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<br /> • <br /> be public trails. A public trail is under the jurisdiction of the state board of <br /> land and natural resources unless it was created by or dedicated to a <br /> particular county, in which case it shall be under the jurisdiction of that <br /> county. <br /> C. 1978 1-Iawaii State Constitution <br /> In November 1978, I-Iawai'i's State Constitution was amended by ~,~oters. <br /> Among the sections approved was Article XII, section 7: <br /> The State reaffirms and shall protect all rights, customarily and <br /> traditionally exercised for subsistence, cultural and religious purposes and <br /> possessed by ahupua'a tenants who are descendants of native I-Iawaiians <br /> who inhabited the I-lawaiian Islands prior to 1778, subject to the right of <br /> the State to regulate such rights. <br /> D. PASI~I Caselaw decision <br /> The I-Iawai'I Supreme Court issued a decision on Public Access Shoreline <br /> I-Iawai'I (PASI-I). ~Iith this decision tlae right to traverse land for cultural <br /> purposes and gathering was more clearly defined. Further case law rill <br /> have to define exactly who is allowed onto land to gather, and what. routes <br /> they may take. There are many unanswered questions involving pu'~lic <br /> right of way/access. <br /> E. Conservation District under DLNR <br /> Under I'iawai'I Admisnistrative IZules, Title 13, Department of Land and <br /> Natural resources the conservation district has various restrictions on <br /> activity on the land within the conservation district. These involve <br /> grubbing the land, destruction of ancient trails andJor cultural artifacts, <br /> building permanent structures and developing in any manner. The <br /> definition of conservation does include the shoreline area. The definition <br /> for public right of way along the shoreline uses the term extreme high tide. <br /> There are five subzones-that have different permissible activities and <br /> levels of activity. All of these subzones need various approvals from the <br /> authorities for some activities. <br /> F. April 26, 2000 -Act 50 -Environmental Impact Statements <br /> April 26, 2000 the legislature enacted legislation (effective upon approval) <br /> that would make it maaadatory to include cultural impact along with <br /> environmental impact statements. <br /> The purpose of the Act is to: <br /> <br />