Proponents of small wind systems got a lift this week when the county attorney said a proposed bill designed to streamline the permitting process would not open the county to legal or financial liability should an applicant's windmill kill an endangered seabird. The announcement, delivered by Deputy County Attorney Ian Jung, who specializes in planning issues and advises the Kaua‘i Planning Commission. ...While Jung's statement could go a long way to resolving one issue standing in the way of the bill's passage, there are several other factors that have yet to be addressed.

Kilauea farmer Sam Pangdan sensed change was in the air when it came to erecting wind turbines on his property. Nearly a year and a half later, he is still waiting for that change to blow through the county Planning Commission, which worries the alternative energy resource could be a hazard for endangered birds and bats. "We have competing interests between clean energy and birds," said Commissioner Hartwell Blake, at a commission meeting last month.

The company is seeking an incidental take permit from the U.S. Fish and Wildlife Service and has prepared a draft habitat conservation plan and environmental assessment to minimize the effects on the endangered Hawaiian petrel ('ua'u), the endangered Hawaiian stilt (ae'o), the endangered Hawaiian hoary bat ('ope'ape'a), and the threatened Newell's shearwater ('a'o). Six of the seven 165-foot towers already have been built on land owned by Castle & Cooke. The company plans to build the remaining tower and operate all seven for a period of up to two years to collect data on wind patterns, according to permit documents.

The discovery poses a clear challenge in the design and maintenance of a major windfarm proposed by Castle & Cooke for Lana'i. The company is working on plans for a $750 million field of wind generators that would ship power to O'ahu via undersea cable. Conventional windmills are cited by opponents of such structures as a threat to migrating birds. It is not clear yet whether it would be possible to site wind generators out of petrel flight paths, or perhaps to manage the windfarm in a way that warns the birds away from danger. On Kaua'i, researchers use radar to identify flight paths of ‘a'o.

The Kaheawa Wind Power wind farm on Maui will perform $3.8 million in work to benefit birds and bats to make up for any damage the species suffer from the rotating blades of 20 wind turbines.