Re: RE: [Non-DoD Source] Re: RE: URGENT: EIS Rules Update - V0.3 Comments Extended to Jan 12, 2018
Tuesday. December 19, 2017
Head Scientist of the US Coast Guard in the Pacific region agrees in email below with Kumu Michael Kumukauoha Le a Native Hawaiian Cultural practitioner the need to revamp the Hawaii State EIS Rules.
Mahalo Nui;
Kumu Michael Kumukauoha Lee
Native Hawaiian Cultural Practitioer
phone: 1-808-683-1954
On Tuesday, December 19, 2017, 2:52:09 PM HST, McGillivary, Philip A CIV <Philip.A.McGillivary@uscg.mil
It is certainly the case that the US Coast Guard does not let ships that are found to leak oil or otherwise be polluting hire the people they want to do a clean up. The Clean up firms must be approved by the CG and their hiring must be approved by the CG to confirm they can actually get the job done.
Good it seems like they are listening a bit to you...
I am on Day 2 of being back in the office after another week of travel. The stress is building as I leave for Christmas Thursday evening...and lots to do. Sigh...
Pmcg CELL 510-469-5056
-----Original Message-----
From: Michael Lee [mailto:keakuaskahu777@yahoo.
Sent: Tuesday, December 19, 2017 4:45 PM
To: Michael Lee; Lucy Young Oda; Ka Leo Editor-in-Chief; editor@bigislandweekly.com; education@hawaiinaturecenter.
Subject: [Non-DoD Source] Re: RE: URGENT: EIS Rules Update - V0.3 Comments Extended to Jan 12, 2018
On Tuesday, December 19, 2017, 2:10:05 PM HST, Michael Lee <keaweaweulaokalani@gmail.com> wrote:
On Mon, Dec 11, 2017 at 10:29 AM, Michael Lee <keakuaskahu777@yahoo.com> wrote:
Monday December 11, 2017
Mahalo for this confirmation reciet.
Kumu Michael Kumukauoha Lee
On Monday, December 11, 2017, 7:23:05 AM HST, HI Office of Environmental Quality Control <HIOfficeofEnvironmentalQ@doh. hawaii.gov
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Aloha Mr. Lee,
Mahalo for your comments. This email is to confirm receipt. I will ensure these are forwarded to the Environmental Council.
Regards,
Scott Glenn
Director
Office of Environmental Quality Control
State of Hawaiʻi
808-586-4185 (office)
From: Michael Lee [mailto:keakuaskahu777@yahoo. com keakuaskahu777@yahoo.
> ]
Sent: Sunday, December 10, 2017 3:16 PM
To: HI Office of Environmental Quality Control <HIOfficeofEnvironmentalQ@doh. hawaii.gov HIOfficeofEnvironmenta
> >
Cc: Michael Lee <keakuaskahu777@yahoo.com>; Kai Markell <kmarkell@hawaii.rr.com>; Donna Wong <htf@lava.net>; Kanani Wond <kapoleinani@gmail.com>; Dean Capelouto <dean@oahuexpress.com>; Dean Capelouto <cappy777@hawaii.rr.com>; Michael Goodrich <hawaiianmike@hotmail.com>; Hawaii's Thousand Friends <htf3000@gmail.com>; Jo-Lin Lenchanko Kalimapau <kalimapau@hotmail.com>; Dr. Kioni Dudley <drkionidudley@hawaii.rr.com>; Catherine Cruz <ccruz@kitv.com>; Evelyn Souza <esouza_khmnb34@yahoo.com>; Mililani Trask <mililani.trask@icllchawaii. com mililani.trask@
> >; Mililani Trask <campaign@trask4oha.com>; Michele Matsuo <michelematsuo@yahoo.com>; Michele Lincoln <lincolnmichele@yahoo.com>; Sen. Mike Gabbard <sengabbard@capitol.hawaii.gov >; Thomas Lenchanko <tlenchanko1@hawaii.rr.com>; Lancelot Haili Lincoln <lancelothlincoln@hotmail.com> ; Ed Wagner <ed.j.wagner@gmail.com>; Poka Laenui <plaenui@hawaiianperspectives. org
Subject: Fw: URGENT: EIS Rules Update - V0.3 Comments Extended to Jan 12, 2018
#######################
TO : Office of Environment and Quality Control /OEQC
TESTIMONY : From Michael Kumukauoha Lee
REGARDING : Hawaiʻi Administrative Rules Chapter 11-200
VERSION : ENVIRONMENTAL IMPACT STATEMENT RULES 0.3
DATE : December 11, 2017
EIS PROTOCOL is inherently flawed on four counts. Methodology to correct these four flaws are identified as:
1. The petitioner seeking a zone change to property before the State Land Use Commission, is permitted to hire the consultant to execute the inventory for the EIS.
This is a conflict of interest.
To resolve this, the EIS rules should mandate an independent party be selected via the State of Hawaii’s procurement law. The OEQC should then award the contract to execute the inventory for threatened and endangered species of flora and fauna on the property under review, to a party that qualifies and satisfies a thorough independent analysis be undertaken.
Justification for this change is, that the consultant hired to execute the inventory for threatened and endangered species is paid a sum by the petitioner to satisfy the petitioner’s wants, needs, and plans. A petitioner suffers great financial loss, when a consultant executing the EIS reports findings of endangered flora or fauna on the property. Hence, the inventory exercise is inherently flawed and or tainted on all fronts, and subject to question for accuracy and accountability.
Furthermore, the consultant hired and paid for by the petitioner, is not required to disclose who performed the inventory, what were the consultant’s qualifications, what time of night and or day the inventory was performed, and on what day(s).
Consultants claim the aforementioned is proprietary and have refused to disclose such and have refused to make their report/findings on such data available to the public.
2. Both DLNR and the USFWS have made public statements that in order to adequately account for the presence of the endangered Pueo (Asio flammeus sandwichensis/short-eared owl), the consultant hired by the petitioner should conduct the observation and inventory exercise for Pueo over a full calendar year in order to coincide with the changing seasons due to the specie rotating plots in conjunction to the changing seasons.
Yet, no such inventory exercise to quantify for the presence of Pueo is repeated, nor mandated by the current EIS rules. A consultant executing the inventory for the presence of Pueo is permitted to search for Pueo on just one day for any calendar year and upon such one attempt, satisfy the OEQC and awarded a FONSI.
To correct this flaw, due to the fact the Pueo is endangered on Oahu, it is imperative that the EIS process install a proper protocol mandating the consultant hired to inventory for Pueo, actually repeat the exercise over a full calendar year.
“Otherwise, one is apt to miss that bird.” Jenny Hoskins, USFWS, August 18, 2016; UHWO.
3. The Hoary Bat is a creature of the dark. The endangered bat is seen after sunset, and before sunrise. Yet, the EIS process has no mandate, no protocol to require the consultant performing the inventory for endangered and threatened species to actually search for the bat during these times of any given day.
To correct this, the EIS rules should incorporate a requisite that the consultant hired to execute the inventory for endangered species “of the night,” that such exercise actually be performed at night in addition to daylight hours. No such requisite exist in any EIS rules/protocol causing directly, the extirpation of the Hoary Bat from any and all regions it may inhabit.
4. There is nothing in the EIS rules, that mandate the consultant hired by the petitioner possesses any skills, or qualifications in which to execute the inventory for endangered and threatened species. As it stands, a petitioner may hire a consultant to execute the inventory process who has absolutely zero background or training or expertise to satisfy the notion that the inventory was thorough and adequate.
To correct this, it should be a requisite that a certified ornithologist perform the inventory exercise for Pueo. Since there are no mandates outlining any qualifications for the party tasked to execute the inventory for endangered and threatened flora and fauna on the property to be rezoned/developed, the EIS inventory is severely flawed.
Note, a certified ornithologist has no training to determine the five species of bees the USFWS has listed as endangered on Oahu.
Hence, EIS rules should incorporate a system of Best Practices that through the procurement process, the consultant awarded the contract to inventory for endangered and threatened species posses a level of expertise to satisfy the OEQC for each specific property under review beyond the current protocol which mandates zero level of expertise be required.
In conclusion, I leave you with two examples of conditions that the OEQC has refused to address.
One, there is video evidence of the Hawaiian Duck, Hawaiian Stilt, Coot, Pueo, and a slew of migratory birds recorded as inhabiting property on the Ewa Plain- and eyewitness accounts of the Hoary Bat as too, inhabiting the Ewa Plain. Yet, upon every EIS executed and reviewed and approved by the OEQC pertaining to developing property on the Ewa Plain, all petitioners have been permitted to hire consultants that have concluded, the aforementioned endangered species do not exist on the property whatsoever. My four points as outlined above for adoption into the EIS Rules, would rectify this oversight and correct the flawed inventory process.
Second, the University of Hawaii West Oahu (UHWO) campus for example, at 500-acres, was determined to posses zero Pueo, and zero Hoary Bats in the EIS/FEIS process. Yet, we know the consultant hired to execute the inventory for both species never searched for Pueo and or Hoary Bat(s) when the species are active; i.e., after sunset, or before sunrise. We also know, that the consultant only searched for endangered birds on one day, for a few hours, and failed to repeat the inventory exercise over a span of seasons.
Please correct these flaws as noted and adopt a protocol that ensures the EIS process is fair to the endangered.
Mahalo,
Michael Kumukauoha Lee
Native Hawaiian Cultural Practitioner
91-1200 Keaunui Drive Unit 614 <https://urldefense.
Ewa Beach Hawaii <https://urldefense.
----- Forwarded Message -----
From: State Office of Environmental Quality Control <oeqchawaii@doh.hawaii.gov>
Sent: Friday, December 8, 2017, 1:04:20 PM HST
Subject: EIS Rules Update - V0.3 Comments Extended to Jan 12, 2018
EIS Rules Update - V0.3 Comments Extended to Jan 12, 2018
Aloha,
Thank you for your interest in the environmental impact statement rules (Hawaiʻi Administrative Rules Chapter 11-200) revision process.
The Environmental Council met on December 5, 2017 to review feedback received on Version 0.3 (CiviComment <https://urldefense.
The Council has extended its comment deadline on Version 0.3 to January 12, 2018 and updated its timeline on how best to proceed to a Version 0.4.
Click here to go to the rules update webpage <https://urldefense.
Mahalo,
Office of Environmental Quality Control
Email oeqchawaii@doh.hawaii.
>
This email was sent to tomberg00@yahoo.com tomberg00@yahoo.com
>
why did I get this? <https://urldefense.
Office of Environmental Quality Control · 235 S. Beretania St. · Suite 702 · Honolulu, Hi 96817 · USA <https://urldefense.
Quickie (generalized) ʻOhana/Human Relationship Fixit Peace Flowchart:
1. Is anyone being abused physically or sexually, or is there a real safety danger of any kind to anyone?
Yes: Donʻt try to fix. Get out and get help. Now.
No: continue.
2. Is this someone you value, or part of your ʻohana or immediate community?
Yes: continue, and make a commitment to making this right - at least on your end. This does NOT mean compromising to anything wrong. It means that you will work toward pono.
No: Really search yourself to be sure this is not just a visceral reaction to conflict you donʻt want to deal with. This is an island, and being "done" with someone is NOT actually that logistically easy, and can cause LOTS of its own problems -- keep that in mind. But if the answer is still honestly "no", give aloha and move on. Need another flow chart for relationships that are "done" but will keep interacting. This one stops here.
3. Is power balanced?
Yes: continue.
No: Balance it or address the imbalance directly (yeah this needs its own chart too).
4. Will time (without intervention) help the situation to get better? Does the situation require time to cool off before trying to make anything better?
Yes: Give time for healing and settling of agitated emotional debris. Let everyone else know this is what you are doing (VERY important). Ask everyone to please refrain from involvement until such time as you are ready to continue. When the situation is ready, continue.
No: Continue immediately. Donʻt wait.
4. Are there kupuna or mutual friends/ʻohana who can help (and not make things worse)?
Yes: enlist help for PEACE. Be sure this is done in such a way that you donʻt come across as enlisting support for one side vs the other. Sometimes standby status is the best help.
No: Keep a continual eye out for potential support and continue. Good third parties really do help, and they are sometimes found in unexpected places.
5. Are you yourself traumatized or upset to the point where you in full honesty cannot control your own reactions, give uncontaminated aloha, and/or be pono?
Yes: Give yourself time to heal. Let everyone affected know you are doing so, and that you will work toward healing when the time is pono. Call for the space and time that you need. Get help for your own healing as needed too.
No: Just in case, it is a good idea to check in with someone pono who will give you a good, real outside opinion on this -- whether or not it is what you want to hear. Maybe a few someones. But if you're good, Youʻre good. Continue.
5. Is the other person traumatized or upset to the point where they in full honesty cannot control their reactions, give uncontaminated aloha, and/or be pono?
Yes: Give them time to heal. Let everyone affected know you are doing so, and that you are working toward healing when the time is right.
No: Ascertain that this is true. Yes? Great. Continue.
6. Use tools:
- Creative Diplomacy
- Kūkākūkā
- Kupuna advice/intervention, or other cultural support
- Food (overlaps with creative diplomacy)
- Etc.
7. Don't give up. Relationships may not heal any given way that any one person wants them to heal, and they do take time, but they do heal to pono when real effort is made toward healing and they are not broken by new trauma. We live on an island and our ancestors created hoʻoponopono for a reason.
Of course, this is a Hawaiʻi approach. Adaptations might be needed for other places and cultures. And this is about human relationships in general, not any specific type of relationship. There is no magic formula that will make a partner return after a breakup. But there is a magic formula for pono, and it is usually very simple.
#peacecookie
1. Is anyone being abused physically or sexually, or is there a real safety danger of any kind to anyone?
Yes: Donʻt try to fix. Get out and get help. Now.
No: continue.
2. Is this someone you value, or part of your ʻohana or immediate community?
Yes: continue, and make a commitment to making this right - at least on your end. This does NOT mean compromising to anything wrong. It means that you will work toward pono.
No: Really search yourself to be sure this is not just a visceral reaction to conflict you donʻt want to deal with. This is an island, and being "done" with someone is NOT actually that logistically easy, and can cause LOTS of its own problems -- keep that in mind. But if the answer is still honestly "no", give aloha and move on. Need another flow chart for relationships that are "done" but will keep interacting. This one stops here.
3. Is power balanced?
Yes: continue.
No: Balance it or address the imbalance directly (yeah this needs its own chart too).
4. Will time (without intervention) help the situation to get better? Does the situation require time to cool off before trying to make anything better?
Yes: Give time for healing and settling of agitated emotional debris. Let everyone else know this is what you are doing (VERY important). Ask everyone to please refrain from involvement until such time as you are ready to continue. When the situation is ready, continue.
No: Continue immediately. Donʻt wait.
4. Are there kupuna or mutual friends/ʻohana who can help (and not make things worse)?
Yes: enlist help for PEACE. Be sure this is done in such a way that you donʻt come across as enlisting support for one side vs the other. Sometimes standby status is the best help.
No: Keep a continual eye out for potential support and continue. Good third parties really do help, and they are sometimes found in unexpected places.
5. Are you yourself traumatized or upset to the point where you in full honesty cannot control your own reactions, give uncontaminated aloha, and/or be pono?
Yes: Give yourself time to heal. Let everyone affected know you are doing so, and that you will work toward healing when the time is pono. Call for the space and time that you need. Get help for your own healing as needed too.
No: Just in case, it is a good idea to check in with someone pono who will give you a good, real outside opinion on this -- whether or not it is what you want to hear. Maybe a few someones. But if you're good, Youʻre good. Continue.
5. Is the other person traumatized or upset to the point where they in full honesty cannot control their reactions, give uncontaminated aloha, and/or be pono?
Yes: Give them time to heal. Let everyone affected know you are doing so, and that you are working toward healing when the time is right.
No: Ascertain that this is true. Yes? Great. Continue.
6. Use tools:
- Creative Diplomacy
- Kūkākūkā
- Kupuna advice/intervention, or other cultural support
- Food (overlaps with creative diplomacy)
- Etc.
7. Don't give up. Relationships may not heal any given way that any one person wants them to heal, and they do take time, but they do heal to pono when real effort is made toward healing and they are not broken by new trauma. We live on an island and our ancestors created hoʻoponopono for a reason.
Of course, this is a Hawaiʻi approach. Adaptations might be needed for other places and cultures. And this is about human relationships in general, not any specific type of relationship. There is no magic formula that will make a partner return after a breakup. But there is a magic formula for pono, and it is usually very simple.
#peacecookie
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