�ʹ�����app����

NEWS

• News Release: The Service Seeks Public Comment on a Draft Environmental Impact State for the �����ܲ�ʻ�� Island Utility Cooperative Habitat Conservation Plan
• Notice of Intent to Prepare an Environmental Impact Statement for �����ܲ�ʻ�� Island Utility Cooperative Habitat Conservation Plan
• Public Comments
• FAQS

BACKGROUND

The Service received an Incidental Take Permit application and supporting Habitat Conservation Plan (HCP) from the �����ܲ�ʻ�� Island Utility Cooperative (KIUC) requesting take of nine endangered or threatened species on �����ܲ�ʻ�� in accordance with Section 10(a)(2)(A) of the Endangered Species Act (ESA). The nine species include the endangered ‘uaʻu (Hawaiian petrel, Pterodroma sandwichensis), Hawai‘i Distinct Population Segment of theʻakēʻakē (band-rumped storm-petrel, Hydrobates castro), koloa maoli (Hawaiian duck, Anas wyvilliana), aeʻo (Hawaiian stilt, Himantopus mexicanusknudseni), ʻalae keʻokeʻo (Hawaiian coot, Fulica alai), ʻalae ʻula (Hawaiian common gallinule, Gallinula galeatasandvicensis) and the threatened ʻaʻo (Newell’s shearwater, Puffinus newelli), nēnē (Hawaiian goose, Branta sandvicensis), and the Central North Pacific Distinct Population Segment of honu (green sea turtle, Chelonia mydas). Covered activities include the operation, including modification, of existing and future powerlines and lighting activities, and implementation of a conservation strategy on the island of �����ܲ�ʻ��. 

PROPOSED ACTION

Under the ESA, once the Service determines that an ITP application is complete, the Service may implement one of the following options: issue an ITP conditioned on implementation of the HCP; issue an ITP conditioned on implementation of the HCP as modified or supplemented by specified terms and conditions; or deny the ITP application. If the Service finds that all requirements for issuance of the ITP are met, it will issue the requested permit, subject to terms and conditions deemed necessary or appropriate to carry out the purposes of ESA section 10.

COVERED SPECIES

Image Details

NOTICE OF INTENT

In anticipation of the HCP, the Service published a Notice of Intent for the draft Environmental Impact Statement in 2022. The State of Hawai’i Department of Land and Natural Resources simultaneously published an Environmental Impact Statement Preparation Notice under the Hawaiʻi Environmental Policy Act in response to an application of an Incidental Take License. 

PUBLIC COMMENTS

The HCP and EIS will be available for a 60-day public comment period, from August 22 to October 22. An electronic copy of the draft EIS is available at: Click Here 

The Service will hold a public scoping meeting on:

• Tuesday, September 16, 2025, from 5:00 p.m. to 7:30 p.m.
• �����ܲ�ʻ�� Philippine Cultural Center
  4475f Nuhou St.
  Lihue, HI 96766

To submit written comments, please use one of the following methods.

• You may submit written comments through our website:
  • ; Follow the instructions for submitting comments on .
• You may submit written comments through the mail:
  • Public Comments Processing; Attn: Docket No. FWSCOM001423; U.S. Fish and Wildlife Service Headquarters, MS: PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041-3803. 

For further information contact: Koa Matsuoka, Pacific Islands Fish and Wildlife Office, at (808) 210-6295 or by email at [email protected].

In order to be considered, comments must be received on or before October 22, 2025. All comments and materials received will become part of the public record associated with this action. The Service will accept comments received or postmarked on or before October 22, 2025

FAQS

Q: What are the “Covered Activities��?

A: The proposed covered activities include:

• Operation of existing powerlines, including modifications and existing lighting. Powerlines include transmission, distribution and communication wires, and supporting structures such as poles, towers, lattice structures and H-frames. Lighting includes streetlights and exterior building lights at two KIUC facilities (Port Allen Generating Station and the Kapaia Generating Station).
• Operation of future powerlines and lighting.
• Implementation of measures associated with KIUC’s conservation strategy that will have positive effects on the covered species (e.g. installation and maintenance of predator proof fences andpredator removal activities).

Q: What species are included as “Covered Species��?

A: In accordance with Section 10(a)(2)(A) of the ESA, KIUC submitted the draft Kaua‘i Island Utility Cooperative Habitat Conservation Plan (KIUC HCP) in support of its request for an incidental take permit (ITP) for six federally endangered species. These species include the ‘uaʻu (Hawaiian petrel, Pterodroma sandwichensis), Hawai‘i Distinct Population Segment of theʻakēʻakē (band-rumped storm-petrel, Hydrobates castro), koloa maoli (Hawaiian duck, Anas wyvilliana), aeʻo (Hawaiian stilt, Himantopus mexicanus knudseni), ʻalae keʻokeʻo (Hawaiian coot, Fulica alai), ʻalae ʻula (Hawaiian common gallinule, Gallinula galeata sandvicensis) and the threatened ʻaʻo (Newell’s shearwater, Puffinus newelli), nēnē (Hawaiian goose, Branta sandvicensis), and the Central North Pacific Distinct Population Segment of honu (green sea turtle, Chelonia mydas).

Q: What is Section 10(a)(2)(A) of the ESA?

A: Section 10(a)(2)(A) of the ESA outlines the requirements for issuing incidental take permits, which allow lawful activities that would otherwise violate the ESA to proceed when they result in incidental take (harm or mortality) of listed species. This section mandates that applicants for such permits must submit a conservation plan detailing the project, potential impacts from incidental take, steps for minimizing and mitigating those impacts, funding for implementation, and considered alternatives to the taking.

Q: What other environmental compliance may be required in addition to ? 

A: Other environmental compliance needed by KIUC includes:

• Hawai‘i Environmental Policy Act
• Hawai‘i Revised Statutes chapter 195D (State of Hawai‘i endangered species laws)
   

A: Other environmental compliance needed by the Service includes:

• ESA Intra-Service Section 7 Section 7
  Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.
  
  Learn more about Section 7 consultation
• National Historic Preservation Act
• Migratory Bird Treaty Act
• Other State and local permits and authorizations

Q: What is the purpose of an Environmental Impact Statement (EIS)?

A: An EISserves as a comprehensive document that evaluates the potential environmental effects of a proposed project or action. Its primary purpose is to inform decision-makers, stakeholders, and the public about the environmental consequences of a proposed action before it is undertaken. The EIS systematically assesses various aspects of the environment—such as air and water quality, wildlife, ecosystems, and human health—by considering direct, indirect, and reasonably foreseeable impacts. 

Q: Will the KIUC HCP and ITP allow for high schools to hold nighttime football games?

A: The County of Kauaʻi, not KIUC, manages the facilities that provide nighttime lighting for high school football games on �����ܲ�ʻ��. The Kauaʻi Seabird HCP (KSHCP), a separate HCP, provides take coverage for the County of �����ܲ�ʻ�� lighting infrastructure which includes stadium lights for high school football games. Approval of the KIUC HCP is independent of the KSHCP and will not influence nighttime football games. 

Q: What actions could the Service take if KIUC exceed their permitted take? 

A: Pre-emptive measures would take place prior to KIUC getting close to exceeding their permitted take limit. Under the HCP, KIUC is required to submit annual reports, which includes an estimated amount of take for the year and the cumulative amount, to the agencies (USFWS & DOFAW) to ensure compliance with the conditions of the ITP and HCP. In addition, the HCP contains an adaptive management program to ensure its biological goals and objectives are met and prevent permitted take from being exceeded. The HCP identifies criteria (e.g., specified reproductive success rate) to be met at specified times during the permit term. If a criteria is not met, adjustments will be made (e.g., increase predator control efforts) in order to meet the criteria.

Q: What are the actions included in the HCP to offset the impact of the taking?

A: From 2020 to 2024, KIUC implemented measures to minimize powerline collisions to the covered seabirds and waterbirds and anticipates that it reduced powerline collisions by 66.4 percent. In addition, KIUC will enhance and manage 12 conservation sites for the HCP. Predator control measures would be implemented at all conservation sites to establish predator-free breeding habitat for covered seabirds. Four predator exclusion fences that are impenetrable to most introduced terrestrial predators including feral cats, rats, pigs and goats would be implemented within four of the twelve conservation sites. Additionally, predator trapping grids have been implemented in areas of the conservation sites not protected by predator exclusion fences. KIUC will also implement barn owl and feral bee control throughout the mitigation sites. KIUC will maintain predator exclusion fences at Pōhākea Predator Fence (PF), Honopū PF, Upper Limahuli Preserve PF, and the Upper Mānoa Valley PF. Social attraction techniques would be implemented within the predator exclusion fences to expand existing colonies and establish new colonies at conservation sites within suitable breeding habitat. Invasive plant species management will occur within the Upper Limahuli Preserve and the four predator exclusion fence sites. Additionally, KIUC will contribute $300k per year to the Save Our Shearwaters program for the rehabilitation of covered seabirds and waterbirds that become injured under the covered activities as outlined in the HCP. 

Q: What is the permitted take over the course of 50-year permit term?

A: For covered seabirds, the take request over the 50-year permit term is:

• 329,765 individuals for ʻaʻo (Newell’s shearwater)
• 123,967 individuals for ʻuaʻu (Hawaiian petrel)
• 71 individuals for ʻakēʻakē (Band-rumped storm petrel)

For covered waterbirds, take request includes: 

• 53 individuals for aeʻo (Hawaiian stilt)
• 490 individuals for koloa maoli (Hawaiian duck)
• 107 individuals for Hawaiian coot (ʻalae keʻokeʻo)
• 107 individuals ʻalaeʻula (Hawaiian gallinule)
• 1,236 individuals for nēnē (Hawaiian goose) 

For the honu (Hawaiian green sea turtle), the take request is 50 nests over the 50 year permit term.   

Q: Will this HCP affect my electric bill?

A: KIUC is a not-for-profit electric utility regulated by the State of Hawaiʻi Public Utilities Commission (PUC). The Commission’s primary duty is to protect the public interest by overseeing and regulating public utilities to ensure that they provide reliable service at reasonable rates. Costs associated with HCP activities are considered operational costs of the cooperative, which are passed on to ratepayers. KIUC’s HCP was submitted to the PUC for review with a request to approve funding of the HCP as a rate-based cost of operating KIUC’s facilities. The minimum monthly charge had remained the same since May 26, 2010. However, on October 17, 2022, KIUC filed Docket No. 2022-0208 with the Hawai‘i PUC to increase rates due to inflationary pressures, increased expenses for the HCP, and the need to recover costs related to the COVID-19 pandemic.

In November 2023, the Hawai‘i PUC issued an interim decision that granted KIUC the ability to raise rates by 7.95 percent. The rate increase provides for complete recovery of $4.91 million in test-year operating costs related to HCP activities and depreciation and related debt service on $14.15 million in HCP-related capital projects completed to date. The interim rate increase remains in effect until the Hawai‘i PUC makes a final decision. Upon final approval by Hawai‘i PUC, the rate increase becomes permanent and applies to all future years until KIUC requests another rate change.   

KIUC does not anticipate that the PUC will deny any future request for a rate increase associated with the HCP because the HCP and its permit/license will continue to be an obligatory operational cost necessary for KIUC to provide reliable service to its customers. KIUC has received approval for recovery of HCP costs in both rate filings made since becoming a cooperative. Should future costs exceed current spending capacity or deteriorate KIUC’s margins to an unacceptably low level, KIUC would apply to the Hawai‘i PUC to request a future utility rate increase.

Q: Why are lights a problem for seabirds and sea turtles?

A: �����ܲ�ʻ��’s threatened and endangered seabirds are nocturnal species active at night. These seabirds rely on the moon and other environmental cues to navigate and as they forage for food at night. Upward projecting lights interfere with the species�� ability to navigate to and from their breeding sites in the interior parts of �����ܲ�ʻ��. These seabirds, primarily fledglings on their first flight from their burrow to the ocean, get disoriented by bright nighttime lighting and will circle light sources until they become exhausted and fall to the ground, which is known as “fallout." This is where these seabirds are vulnerable to being killed by feral cats, dogs, or vehicles. Once a seabird falls to the ground, they are not always able to regain flight unless they have access to an area with sufficient take-off conditions (e.g., wind, elevation drop or running space) to allow enough air to move under their wing to provide lift. Alternatively, the seabird may also be exhausted from circling lights that it falls to the ground and seeks refuge in nearby vegetation or artificial structures. 

Honu are active at night and  use natural nighttime lighting such as the moon and starts to navigate. Therefore, when artificial light is visible from honu nests, hatchlings emerging from their nest can become disoriented and end up in harm’s way on roadways, parking lots and other areas where they are likely to be run over by vehicles, lead to their exhaustion or dehydration, or increase the risk of predation.