Some Laws Applicable to the Lehua Aerial Drop of Rodenticide:

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[This information is identical to the contents of the heading page, Research, Laws & Violations.]
 

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1. DLNR/USFW explanation of how the project meets all of the 13 criteria for defining significant impacts, text excerpted from 2005 Final EA.

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2. State Criteria for Project "Significance" (ranked generally in order of relevance to the Lehua aerial rodenticide drop):

According to Hawaii Administrative Rules Section 11-200-12, if any one of the following criteria is triggered, a full Environmental Impact Statement (EIS) is required, and a Finding of No Significant Impact (FONSI) is deemed inappropriate. State law provides a 30 day challenge period to a FONSI, starting July 23, 2017 (HRS 343-7(b)), though several other legal challenges are possible.

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• The proposed project is not located in an environmentally sensitive area.

• The proposed actions will not affect rare, threatened or endangered species or its habitat.

• The proposed actions do not involve an irrevocable commitment to loss or destruction of any natural or cultural resource.

• The proposed actions will not conflict with the State's long-term environmental policies.

• The proposed actions will not involve substantial degradation of environmental quality.

• The proposed actions will not substantially adversely affect the economic and social welfare of the community.

• The proposed actions will not have cumulative impacts or involve a commitment for larger actions.

• The proposed actions will not substantially adversely affect the public health of the community.

• The proposed actions will not curtail the range of beneficial uses of the environment.

• The proposed actions will not substantially affect air or water quality or ambient noise levels.

• The proposed actions will not substantially affect scenic vistas and view planes identified by state plans or studies.

• The proposed actions will not involve substantial secondary impacts, such as population changes or effects on public facilities.

• The proposed project will not require substantial energy consumption.

 

 

3. Federal Laws and Guidelines
 

Section 2.5 of the Final EA describes the relevant laws, label and permit requirements for the Lehua rodenticide operation. 

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• National Environmental Policy Act of 1969 (NEPA)

• Endangered Species Act

• Federal Insecticide, Fungicide, and Rodenticide Act of 1947 (FIFRA)

• Marine Mammal Protection Act of 1972 (MMPA)

• Migratory Bird Treaty Act of 1918 (MBTA)

• Magnusen-Stevens Act and Essential Fish Habitat

• Clean Water Act (listed in the Final EA under the older prior name of the law, the Water Pollution Control Act of 1948) CWA Link to Subchapter IV: Permits and Licenses

• Coastal Zone Management Act of 1972

• National Historic Preservation Act of 1966 (NHPA)

• The Fish and Wildlife Act of 1956

• Executive Order 13112 regarding Invasive Species

• Executive Order 13186 Responsibilities of Federal Agencies to Protect Migratory Bird

• Executive Order 13089 Coral Reef Protection

• Executive Order 12898 Environmental Justice in Minority Populations and Low-Income Populations

• US Coast Guard Guidelines

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4. Hawaii State Laws and Enabling Statutes

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• Hawaii Revised Statutes (HRS) Chapter 149a - Licensing, sale or distribution of pesticides within Hawaii
   

• Hawaii Administrative Rules (HAR) 466 Pesticides - Defining licensing, application information, restrictions and aerial application permitting
   

• Hawaii Administrative Rules (HAR), Title 13 Department of Land and Natural Resources, Subtitle 5 (Forestry and Wildlife), Part 2 (Wildlife), Chapter 124 (Endangered wildlife), Subchapter 4, Permits

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• Hawaii Revised Statutes Chapter 344, Environmental Policy Act
   

• Hawaii Revised Statutes (HRS) Chapter 343, Environmental Impact Statements and specifically 343-7 providing for a 30 day challenge to a Finding of No Significant Impact
   

• Hawaii Revised Statutes (HRS) Chapter 341, Environmental Quality Control Act
   

• Hawaii Revised Statutes (HRS) Chapter 128D, Environmental Response Law
   

• Hawaii Revised Statutes (HRS) Chapter 342D-50(a), Water Pollution and HAR Chapter 11-54, Water pollutants
   

• Hawaii Revised Statutes (HRS) 321, Department of Health
   

• Hawaii Revised Statutes (HRS) Title 12, Conservation and Resources, Chapter 183D, Wildlife
   

• Hawaii Revised Statutes (HRS) Chapter 26-15, Department of Land and Natural Resources and Chapter 195D-5 Conservation programs, and 183D-4 Wildlife Sanctuaries "for the purposes of preserving, protecting, conserving, and propagating wildlife..."

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