals are present during particularly vulnerable Ilfeatages. • Habitat targeted for overflights has a history of use by the species during critical periods,and this habitat Is somewhat limited to the area targeted for overflight use;animals cannot go elsewhere to avoid impacts(animals can rarely"relocate" except temporarily). • Mortality or other effects(injury,physiological stress,effects on reproduction and young.raising)are expected on a regular basis.These effects could threaten the continued survival Of the spedes. • State and federal wildlife officials express serious concern. • This evaluation process relies on the opinions of wildlife managers and researchers.In general,members of the sdentiflc community agree that damage to animals should not need to be proven before Impacts are considered likely.In the conclusion of the majority of studies,researchers caution that,though they cannot[prove that impacts occur,overflights that cause disturbances should be PALILA LOSS • Behavioral and physiological responses have the potential to cause injury,energy loss(from movement away from noise source),decrease in food intake,habitat avoidance and abandonment, and reproductive losses(National Park Service, 1994).Studies have shown that when certain bird species are flushed from nests in response to noise,eggs are broken and young are exposed to injury and predators(Bunnell et al.,1981;Gladwin, 1987). OVER-FLIGHTS •The manner which indirectly causes the loss of endangered birds over time is so clearly a "taking." • Palila vs DLNR makes it clear that no intent to cause harm to endangered species is needed. Sierra Club, Fish and Wildlife criticize proposed Army exercises • The second draft of the Environmental Assessment for the Army's plan to conduct landings on Mauna Kea. • The Sierra Club is concerned about the affects over-flights will have to the palila critical habitat. • "We have to look at things in perspective," maintained Peshut,(PTA Biologist)."On Mauna Kea,there are thousands of(civilian] flights per year, uncontrolled and unregulated,over palila habitat. WHO GETS A FREE PASS • The Sierra Club is concerned about the army flying 2000 feet over palila critical habitat. • DLNR flies 50 feet over palila critical habitat multiple days four times a year to flush ungulates out of the palila critical habitat as part of their eradication efforts. •What impact is this having on the palila? EXTINCTION 35000 30000 _ 25000 20000 '.............___':,_..............:..............................................._............................ —pahia 15000 ---- --- ^^°"helicopter flights 10000 _..... ......... _........_..... _......... 5000 1980 1990 2000 2010 2013 BALANCE • A HARMONIOUS ARRANGEMENT • DO NOT EXPEDITE THE ELIMINATION OF OUR GAME MAMMALS ON OUR AINA. Need/for GWne/2P/s-P ve' • There is a great need for a game reserve. • Creating a game reserve,would provide us with game hunting opportunities with out disrupting sensitive eco-systems. • Examples would be,fencing in some unproductive ranch lands and non palila occupied zones. • Ungulates could be removed from more sensitive areas and relocated to this game reserve.Culling activities would maintain species diversity and provide food,along with quality hunting opportunities for those that enjoy a trophy hunt. • Management of game mammals includes but are not limited to, open/close seasons,special ram tags depending on animal maturity to improve species diversity,good genetics make for a much more desirable animal. • Quality not quantity/ CONCLUSION • Not one minute or a penny has ever been spent on investigating the devastating effects that over-flights have on this critically endangered species. • My recommendation to our Hawaii County Council and the State DLNR is an immediate seize and desist on all aerial eradication,until such time,that a full investigation and proper field studies may be conducted. • It is my hope that this presentation will not be used to expedite any eradication efforts to undermine our cause. • 3 ay- a-rut-P" atMa.i vtauK.ew1942 BIBLIOC�RAP_7-L 1J. • bigislandweekly.com/news/chiding-the- choppers.html • http://www.census.gov/prod/2003pubs/01fhw/f hwOl-hi.pdf • www.hawaiiaudubon.com/newsletter/e10508.p df