Mink to fight habitat plans in Congress

By Jan TenBruggencate
Advertiser Kaua'i Bureau

LIHU'E, Kaua'i — U.S. Rep. Patsy Mink said yesterday she is "deeply concerned" by the breadth of proposed critical habitat designations for endangered species and will introduce legislation in Congress to block their enactment.

Mink said she will seek a moratorium to prevent the U.S. Fish and Wildlife Service from establishing its proposed habitat designations of more than 270,000 acres statewide, with more to come.

Critical habitat is the land on which an endangered species exists, plus the area required to restore the species to the point where it can be removed from the endangered species list. Mink, who met on the issue with Kaua'i County Council Chairman Ron Kouchi, said Congress never anticipated that critical habitats would cover such vast areas of land.

Earthjustice Legal Defense Fund lawyer David Henkin backed the critical habitat designations, saying they are based on the best scientific evidence available and are "essential for the long-term survival of these species."

The Fish and Wildlife Service is under a federal court order to complete habitat designations for hundreds of species of endangered Hawai'i plants and animals, as required by the Endangered Species Act.

The designations would require consultation with the Fish and Wildlife Service for any project within critical habitat that involves any federal agency, federal money or federal permits.

"There are so many ways in which the federal government impacts the community" that activities on the lands would certainly be impaired, she said.

The first proposed designation is for 99,000 acres on Kaua'i and Ni'ihau, roughly one-quarter of the entire county's land area. It has raised criticism from state wildlife officials, hunters and landowners, many of whom fear loss of the use of the land for hunting, gathering and other purposes. The Maui proposal covers 126,531 acres, and the plan for Moloka'i involves 43,532 acres, with plans yet to be announced for O'ahu and the Big Island.

"We can see a train wreck coming, and everybody can see it except the Fish and Wildlife Service," Kouchi said.

Mink said she would not support amendments to the Endangered Species Act, but "we may need to tighten up the requirements for critical habitat."