Illegal road on Wetlands

SOURCE: Michael Sheehan (
SUBHEAD: Road being built on Hanalei Wetland critical bird habitat in violation of Endangered Species Act.

By Terry Lilely on 13 March 2012 from forwarded email - 
(From to

[IB Editor's note: The following are a few emails on a possible serious violation of the federal Endangered Species Act in the wetlands of Hanalei Valley, near the mouth of the Hanalei River. Photos are from Terry Lilley email.]

Image above: Photos of backhoe equipment on site constructing road. Photo by Terry Lilley.

To: Don Palwaski US Fish & Wildlife Service Date: 3/13/2012 8:17:33 P.M.

Was out with my new high powered lens today and noticed a brand new road being built right through critical habitat for five endangered species on the Princeville side of the Hanalei River! Since you are in charge of the wildlife refuge in the area, I suspect that you know of this ongoing daily road building as it would be easy to see from a NOAA satellite.

The guys are virtually digging a road right over the critically endangered Koloa Ducks that I observed within 30 feet of the project! Running them over with a big piece of equipment! I think there are only a few hundred of these birds left in the world so maybe it would be a good idea to protect them. I have learned the hard way that the Endangered Species Act is simply not observed as a law in Kauai. Stupid me. I came from California where this law is important so I thought since Kauai was in the USA the law would apply here.

OK I was wrong!

I will admit my ignorance! Is there any other laws that would stop the destruction of a wetland that is critical habitat from being destroyed? Can we use some kind of state law or county law to protect the last few remaining Koloa Ducks? I just would like to see these birds around for a few more years. I know you ignore most of my emails, pics and videos but i thought I would try once again to report the many abuses to our native wildlife in some kind of hope that someone will listen.

Aloha, Terry Lilley Marine Biologist Hanalei HI

Image above: Photos of road being constructed across Hanalei Valley wetland. Photo by Terry Lilley.

To: Loyal Mehrfoff, Jeff Newman, George Phocas US Fish and Wildlife Service Date: Wed, Mar 14, 2012 at 9:32 AM

 Gentlemen, I wanted to make sure that the three of you are aware of these ongoing violations of the Endangered Species Act that are threatening the Koloa Duck and other endangered species. Please correct me if I am wrong, but isn't it your job to enforce the Endangered Species Act on Kauai? If it isn't your job, please tell me who we should contact to report violations of the ESA. T

his landowner is apparently not only illegally building a road, he is also building an entire canal along his illegal 3000 foot long berm that he has used to dry out his wetlands illegally, and soon this canal will illegally give him direct access to Hanalei River and to the ocean beyond.

We would welcome the opportunity to share with you the information we have about this landowner's violations of the ESA. When is USFWS available to meet with us to discuss this matter? Please confirm that you received the attached three pictures. If you didn't receive them, I will resend. Please let me know if you intend to do anything about these ongoing, egregious violations of the ESA now that USFWS has been formally informed about them. I look forward to your reply. | Thank you.

Les Iczkovitz Law Offices of Leslie K. Iczkovitz 1350 Ala Moana Boulevard, Ste. 1508 Honolulu, HI 96814 Phone: 808.523.8449 / Fax: 808.356.0832 Email:

To: Michael Sheehan ( Date: 3/15/12 10:46 am

 I don't have any idea where this is? Need TMK ## Samuel J. Lemmo, Administrator Office of Conservation and Coastal Lands Department of Land and Natural Resources 1151 Punchbowl Street Honolulu, Hawaii 96813 Email: Phn (808) 587-0377 Fax (808) 587-0322


No comments :

Post a Comment