The County of Kauai announced Thursday it has struck a plea deal with the U.S. Department of Justice to avoid penalties for causing the deaths of at least 18 rare birds. The county is guilty of one misdemeanor.
3. County will donate $30,000 to the Kaua'i Humane Society for the express purpose of augmenting its Save Our Shearwater program also as community service and restitution for past takings.Based on the Court’s acceptance of the plea agreement, the Environmental Crimes Section of the U.S. Department of Justice, Environment and Natural Resources Division, will decline to prosecute the County for any additional criminal violations involving migratory bird deaths related to the operation of lights at county facilities up until the date of execution of the agreement.<br />If the County complies with the terms of the plea agreement for a period of 30 months or until the island-wide HCP is completed, whichever comes first, the Environmental Crimes Section would agree to exercise its discretionary authority not to prosecute the County for any additional taking of migratory bird deaths that may occur during its probationary period.<br />The agreement also allows the County to seek early termination of the agreement if it obtains an incidental take permit before the probationary period ends and if the County is in compliance with all conditions of the probation.<br />In recognition of the cultural and ecological importance of Hawai’i’s native birds and the significance of night time football games in our island community, the County has negotiated with the Department of Justice to allow the possible return of night games.<br />Under the terms of probation, the County may provide its stadiums for night time football on certain days, and under certain conditions.<br />To mitigate possible impacts these night games may have on our native birds, the County must establish and fund an escrow account this fall to cover any bird takes that result in death or serious injury.<br />Similar provisions are established for fall 2011 and 2012, including the retrofitting of lights at county football stadiums.<br /> ####<br />