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<br /> DRAFT- SUBJECT TO CHANGE
<br /> KAY: Yeah, the answer would be if, if the conditions went through as written, then it would be
<br /> up to the applicant to comply with that. If they are found out of compliance, they'd be out of
<br /> compliance with the condition. I can just speak to why these are added in; whenever we receive
<br /> comment letters from DOFAW or U.S. Fish and Wildlife that indicate the presence or possible
<br /> presence of listed or endangered species in the vicinity, we add these as standard conditions just
<br /> to kind of do our due diligence to try and protect these species. I understand in this case it may
<br /> be a little bit over prescriptive,but—and certainly it's up to the Commission if they want to
<br /> remove some of these, or the County Council ultimately if they want to remove some of these,
<br /> and in the future maybe we can be a little bit more selective in situations where they are clearly
<br /> developed properties and maybe not have some of these issues—but we are trying to balance the
<br /> comments we receive from these agencies who are slated with protecting these species, and our
<br /> responsibility as well for protecting endangered and enlisted species. So with that, again,
<br /> certainly the Commission's decision on whether or not to keep those in, and we can look a little
<br /> bit more in the future on how to better right size some of these conditions to the situation.
<br /> VITOUSEK: You know, I think that will be appropriate. Like I said, I agree with these
<br /> conditions for instances of impacting undeveloped areas where endangered species are known to
<br /> be—but I don't think this is that case. I think this is a fully developed homestead where
<br /> homestead uses will continue as is currently, so I don't see these conditions as applying. Are
<br /> there any other questions, Commissioners? Commissioner DeFranco.
<br /> DEFRANCO: So, are there nene up there?
<br /> KAHANANUI: No.
<br /> DEFRANCO: No, okay—
<br /> KAY: Yeah, so—
<br /> DEFRANCO: —I, too, thought it was a, it was like a sort of an overkill of somebody having a
<br /> home and just trying to, you know,pick their trees and maintain their grounds. I, yeah, I think it
<br /> could have been spelled out a different way, a little more general way, of protecting all of the
<br /> species, of course, that we all want to protect, but this does seem a little invasive to me.
<br /> VITOUSEK: If there are no further questions, we can make a motion. We'll need to have two
<br /> motions.
<br /> PAISHON-DUARTE: Sorry, may I ask, Mr. Chair, may I ask just one other question?
<br /> VITOUSEK: Of course.
<br /> PAISHON-DUARTE: Thank you. This question is for the applicant. Mr. Kahananui, aloha.
<br /> You know, my own,just thinking from the generational perspective, right, we are making a
<br /> decision for now; my, I guess, my concern, if you can just share a little bit more, what if, what if,
<br /> you know, any of your family members decide to sell your property, right, sell the property? So
<br /> why I'm saying is that it seems like you folks are very conscious about how you care for your
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<br /> EXHIBIT A (DRAFT)
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