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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 250 17
(DRAFT 2)
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO A
RIGHT-OF-ENTRY AGREEMENT WITH CYANOTECH CORPORATION TO
ALLOW ACCESS TO THE KEALAKEHE WASTEWATER TREATMENT PLANT
FOR THE HABITAT CONSERVATION OF HAWAIIAN STILTS AND HAWAIIAN
COOTS.
WHEREAS, the County of Hawai`i's Kealakehe Wastewater Treatment Plant
("Kealakehe Plant") is located at 74-5200 Queen Ka`ahumanu Highway, Kealakehe,North
Kona,tax map key (3) 7-4-008:058 and 073; and
WHEREAS, the Hawaiian stilt(Himantopus mexicanus knudseni) and Hawaiian coot
(Fulica alai), which are waterbird species protected by the Federal Endangered Species Act of
1973, have been nesting and foraging at the Kealakehe Plant; and
WHEREAS, the State of Hawai`i, Department of Land and Natural Resources, Division
of Forestry and Wildlife and the U.S. Department of the Interior, Fish and Wildlife Service
require predator control for all landowners who have endangered species residing on their land;
and
WHEREAS, Cyanotech Corporation ("Cyanotech") is implementing a Habitat
Conservation Plan for the Hawaiian stilts and Hawaiian coots, which includes the Kealakehe
Plant as a supporting wetland for the waterbirds' recovery; and
WHEREAS, Cyanotech will collaborate with local animal advocacy groups in
developing and implementing best practices for protecting Hawaiian stilts and Hawaiian coots,
and for the humane treatment of pests and predators; and
WHEREAS, Cyanotech has requested entry onto the County's property to access the
Kealakehe Plant to perform predator control on the site for approximately three (3) years, with
completion scheduled for June 30, 2020; and
WHEREAS, pursuant to Hawai`i County Code, Section 2-111, the Council may,by
resolution, authorize the Director of Finance to enter into a Right-of Entry Agreement with
Cyanotech; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in
accordance with Hawai`i County Code, Section 2-111,the Director of Finance is hereby
authorized to execute, on behalf of the County, the Right-of-Entry Agreement and any related
documents with Cyanotech Corporation, allowing Cyanotech Corporation to access the Kealakehe
Wastewater Treatment Plant for predator control to conserve the habitat of Hawaiian stilts and
Hawaiian coots.
BE IT FINALLY RESOLVED that the County Clerk shall transmit copies of this
resolution to the Office of the Mayor, the Department of Finance, the Department of
Environmental Management, and the Office of the Corporation Counsel.
Dated at Hilo , Hawai`i, this 7th day of September , 2017 .
INTRODUCED BY:
(� I
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X
County of Hawai`i on SPpr embpr 7, 2017
LEE LOY X
O'HARA X
ATTEST: POINDEXTER X
RICHARDS X
l
f RUGGLES X
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8 0 1 0
- .#"`-4-641--"c--) Reference: C-382.3/FMC-3
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 250 17
(DRAFT 2)
2