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Request for Approval of the Final Environmental Assessment for the Kauai Seabird Habitat Conservation Plan

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Request for Approval of the Final Environmental Assessment for the Kauai Seabird Habitat Conservation Plan State of Hawai ‘ i DEPARTMENT OF LAND AND NATURAL RESOURCES Division of Forestry and Wildlife Honolulu, Hawaii 96813 June 12, 2020 Chairperson and Members Board of Land and Natural Resources State of Hawai’i Honolulu, Hawai’i SUBJECT: REQUEST FOR APPROVAL OF THE FINAL ENVIRONMENTAL ASSESSMENT FOR THE KAUAI SEABIRD HABITAT CONSERVATION PLAN AND REQUEST AUTHORIZATION FOR THE CHAIRPERSON TO ISSUE A FINDING OF NO SIGNIFICANT IMPACT (FONSI) BACKGROUND: The proposed action is for the implementation of the Kauai Seabird Habitat Conservation Plan (KSHCP)’, which will enable qualifying Applicants to request Incidental Take Licenses (ITLs) for the placement and operation of a range of artificial, nighttime lighting on Kaua’i. Each ITL issued by State of Hawai’i Department of Land and Natural Resources would authorize incidental taking of threatened and endangered seabirds, including the threatened Newell’s shearwater (Puffinus auricularis newelli, Hawaiian name: ‘a’ o), the endangered Hawaiian petrel (Pterodroma sandwichensis, Hawaiian name: ‘ua’u), and the endangered Hawai’i distinct population segment (DPS) of the band-rumped storm-petrel (Oceanodroma castro, Hawaiian name: ‘ake’akë) (collectively referred to as the Covered Species). The area addressed under the KSHCP includes any location on the island of Kaua’ i where light structures may attract seabirds, and State Lands where the proposed mitigation preserve will be implemented. The ITLs may cover all types of artificial lighting, including land-based lights at parks, retail stores, resorts, condominium complexes, agribusiness and industrial facilities, as well as lighting on ocean-going vessels such as cruise ships. Artificial lighting includes the placement and operation of current light structures, as well as the placement and operation of new or future lights that have similar effects. Mitigation areas include a 2-hectare (ha) seabird preserve to be established in Köke’e State Park along the Kalalau rim, and disbursed areas where downed seabirds are recovered, evaluated, rehabilitated and released to sea. The duration ‘The KSHCP can be found here: https://dlnr.hawaii.gov/wildlifelhcp/clraft-hcps/ ITEM C-2 of each ITL would be 30 years. The Proposed Action is the preferred alternative because it provides the greatest net conservation benefit for the Covered Species. Note that the Final Environmental Assessment incorporates an update to the amount of take requested by the eight Applicants, based on corrections to their take calculations in their Participant Inclusion Plans (PIPs). The corrected level of take for these eight applicants (KSHCP tables 4.2,4.3,4.4) remains less than the maximum described for the KSHCP. DLNR anticipates that implementation of the KSHCP will result in net conservation benefits that will contribute toward the recovery of the Covered Species. The KSHCP will offset the impacts of the taking of Newell’s shearwater anticipated to occur on Kaua’i through establishment and management of the Kahuama’a Seabird Preserve (Preserve), also on Kaua’i. The 2-ha Preserve will be enclosed by a predator proof fence, protected from terrestrial predators, and restored to create native plant dominated nesting habitat. It is located at a similar elevation to occupied Newell’s shearwater nesting colonies already established in that region of the island, and would benefit multiple generations of Newell’s shearwater. LEGAL REFERENCE Chapter 343, Hawaii Revised Statutes, and Section 11-200-12, Hawaii Administrative Rules. LOCATION(S) The proposed Seabird Preserve comprises about 5 acres along the Na Pali Coast at about 4,000 feet above sea level. The site occupies a portion of an area known as “Kahuama’a Flat,” on Conservation District land owned by the State of Hawai’i and managed by DLNR Division of State Parks (por. 5-9-001:016 (Köke’e State Park (Resource subzone)) and por. 5-9-001:001 (Napali Coast State Wilderness Park (Protective subzone))). Additional locations include areas where facilities and/or infrastructure is located that are owned or operated by the participants of the Kauai Seabird Habitat Conservation Plan. PUBLIC INVOLVEMENT: A 30-day public review period of the Draft Environmental Assessment (DEA) and Anticipated Finding ofNo Significant Impact was initiated with publication in April 8, 2020 edition of The Environmental Notice, the bi-monthly bulletin of the Hawaii Department of Health, Office of Environmental Quality Control. The Draft EA and AFONSI were available at: http://oegc2.doh.hawaii.gov/Doc Library/2020-04-08-KA-DEA-Implementing-the-Kauai- Seabird-HCP.pdf An e-mail address was provided in the notice for comments. The two responses were received, from Earth Justice and State Department of Health, and are appended to the FEA. The FEA can be found here: https://dlnr.hawaii.gov/wildlife/hcp/draft-hcps/ DETERMiNATION Hawai’i Administrative Rule §11-200-11.2 establishes procedures for determining if an environmental impact statement (EIS) should be prepared or if a Finding of No Significant Impact (FONSI) is warranted. In determining whether the proposed action will have a significant impact on the environment, DLNR considers the phases of the proposed action, the expected consequences, and the cumulative as well as the short and long-term effects of the action, specifically considering the following 13 significance criteria, as provided in HAR § 11-200-12. The potential effects of the proposed project described throughout this document were evaluated using these significance criteria. The findings with respect to each criterion are summarized below: 1. Involves an irrevocable commitment to loss or destruction ofany natural or cultural resource. Implementation of the KSHCP does not involve an irrevocable commitment to loss or destruction of any natural or cultural resources. Instead, the KSHCP provides a mechanism to permit unavoidable incidental take associated with the lawful use of existing nighttime lighting. Nighttime lighting is an essential activity in many homes, businesses, and industry centers, and the KSHCP is an umbrella habitat conservation plan developed to ensure that entities that have the potential for causing unavoidable injury or harm to Kauai’s seabirds minimize that harm and mitigate for any harm that cannot be avoided. Maintaining and potentially increasing the overall populations of the Covered Species is the goal of the KSHCP. 2. Curtails the range ofbeneficial uses of the environment. Implementation of the KSHCP is not anticipated to curtail the range of beneficial uses of the environment. The KSHCP outlines measures to minimize the effects of artificial lighting and proposes the creation and maintenance of the Kahuama’a Seabird Preserve and barn and feral cat control around Kalalau Valley to mitigate for unavoidable take. The KSHCP will enable the continuation of existing nighttime opportunities that require artificial lighting. 3. Conflicts with the State’s long-term environmental policies or goals and guidelines as expressed in Chapter 344, HRS, and any revisions thereofand amendments thereto, court decisions, or executive orders. The KSHCP is consistent with the environmental policies and guidelines established in HRS Chapter 344 and contributes to the conservation of threatened and endangered species, pursuant to HRS Chapter 195D. HRS § 344-3 provides that it shall be the policy of the State to “conserve the natural resources, so that land, water, mineral, visual, air and other natural resources are protected by controlling pollution, by preserving or augmenting natural resources, and by safeguarding the State’s unique natural environmental characteristics in a manner which will foster and promote the general welfare, create and maintain conditions under which humanity and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of the people of Hawai’i”. HRS § 344-4(3)(A) further provides that all agencies shall consider the following guidelines: “protect endangered species of indigenous plants and animals.” The KSHCP provides a mechanism to permit unavoidable incidental take associated with the lawful use of existing nighttime lighting. Nighttime lighting is an essential activity in many homes, businesses, and industry centers, and the KSHCP is an umbrella habitat conservation plan developed to ensure that entities that have the potential for causing unavoidable injury or harm to Kauai’s seabirds minimize that harm and mitigate for any harm that cannot be avoided. Maintaining and potentially increasing the overall populations of the Covered Species is the goal of the KSHCP. 4. Substantially affects the economic welfare, social welfare, or cultural practices of the community or State. The KSHCP provides a mechanism to permit unavoidable incidental take associated with the lawful use of existing nighttime lighting. Nighttime lighting is an essential activity in many homes, businesses, and industry centers, and the KSHCP is an umbrella habitat conservation plan developed to ensure that entities that have the potential for causing unavoidable injury or harm to Kauai’ s seabirds minimize that harm and mitigate for any harm that cannot be avoided. Maintaining and potentially increasing the overall populations of the Covered Species, native seabirds with cultural significance, is the goal of the KSHCP. Implementation of the KSHCP is not anticipated to negatively affect the economic welfare, social welfare or cultural practices of the community or State. While the economic and social
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