HOUSE OF REPRESENTATIVES

H.R. NO.

73

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 2

STATE OF HAWAII

 

 

 

 

 


HOUSE RESOLUTION

 

 

REQUESTING THE UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE TO WORK WITH AFFECTED PERSONS AND COUNTIES IN ESTABLISHING CRITICAL HABITAT DESIGNATIONS FOR ENDANGERED SPECIES IN THE STATE.

 

 

 


     WHEREAS, the United States Fish and Wildlife Service has recently proposed to designate 271,062 acres in Maui County as critical habitat for endangered species, which is more than double the amount of critical habitat already designated on the islands of Maui, Molokai, Lanai, and Kahoolawe; and

 

     WHEREAS, on Maui, more than 190,000 acres are proposed for Critical Habitat Designation, which is equivalent to about 41 percent of the total land area of Maui; and

 

     WHEREAS, the proposed Critical Habitat Designation has the potential to adversely affect landowners and hurt the relationship between the county and the federal government; and

 

     WHEREAS, some of the proposed areas for Critical Habitat Designation are state-owned parcels that may be leased to farmers and ranchers, and some are within irrigation water lease areas, raising the concern about diminished availability of irrigation water, which is especially important in this time of severe drought; and

 

     WHEREAS, the economic impact to Maui County may have been greatly underestimated by federal officials; and

 

     WHEREAS, even though significant portions of many Maui County farms and ranches are being proposed for designation, many of these farmers and ranchers were not adequately notified of the proposed designation by the United States Fish and Wildlife Service; and
     WHEREAS, the process for Critical Habitat Designation under the federal National Environmental Protection Act does not require the conduct of an environmental assessment or environmental impact statement equivalent to that which is required in similar actions pursuant to Hawaii state law and, therefore, the United States Fish and Wildlife Service did not conduct such an assessment or file such a statement; and

 

     WHEREAS, in determining which properties are proposed for Critical Habitat Designation, the United States Fish and Wildlife Service has acknowledged that it did not make specific determinations as to whether endangered species are located on the properties or whether the properties have the biological elements necessary to support endangered species; and

 

     WHEREAS, any conservation actions in this State should be implemented in a way that does not impede local food production; and

 

     WHEREAS, farmers, ranchers, hunters, and others who may be affected by Critical Habitat Designation are not opposed to designating critical habitat for endangered species in appropriate areas such as public lands that are set aside to provide for preservation or rehabilitation, or private lands where the landowner voluntarily agrees to the designation; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, that the United States Department of the Interior Fish and Wildlife Service is requested to work with affected persons and counties in establishing Critical Habitat Designations for endangered species in the State; and

 

     BE IT FURTHER RESOLVED that as part of its collaboration with affected persons and counties, the Department of the Interior Fish and Wildlife Service is requested to perform an environmental assessment of its proposed Critical Habitat Designation and, if the assessment reveals issues that merit further investigation, prepare an environmental impact statement; and
     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the members of Hawaii's Congressional Delegation; Secretary of the United States Department of the Interior; Governor; Mayor of the County of Maui; Mayor of the City and County of Honolulu; Mayor of the County of Hawaii; Mayor of the County of Kauai; Chairperson of the Board of Land and Natural Resources; and Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.

Report Title:

Critical Habitat Designation; United States Department of the Interior; Fish and Wildlife Service; County of Maui