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Tuesday, August 29, 2017

Vol VI No. 665 Part 4

You can stop THE WRONGFUL, ILLEGAL EXTIRPATION OF PUEO @ UHWO

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Tom Berg

AttachmentsAug 28 (1 day ago)
to Carroll, Carroll, Carroll
fyi-  THE EMAIL has to be THIS long-  this is not a crisp, EASY simple matter. 
Scroll down to see latest Pueo sighting at UHWO- - 


-Feel free to share with those tracking/following the plight of the Pueo - TO THOSE PEOPLE that will help it- THE PUEO survive- get a Habitat Conservation Plan (HCP) there in Honouliuli Ahupua'a. 

I trust you want to help that bird-  and out to do the right thing and give that bird a place to call home.  This is about uniting for that bird- leaving our own conflicts amongst and between us humans behind. 

The "weed" Red Ilima - endangered (FED LISTED)- that grows like a weed- was thought extinct on Oahu due to farming - but in 1996 or so- on fallow ag lands NEAR UHWO- it was found again- now it got- this plant- $20 million dollars for an 18-acre parcel of land to grow on-  and three separate outcroppings elsewhere to proliferate-  a plant- that grows like a weed- needs no assistance- and just grows -   got all of that. 

All it took for this endangered plant to be found and grow- was for the farmers to get off a percentage of the land and stop plowing over 99.99% of everything and leave a patch or two untouched. 

On the same fallow ag land that the Red Ilima was found back in 1996- the Pueo was too- already there- but the Pueo unlike the plant - the plant has roots- the plant cannot fly away- so IT, the plant, it GOT THE PROTECTION- THE PLANT GOT THE HCP-   the Pueo is at UHWO because for a spell, UHWO left the landmass mostly fallow-  but now- UHWO is in a panic- a rush to extirpate that bird so the bird does not interfere with UH BOR's real estate marketing plans for the 300-acres at UHWO to be leased-  at the expense of the Pueo.  So UHWO is leasing out raw Pueo grounds /nesting sites to farmers- as we speak- and the land is for the most part- being completely cleared/wiped clean of any and all foliage.  

Farming every inch again practice at UHWO- by design to kill off that bird? You betcha. 

In contrast- however - the Pueo does FLY- it does everything in its power TO NOT GET CAUGHT- TO NOT BE SEEN-  goes from plot to plot- has no roots- puts up no mailbox-  so it gets screwed in every FEIS executed and recorded. 

This is the time to stop the horrific treatment of this sacred bird here being levied upon it by the STATE OF HAWAII- and give it, the Pueo its own OFFICIAL home- like the Red Ilima got- and we work together as a TEAM to get  A PUEO SANCTUARY-REFUGE-PRESERVE @ UHWO -  such is warranted- and more importantly, this is where the bird wants to be/stay- CALL HOME.  

Hence-  the farming there @ UHWO needs to stop- every inch is being taken right now of Pueo Country by design- using farmers as an "acceptable" END LAND USE excuse to remove and wipe clean/purge Pueo habitat from the landscape. 

Please consider helping it - THE PUEO, get that home. 

Mahalo. 

TB 



----- Forwarded Message -----
From: Tom Berg <tomberg00@yahoo.com>
To: Melissa Price <pricemel@hawaii.edu>
Cc: Michael Lee <keakuaskahu777@yahoo.com>; Kai Markell <kmarkell@hawaii.rr.com>; Kai Markell <kaim@oha.org>
Sent: Monday, August 28, 2017, 5:52:20 AM HST
Subject: Fw: OMBUDSMAN COMPLAINT : THE WRONGFUL, ILLEGAL EXTIRPATION OF PUEO @ UHWO

Aloha Dr. Price- 

Please consider taking a moment to really think about what is stated below-  do you really trust the DLNR? I know of no one- no one - no person in the entire State who respects DLNR-  or rather, trusts them to play fair and follow the laws. This says it all about DLNR- how they treat Pueo in Urban Growth Boundaries versus State Conservation Land-  for the laws make no distinction as to where-  if the endangered thing is there- it is supposed to get equal protection rights....but for UHWO, within the Urban Growth Boundary, DLNR has decided to ignore following the same laws that protect the same bird on its State conservation lands.....why is this?
TB


----- Forwarded Message -----
From: Tom Berg <tomberg00@yahoo.com>
To: Office of the Ombudsman <officeoftheombudsman@ombudsman.hawaii.gov>; complaints@ombudsman.hawaii.gov <complaints@ombudsman.hawaii.gov>; State Office of Environmental Quality Control <oeqchawaii@doh.hawaii.gov>
Cc: Afsheen A. Siddiqi <afsheen.a.siddiqi@hawaii.gov>; David G. Smith <david.g.smith@hawaii.gov>; Melissa Price <pricemel@hawaii.edu>; Javier Cotin <jcotin@hawaii.edu>; Sheila Conant <conant@hawaii.edu>; Eric Seitz <eseitzatty@yahoo.com>; John Carroll <johncarro001@gmail.com>; John Carroll <johncarro001@hawaii.rr.com>; Clayton Hee <senatorhee@gmail.com>; Suzanne D. Case <suzanne.case@hawaii.gov>; scase@hawaii.gov <scase@hawaii.gov>; s.case@hawaii.gov <s.case@hawaii.gov>; DLNR. CO. PublicDLNR <dlnr@hawaii.gov>; Princess Kawananakoa Foundation <apio@hawaii.rr.com>
Sent: Monday, August 28, 2017, 5:21:27 AM HST
Subject: OMBUDSMAN COMPLAINT : THE WRONGFUL, ILLEGAL EXTIRPATION OF PUEO @ UHWO

Attention Ombudsman-

This is the link to the Office of Environmental Quality Control's approval of the FEIS for UHWO /letter sent out on January 19, 2007:


On page 3, under Item #G, it states:

Inline image

Question:  

Since the original EIS omitted, and failed to quantify, nor list, nor identify the Hawaiian Owl- called the Pueo, which is listed as endangered on Oahu, as occupying the site, the FEIS now has a NEW CONDITION-   per the definition of the law; and

Since a Certified Ornithologist has now confirmed the inhabitation of the Pueo on the subjected property in question--- the law now requires that, when a NEW CONDITION to the FEIS is verified, such triggers the SEIS be initiated.  The Pueo is the NEW CONDITION.   

PER PAGE 3 OF FEIS approval/push for acceptance conveyed JANUARY 19, 2007 by OEQC :   "...if there is a major or substantial change to the proposed project, OR IF DIFFERENT IMPACTS ARE ANTICIPATED."

Why hasn't the DLNR and or OEQC followed the Rule of Law/HRS and acted upon Item # G illustrated/extrapolated from OEQC, FEIS, from page 3 aforementioned?  "WOULD NOT THE PUEO QUALIFY AS A 'DIFFERENT ENVIRONMENTAL IMPACT ANTICIPATED?'"

Your attention to this important legal matter of noncompliance by the State of Hawaii to properly protect the endangered Pueo at UHWO is greatly appreciated- and that they, the State of Hawaii, that they on their own State Land, EXECUTE THE SEIS as is warranted.  

To deny, refuse, and fail to execute the SEIS of and by the State of Hawaii, is a breach of law, and an act of noncompliance to our endangered specie laws. 

Please answer the question proposed- why is the State of Hawaii refusing to initiate the SEIS for UHWO on behalf of the "unanticipated" presence of the endangered Pueo?   

 ***The original plans as proposed in the FEIS - were done under circumstances/planned where zero endangered birds lived, per PBR Hawaii that executed the EIS for the property.   Now that we have had a Certified Ornithologist who works for the State of Hawaii confirm we do have an endangered raptor there, on property, shouldn't the development plans reflect this New Condition- recognize it? 

WHY IS THE STATE OFFICE OF ENVIRONMENTAL QUALITY CONTROL ALLOWED TO ADVANCE AND RETAIN A FALSE NARRATIVE OF THE PROPERTY- OF WHICH CURRENTLY, FRAUDULENTLY PORTRAYS A CONDITION OF THE PROPERTY IN WHOLE, THAT ZERO PUEO INHABIT THE PROPERTY IN ITS ENTIRETY WHEN SUCH IS NOT A TRUTHFUL REPRESENTATION NOR AN ACCURATE NARRATIVE- AND THUS RATHER, A FAKE CHARACTERIZATION OF WHAT THE PROPERTY HOLDS IN POSSESSION IS ALLOWED TO REMAIN IN PLACE?

This is wrong. Future generations will be relying on a fake, falsified FEIS for UHWO- approved by DLNR.  This is illegal, immoral, corrupted behavior and needs your immediate attention for resolve-  to bring the State back into compliance.  

OHA- Office of Hawaiian Affairs-  has reference to further- additional legal rights as is listed in HRS for cultural practices- etc., directly connected to the wellbeing of the Pueo-   and this defiance by the State of Hawaii Department of Land and Natural Resources to protect religious, cultural practices of Native Hawaiians, is also an affront to the Rule of Law.

Mahalo.

Tom Berg



From: Tom Berg <tomberg00@yahoo.com>
To: Melissa Price <pricemel@hawaii.edu>; Javier Cotin <jcotin@hawaii.edu>; Afsheen A. Siddiqi <afsheen.a.siddiqi@hawaii.gov>; David G. Smith <david.g.smith@hawaii.gov>
Cc: Marjorie Ziegler <mz@conservehi.org>
Sent: Sunday, August 27, 2017, 10:48:15 AM HST
Subject: Could be a Pueo Nest @ UHWO

Aloha to You folks doing the Pueo Islandwide survey-  I sent this to you to add to your data-   please see photos- 

Please confirm you got this-   as it stands, where is the report on the current sighting by Dr. Cotin at UHWO?  Is that data available yet ///or on the pueo website?

Mahalo
TB



From: Tom Berg <tomberg00@yahoo.com>
Cc: Melissa Price <pricemel@hawaii.edu>; Javier Cotin <jcotin@hawaii.edu>; Jenny Hoskins <jenny_hoskins@fws.gov>; Afsheen A. Siddiqi <afsheen.a.siddiqi@hawaii.gov>; David G. Smith <david.g.smith@hawaii.gov>; Marjorie Ziegler <mz@conservehi.org>
Sent: Saturday, August 26, 2017, 4:31:28 AM HST
Subject: NEW DATA For Your Records- Could be a Pueo Nest @ UHWO

One Pueo is lighter in color and stays in the trees nearby as a lookout-  in contrast, this darker one/Pueo sitting in the grass I have rarely seen in the trees perching as do the other(s) - it, this one, always flies out from within a hole in the ground....I know where it is. And its days are numbered. 
TB

Inline image

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Here is a video of the darker one that flies out of the ground-







Attachments area
Preview attachment seis uhwo page 3.jpg
Preview YouTube video Pueo 8.20.2017

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