Friday, September 1, 2017

Vol. VI No. 666 Part 3

Re: She Died The Night Her Pueo Was Displayed

 

Tom Berg

AttachmentsAug 26 (6 days ago)

to DenbyJaynakconsilli
fyi


----- Forwarded Message -----
Sent: Saturday, August 26, 2017, 5:14:54 PM HST
Subject: Re: She Died The Night Her Pueo Was Displayed

I was told a true story the other day--  sharing- 

See-  there was this elderly woman-  who made things out of textiles- ancient ways of weaving, making fabrics, etc....while in her final days of he life, in her wheelchair, she handmade this pueo made out of felt fabric material - and woven and pieced in old style-  ....see photo attached- techniques of yesteryear preserved and taught to future generations-  they are going to do a TV special on her life/work on some local station from what I was told- 

On the night of the opening reception- to display all of the entries - all the works-  (judged competition) - her pueo-  revealed at the reception on August 24, 2017-  on that very night, of August 24th, she died.   Her name was- Wendy Kamai...from Oahu.

The Exhibit is called FIBER JOURNEYS - and my girlfriend is on their board (Hawaii Handweavers' Hui)-

This is the event now going on-

I think of this woman making this pueo as her point of interest in her life- her last time on earth and why this bird of all things- - 

....and how this bird has touched and still does- so many lives-  this is why we do what we do- fight to protect it- each in our own ways...the pueo she made is for sale as are all the works- fyi. 

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Attachments area
INEPTITUDE ?

pilipo souza

11:57 PM (8 hours ago)
to `EhuAlalFrenselAlikameBillBrennanCarmelitackaiamaClaradayna_cdsDerekDoraDeeEddyEvernGaellenGeorgeGeraldgordonHaweIkaikaJamiejaskatJoe(Kaonabo)/E.John
Aloha kakou he HAWAI'I  PAU?

Let us see if we can solve this riddle?

Now everyone on the Island of Oahu should know this for it is common as Duke Kahanamoku swimming in the now dilapidated Waikiki Natatorium War Memorial  or December 7, 1941?
  
What is Ignorant? Stupid? No give a damn? Or just out of focus of the Reality right before their maka?

This is the ingredients that sustains the Taxpayers on Oahu. As of this current Special Session of the 2017 Hawaii Legislature it is so contagious it now threatens to effect the whole State of Hawaii. But, e no pilikia, relieve is on the horizon?

Why do people believe anytime a Federal Standards Highway is funded it is without some form of a "new tax"? The Federal term "Freeway" is not Free! Tolls were administratively replaced with Federal, State and County taxes known as Fuel and Registration Taxes. Don't ever think you are not paying  tax every time you travel of H-1, H-2 or H-3 Highway or any government mode of travel, and are now paying for the RAIL even before it is commissioned for service.                                                                                              

What is the bottomllne of HART? It isn't to eliminate traffic from West Oahu to the rest of Oahu either. It is to clear the by-ways of West Oahu's day to day four hours of "Private Vehicle Traffic" to promote "RESIDENTIAL FOR SALE" signs that may be seen as far as China and India that will boost PROPERTY TAX REVENUES. 

It is no different than Disneyland in the sleepy town of Anaheim 1955 where the retail people of Anaheim where told your business revenue will increase. It did and so did the taxes. Kapolei is no different except the attraction of "Property Taxes" is the Center Stage and the Taxpayers of Hawaii are the clowns. 

But this is nothing knew to Hawaii for shortly after the restoration of the Hawaiian Kingdom Nation in July of 1843, King Kamemeha III, Kauikeaouli was indoctrinated by the same lobby known as "Public Needs demands Property Taxes" with Hawaii's first "Urban Renewal" of what was the "barren plains" of then Kaluokahu'a becoming the first lucrative revenue source of "Property Taxation" in the Hawaiian KingdomIn fact, some of developers of the Kapolei Region today are even ohana to the promoters of what was Kaluokahu'a pre-1850, that today is known as the residential areas of "Makiki-Manoa". 

The majority of the people of all Hawai'i today can not afford these residential prices of Second City Kapolei. The projected source of this revenue is in the Foreign Markets. But the people of Hawaii today are in the path of obstruction known as daily Traffic for three to four hours trying to get somewhere and their need of returning to their origin point. Even worst, this market is on Oahu's most productive Agriculture Land.

Local daily "Traffic Congestion" is not part of Norman Rockwell's Suburban America and does not sell communities.

The "RAIL" is not about Traffic. It is about increasing Property Taxes. The Original plans of the West Oahu projected the development of 65,000 residential units in various forms but due to opposition has been disguised as smaller capacities like that Hoopili and Koa Ridge while Kalaeloa and Ko'olina Marina is running silent and deep!

But for me the "kick-the-ass" was Senator Donna Mercado Kim voting in favor of the "RAIL-BAIL" after her "third degree" questioning of the current Director of HART but did not vote at    Monday's Ways and Means Committee, nor did she direct her questions to the former Chairperson of HART Senator Hanabusa? Then on Wednesday, Kim was one of the (17) aye votes cast in favor of further funding the RAIL!

Kind of reminds of the worlds biggest Dog Convention in K-Nine history where for admissions all the dogs had to check-in their ass-hole. During the gala event was a catastrophic fire and all the dogs just ran out the convention without their ass-hole. That is way when dogs meet today they will always smell first each others ass-hole and go upon their way with a bewidered look of where is my ass-hole. Next time you encounter two dogs meeting pay close attention!

I had the same look as I for the first time in my life view the Senate Ways and Means Committee on Monday from 10:00 am to 8:00 pm Olelo 49, hopefully thinking finally pono for someone (Kim) was asking the right questions? But as I viewed the voting Kim did not cast her vote and bugged out with "kanalua" (in doubt). But she did not shared her contempt of the HART's current Director with that of Hanabusa. In fact, Kim did not even say a word to or of Hanabusa. But after all, what is there to "doubt" when millions of dollars of expenditures are unaccounted for? Could it be that Donna Kim knows who will be the next Governor?      

But we need not to worry, for Donna Mercado-Kim is not the only "shibai" on the stage. She is in good company and will survive another election. Only the people of Pono will not!

pule kakou!,

pilipo
Hawaiian National (Made in Hawai'i 1936)
Coalition of Hawaiian Nationals - Now ! 

HEADSUP New Complaint on UHWO /Wrongful Extirpation of Pueo


Tom Berg

AttachmentsAug 29 (3 days ago)
  
to EricJohn
fyi


----- Forwarded Message -----
From: Tom Berg <tomberg00@yahoo.com>
Sent: Tuesday, August 29, 2017, 9:47:52 AM HST
Subject: Complaint on UHWO/ URGENT

Dear Ombudsman- 

The purpose of this email is to request that you garner/solicit answers as an official inquiry to some questions to be sent to
the University of Hawaii Board of Regents and also to the Office of Environmental Quality Control, and furthermore, to the State of Hawaii Department of Land and Natural Resources and also to the State Land Use Commission - and communicate "State to State" ---.

Each government entity aforementioned is of party and a player in getting the answers- ONE LETTER CAN BE SENT TO ALL IN ONE SWOOP-  of which will determine, if the State of Hawaii is in compliance to the EIS law-   my questions are forthcoming-  but my point is, we have to examine first, this one document before proceeding-

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
The statement : "...a further supplemental environmental impact statement shall be prepared if there is a major or substantial change to the proposed project, or if different environmental impacts are anticipated." 

Point of contention is-  that according to the plans, UHWO was by law, zoned out of AG by the State Legislature and Governor via legislation.  The Bill back then, designated instant end use- land use policies to be in place- and the zoning is illustrated here---- extrapolated from this document- this product, THE EAST KAPOLEI NEIGHBORHOOD TOD PLAN, is the result of that legislation for UHWO property:



Inline image
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Now, I ask you Ombudsman, to ask yourself this- knowing that farming practices need not execute any HCP-  they - THE FARMERS- are exempt from such when they run into Pueo.  So where a farmer runs into a Pueo and nest- by law, all the farmer has to do, is in good faith, leave it alone and is not required to report the event/discovery of Pueo, to any entity.  No HCP or ITP are issued on behalf of the Pueo.

Now-  take UHWO- let's look at the zoning for the 500-acre parcel as extrapolated from the East Kapolei Neighborhood TOD Plan :

Inline image
Here are my questions to you-  of whereby, I claim, that the OEQC letter dated January 19, 2007, of which was to urge the FEIS be accepted by Governor Linda Lingle, that the plans were to go from after re-zoning- taking UHWO out of Agriculture and placed into various developments- has changed.

This change- per that letter, under Item #G, page 3 of the FEIS, is that the NEW activity of NEW farming practices, on land now zoned for Medium Density Apartment (A-2), is being orchestrated.  This in of itself- without the Pueo even in the picture- as a new activity- unzoned- triggers an SEIS per that January 19, 2007, letter from OEQC.

By allowing farming on land zoned for development- allows for the extirpation of the Pueo- skirts the SEIS process- in that, when the farmer interacts with Pueo on the field, there will be no Incidental Take Permit to remove the Pueo- and - there will not be any Habitat Conservation Plan (HCP) for the Pueo- since by law, farming practices are exempt from having to do any HCP.

Conclusion is-  that the UH Board of Regents (BOR) has permitted raw land, and also lands that sat/remained in a fallow condition for almost 20 years- lands that housed Pueo-   to now be farmed- of which was not farmed prior to the FEIS being recorded/accepted.  This is a major change.

The public was led to believe-  that upon UHWO property, if a Pueo were found to inhabit the property, a SEIS would be executed- since the presence of the Pueo would be classified as a NEW CONDITION to the FEIS. 

In my opinion, UH BOR is extirpating the Pueo illegally, by allowing farming practices to be placed on land that is not zoned for such end use.  The act of farming, skirts the protection offered - relief provide per statute, to the Pueo whereby a ITP and or HCP shall be executed prior to development if a NEW CONDITION is determined to be on the property.

Dr. Cotin, a Certified Ornithologist- went to UHWO two weeks ago- and officially observed the Pueo on UHWO property. This event, is to by law, trigger as a NEW CONDITION, being the Pueo on site- on property-  such is to trigger a SEIS.

So here are the questions:

1.  Is it permitted, that new farming enterprises and establishments, with major appurtenances added to the property (electricity; piping for water/irrigation; new roads etc., that such farming encroachment activities shall be conducted upon land that is designated and currently zoned for Medium Density Apartment District (A-2) end use -per statute?

2.  Knowing the Pueo are inhabiting the fallow agricultural land, per Dr. Cotin, shouldn't the UH BOR cease and desist the issuing of leases to farmers that are decimating the habitat for the Pueo witnessed on property by the ornithologist?

3.  By allowing farming on new land, and lands that also remained fallow for almost 20 years, isn't the DLNR and OEQC skirting the SEIS law- whereby if the land went from remaining in a fallow-  unchanged condition- per the FEIS, Item G, page 3, straight to development- Medium Density Apartment District as is planned, any discovery of Pueo in the construction phase for the development- would trigger and require a SEIS- and or HCP be conducted- and or a ITP be advanced.  Does the OEQC and the DLNR condone this bait and switch-  this change in end use land use policy without an SEIS?

Keeping it short man. 
6 Attachments
 
 

Hawaii Free Press via hawaiifreepress.ccsend.com 

Aug 28 (4 days ago)


Hawai`i Free Press 
Today's News Read
August 27, 2017

Legislators Exploit Caldwell's Unpopularity to Distract Public While Enacting Massive Tax Hike
... Make Sister Isles Pay for Rail? Big Island Senators say 'No' but Big Island Reps Ready to Stab Constituents in Back ....
Caldwell: 'I don't need to take this' Yelling from Drunk, Belligerent Legislators
... Legislative Winos Try to Shift Blame While Hiking Taxes ....
Hanabusa: Caldwell's $548M Surprise Covers up for Something
... While Rail Hangs in Balance, Caldwell Plans to Splurge $500M on Blaisdell  ....
Caldwell: Legislators too Stupid to Understand Where Latest $548M Came from
... Caldwell is accused of padding rail budget  ....
UPDATE: Billion Dollar Bailout Added to Rail Tax Hike Bill
... SB1 has been deleted from the WAM Hearing notice and replaced by SB4.... WAM Hearing Monday 3pm, Capitol Auditorium ....
Honolulu: For 1000s Property Tax Rate Will Quadruple Sept 1
...another Caldwell tax hike trick....
Hawaii Millionaire Will Go Broke Faster Than Any Other State
...If you retire with $1 million in Hawaii, you have just shy of a dozen years to ride out your savings....
OPEN LETTER: Tulsi Gabbard's GMO labeling push is an embarrassment to pro-science progressives
...It's disheartening to see intelligent individuals on the political left like yourself continue to focus your efforts on this issue despite an overwhelming scientific consensus that indicates you are simply tilting at windmills....
What Does it Take to be Expelled from Manoa Mosque?
...it has not been easy going for Saleem Ahmed....
Mauna Kea: UH to Trade 10,000 Acres for Telescope Approval, Lease Extension?
... expedite the return of the 10,000 acres to the State of Hawaiʻi and pursue a new lease or land tenure for the reduced acreage that will support the continued viability of astronomical research ....
Carvalho for Governor? Ige to Remind Votes that...uh...uhh....
...Ige plans to ramp up his political fundraising efforts to raise $1 million before the end of the year to prepare for what could be a bruising Democratic primary....
"Rising seas will devour Waikiki, wash away billions from Hawaii's economy"
...If they really believe this, they would shut down the Rail project immediately....
Multi-Billion Dollar Tax Hike--Legislators' rail funding deal makes Sister Islands Pay
...Caldwell to Legislators $3B Tax Hike or Nothing--Promises Tax Hike Trifecta--GE Tax, TAT, Property Tax all to go up....
Rail represents everything that is wrong with state government
..."It's this insider game where the unions and construction that benefits that's sort of poorly managed and largely corrupt."....
Rail: Hannemann, Hanabusa Pointing Fingers
...Hannemann said if they didn't move forward then, there would be no rail today....
Full Text: Feds Letter Demanding Rail Plan by Sept 15
...The Recovery Plan does not include a financial plan with funding sufficient to cover HART's current estimated total Project cost....
Honolulu Republicans Protest Rail Bailout Bill
...Senate Committee on Ways and Means to hold hearing Monday, August 28th beginning at 3pm....
Rail: How to Gut an Audit
... how they follow through could make it all for naught ....
Full Text: Caldwell Rips Legislators' Rail Tax Hike Plan
...we were told that this was not a negotiation but a take it or leave it situation....
Postpone tax talk until after rail audit
...there is, in fact, another feasible option: no tax increases at all....
Keep Traffic Jammed: Rail FEIS Shows Plans for Lane-Elimination
...buried in one of the technical reports that are referenced and made part of the FEIS so you would not be able to say they didn't tell you....
Ige Unveils Plan to Bulldoze Kalihi, Build Condos
...to transform the community....
State GOP Calls for Forensic Audit of Rail
...A call for Republicans to push for a forensic audit of HART and their failed rail project....
West Oahu Schools Underfunded? AG Responds to McDermott Suit
... The State has asked the Intermediate Court of Appeals to affirm Judge Nacino's decision to dismiss the case ....
Which Counties Benefit Most From the Home Mortgage Interest Deduction?
...how much U.S. taxpayers deduct in home mortgage interest by county....
Schatz: Put Everybody on Medicaid
...Let us all share in the biggest failure....
Interior Dep't Sends Trump Recommendations on National Monuments
...findings and recommendations on national monuments that were under review as a result of the April 26, 2017 executive order....
VIDEO: Panos on Mauna Kea Telescope
...Panos Prevedouros joins Jay Fidell on Community Matters to discuss developments in the Thirty Meter Telescope (TMT) plans on Mauna Kea....
...

[Message clipped]  View entire message

Shibai, Children of Lie


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pilipo souza

10:09 PM (12 hours ago)
to AlalFrenselAlikameBillBrennanCarmelitackaiamaClaradayna_cdsDerekDoraDeeEddyEvernGaellenGeorgeGeraldgordonHaweIkaikaJamiejaskatJoe(Kaonabo)/E.Johnkahea-alliance
Aloha kakou he Hawai'i, PAU?

The term "Shibai" is supposedly a Japanese word with varied definitions but its meaning has been woven into local language via pidgin of Hawaii. Politely, a definition of shibai would be "lies" A more nuanced version would be "Bull Shit". The word is commonly known or referenced in Politics and is associate to the Japanese word for "dramatic play".

Yesterday, August 28, I made it a point to view the Fake State of Hawaii Legislative Senate Ways and Means Committee of Eleven on Olelo 49 from (10:00 am to 8:00 pm). I witnessed the most "Dramatic Play" of my 80 years in life. All the players were masked, it was more like upgraded Holloween Party were only the affluent could afford to be costumed.

Growing up in rural Kailua, Oahu my Okinawan friends had a befitting term of "nanatsuo kao" meaning having seven faces for everyday of the week. This Senate "Way or Means" 2017 Special Session and its audience was a cast of "nanatsuo kao".

The "opening curtain" of the hearing was the normal written or verbal testimony of City Officials and that of private interest, The "Second Act" was questions from "Ways of Mean" Committee to FART Officials, Mayor Caldwell, Council Chair Menor and State and County Finance Officials.     

But then, there was some light of truth trying expose "shibai" via the most direct questions by any of "Ways of Mean" Committee" coming from Senator Donna Mercado Kim where she "fish
fried" Officials of HART of the "repeated override expenditures of millions of dollars"that even doubled the original contracted allocated funding. There was no valid answer but plenty "nanatsuo kao"

Over expenditures like 100 cubic yards of a concrete pour ending up as 150 cubic yards that blamed the unforeseen "ancient infrastructure of lava tubes" in the path of the RAIL?

These "FART" Officials have taken Fraud farther than any known intruder or invader of the Hawaiian Nation. Even greater than the well plan "Bombing of Pearl Harbor" which this day is idolized even greater than the creation of Mauna Wa Kea.

Senator Donna Mercado-Kim was the only Senator that hit the "Bulls-Eye" while all others danced around the five and six ring, praising themselves as "I am in it for you"?
But what bothered me the latter questions segment Senator Kim did not question U. S. Senator Hanabusa who was also part of FART before going to the U. S. Congress's lua? One thing the citizens of Fake Stake of Hawaii can expect and be proud of is all their elected Officials know what is going and won't say a word Pono.

What happen on Monday's "Ways of Mean" was the just the answer to the beaconing call of the "Wagon Master" that they have to circle the wagons because "those Natives again        are getting to close to the truth" The Honolulu Area Rapid Transit is no different than the Railroad the James Brothers faced in Missouri.   
       
Then, the Queen of Ko'olina came forward to explain the legality of FART and FTA, to the tune that the Hawaii Legislature nor the people of Hawaii are able to comprehend everything before them as what it seems to be because it is not (Matrix?), and after the smoke and dust has all cleared, everyone will be collectively poorer but happier with a "New Governor", for it won't be Ige or Caldwell?

In closing,may I reference a quote by a dear friend UH Professor Ira Rohter who lead a "Citizens For Vote Integrity" in late 1970's that I was part with concerns about the new coming of computerizing voting in Hawaii?  

"Shipboard and casino lobbyist dangle before revenue-hungry legislators claims of enormous economic benefits, bountiful state tax revenues, creation of thousands of jobs and an "economic boom for all sectors" To be blunt, these industry-generated numbers and studies are pure shibai" Ira Rohter October 27, 2002

It is amazing how things never change. Only adjusted but never changed!

Then in August 13, 1997 Honolulu Star-Bulletin; Richard Borreca
"Sometime after I came to Hawaii in 1968, I remember reading a speech by a politician who announced that "the days of shibai" have ended. After learning what "shibai" meant, I felt comfortable knowing that here in America's newest state, political BS was not allowed. It was probably the last time I believed a politician's speech". 

Sounds like the late Senator K.K. KauManure platform I held sign for!

To think this Bull Shit is allowed to exist and applauded while the People of Texas are looking for just a warm and dry spot to rest!

kaulana na pua,

pilipo
Hawaiian National (Made in Hawai'i 1936)
Coalition of Hawaiian Nationals - NOW !

****************************


Request to Senator Espero; STATE IN NONCOMPLIANCE TO FEIS FOR UHWO


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Tom Berg

8:45 PM (14 hours ago)
to WillStateborOfficecomplaintsHonolulutransitdouglas.s.chinKaiPublicDLNRMarjorieLoyalPrincess
ALOHA SENATOR WILL ESPERO-

This is your constituent, Tom Berg, seeking your assistance on the matter of the Pueo that too, occupies your district.

If you do not have the time for this lengthy email alert- just consider scrolling down fast to my three questions to expedite- mahalo.

There is a video I would like you to watch-  of the Pueo at UHWO- it is one minute in duration- the video is pasted at the bottom of this email to you.

I sent this email with the video to you to serve as an example of the evidence- that the Pueo is residing at the University of Hawaii West Oahu (UHWO) property- 

But what is even more interesting, is that the very place the Pueo is seen here in this video- is property zoned for and to serve as a PARK and RIDE for the East Kapolei (Kroc Center) Rail Transit Station and also zoned for Medium Density Apartment District (A-2). 

The Park & Ride lot -and almost 300-acres- including the Medium Density Apartment District, is to be situated on State owned land- property to be leased, and is under jurisdiction and direction of the University of Hawaii Systems; UH Board of Regents.  

This is where the Pueo has been documented by a Certified Ornithologist- Dr. Javier Cotin-  

Dr. Cotin is currently on contract with the State of Hawaii Department of Land and Natural Resources. The Pueo was announced as being observed earlier this month by him --the Certified Ornithologist - on and at, UHWO.

(Dr. Cotin is conducting an Islandwide Survey for the Pueo /Hawaiian Owl; listed as endangered on Oahu by the State of Hawaii.)

PURPOSE OF CONTACTING SENATOR ESPERO:

The Pueo occupies the fallow agricultural lands-  lands that were identified in the FEIS (Final Environmental Impact Statement) as zoned for Medium Density Apartment District (A-2).  The re-zoning process at the 500-acre UHWO site from Agriculture permitted end use, to A-2 classification,  has already been executed by the Office of Environmental and Quality Control and codified when Governor Linda Lingle signed /approving the FEIS. 
The parcel of property designated for the Park & Ride lot- and or zoned A-2, is a fixed condition- and has been zoned out of agricultural use. See the EAST KAPOLEI NEIGHBORHOOD TOD PLAN that reflects where A-2 property is-  zoned end use /permitted uses for the total 500-acre parcel/UHWO.

Therefore, as is illustrated on page 3, of the FEIS letter for UHWO dated January 19, 2007, the activity of farming fallow agricultural lands that are currently zoned for A-2, would be a major change, and accordingly, per the FEIS for UHWO, the Office of Environmental Quality Control (OEQC) should therefore order an amended EIS be executed-  that a supplemental environmental impact statement (SEIS) is warranted for the new end use practice of farming activity on land zoned for Medium Density Apartment end use.  See extrapolation in text from the OEQC, page 3, Item #G here:
Inline image
Senator Espero, my question to you is- can you get an answer to the following three questions for me? They surround the statement in that Item #G illustration-    in that in my opinion, UHWO skirted the law-  that grubbing, grading, tree removal- berm removal- raw land shifting without any cultural monitor on site- was all executed without any permits to my knowledge- and the FEIS stated that the grubbing, grading, tree removal, defoliation process- to develop the area, would be done when the actual development is to occur- as planned- and a cultural monitor required to be on site for such when the development transpires.

"...or if different environmental impacts are anticipated."  

The Certified Ornithologist observing the Pueo is a New Condition--per EIS law and definition- and certainly, a change of impact upon it, the Pueo, and farming end use,  warrants the SEIS be triggered.

Senator, I cannot get any UH Board of Regent (and UHWO) to respond to the inquiries-  and I have exhausted my efforts with OEQC, who too, will not respond.  

So here are the three questions:

1.  Is it permitted, that new farming enterprises and establishments, with major appurtenances added to the property (electricity; piping for water/irrigation; new roads etc., that such farming encroachment activities shall be conducted upon land that is designated and currently zoned for Medium Density Apartment District (A-2) end use -per statute?

2.  Knowing the Pueo are inhabiting the fallow agricultural land, per Dr. Cotin, shouldn't the UH BOR cease and desist the issuing of leases to farmers that are decimating the habitat for the Pueo witnessed on property by the ornithologist?

3.  By allowing farming on new land, and lands that also remained fallow for almost 20 years, isn't the DLNR and OEQC skirting the SEIS law- whereby if the land went from remaining in a fallow-  unchanged condition- per the FEIS, Item G, page 3 (letter dated January 19, 2007), straight to development- Medium Density Apartment District as is planned, any discovery of Pueo in the construction phase for the development- would trigger and require a SEIS- and or HCP be conducted- and or a ITP be advanced.  Does the OEQC and the DLNR condone this bait and switch-  this change in end use land use policy without an SEIS?

Keeping it short the best I can for you.   

See, by allowing farming now- out of the blue- on the property zoned for apartments- skirts the law meant to protect that bird, Senator. 

As you know- farmers and the practice of farming, exempts such from having to initiate, or commence, or advance, in any fashion, a Habitat Conservation Plan (HCP) for the Pueo-  farmers are exempt from this EIS law=   and can run the plow where they, the farmer- where they please- -----and the farmer, are only required by a request, that they avoid the bird if possible....but if they, the farmer do find it, the Pueo in the path of their plow, they, the farmer(s) do not have to do anything- no reporting to any agency etc., to protect the endangered bird.  

This change to the FEIS- to farming activity, where it did not exist for 20 years, is a means to extirpate the Pueo now-  before the real approved developmental plans are executed for the property-

By doing this-  farming this property now- kills the Pueo and its habitat-  prematurely-  for if the property as is currently zoned for development, were actually developed for such, the law would require a HCP or Incidental Take Permit (ITP) be issued when the land is actually being developed when the Pueo is found there-  and thus, it would be required by UHWO and or HART and or UH BOR and or State DLNR, to execute the HCP /ITP on behalf of the Pueo.

Senator, to plow up these fields now is strange- why would a farmer invest hundreds of thousands of dollars to put in the brand new infrastructure of electricity-  water /irrigation, roads, earthen/landscaping removal, post and beam, netting and so on- and defoliate - clear cut the area -destroy and remove protective berms that were ideal Pueo foraging and nesting areas if the farmer is only going to be there for a year or so to farm? 

The land was teaming with wildlife before this new condition- change in plans-  change to the FEIS  - the land that was sitting fallow all those years - and such open space left untouched - brought the Pueo in great numbers to UHWO- many of your own constituents see that bird regularly -

Farming the Pueo habitat now- will get rid of that bird before its legal, rightful time per the FEIS-  and the Pueo lose its protective rights-  lose its right to a HCP-  do you get my point now?

Mahalo for your time- assistance and cooperation to have the Rule of Law be followed.  You do care for that bird, don't you? Then please consider getting the three questions answered-  that would be great. Will you do this?

Tom Berg
685-1932


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