Bill would undo years
of environmental workMeasure could be devastating
to Hawaii's endangered species
found on private lands
Editor's note: This commentary was written
in response to a View Point column by Keith F. Unger,
published in the Star-Bulletin June 27 under the
headline, "Let's call a truce in war over endangered
species." Unger is the manager of McCandless Ranch
in Honaunau, Hawaii.Some large landowners, including McCandless Ranch on the Big Island, support House Bill 1292, which amends the state endangered species law, because the bill accommodates economic interests. Environmentalists oppose the bill because it does not provide for adequate public disclosure and enforcement.
The bill allows private landowners to "incidentally take" (i.e. kill or harm) endangered species on private land in exchange for implementing "habitat conservation plans."
It also allows the state Department of Land and Natural Resources to enter into "safe harbor" agreements so that landowners would not be held liable for killing endangered species above a baseline number.
The bill provides for a "no-surprises" policy, in which long-term habitat conservation plans are set in stone, except in extraordinary situations.
While these provisions have the potential to benefit endangered species, they may instead reverse years of species recovery efforts, depending on how the law is implemented.
Agency funding for native wildlife always has been tight for Hawaii, where nearly half the nation's endangered plants are found, dozens of birds are extinct and political considerations continue to degrade the land.
Citizens throughout the country, Congress and government agencies support the citizens' right to enforce environmental laws. The U.S. Fish and Wildlife Service in Hawaii testified that the citizens' right to enforce the endangered species law is "manageable and appropriate."
The absence of a citizen suit provision in House Bill 1292 and in the existing state endangered species law is a major defect requiring amendment.
According to Unger, if environmental organizations do not get their way, they sue, suggesting that the courts care nothing about the law and are merely interested in accommodating our wishes, or that our lawsuits are frivolous.
Neither is true. Only after all else fails do we use litigation to enforce the law. Under the federal Endangered Species Act, we have filed only one lawsuit against a private landowner in Hawaii over endangered species and, as a result, a native koa forest providing habitat for five endangered forest birds (the alala, akiapolaau, akepa, creeper and io) and a dozen endangered plants were spared from logging.
Unger claims that environmentalists who do not support his position are "intellectual experts" who "sit on the sidelines" and dictate policy to those working the land.
Nothing could be farther from the truth. Many of our members and supporters are the experts -- in the field, nature preserves, botanical gardens, zoos, museums, at the university and in the policy arena.
Environmentalists are on the ground "getting their hands dirty." We monitor water quality, clean streams and beaches, plant trees in national wildlife refuges, control weeds in natural area reserves, restore bird habitat, kill rats and mongooses in wildlife sanctuaries, construct fences and build public trails.
We also testify, serve on task forces at the government's request without compensation, support research and environmental education with grants, speak in schools and provide information on endangered species free of charge.
Acting on behalf of Hawaiian plants, animals, and their habitat -- and the many people who enjoy them -- is not self-serving. We support situations in which both private landowners' interests and the environment benefit, and we support the concept of incidental take and additional changes to state law.
We agree that fostering trust, respect and cooperation are necessary to recover the public heritage of endangered species. Private landowners must recognize that endangered plants and animals belong to everyone.
If landowners and government agencies are sincere about saving species on private land, they have nothing to fear from early public involvement and should stand by citizen enforcement of the law when necessary.
Steven Lee Montgomery is an officer of the Conservation Council for Hawaii, Linda Paul is president of the Hawaii Audubon Society and Marjorie Ziegler is a resource analyst with the Earthjustice Legal Defense Fund (formerly the Sierra Club Legal Defense Fund). The opinions in View Point columns are the authors' and are not necessarily shared by the Star-Bulletin.