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Stacy Higa, Chairman <br />and Members of the County Council <br />Page 6 <br />In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O <br />Ka',4ina" decisions, the issue relative to native Hawaiian gathering and fishing rights <br />must be addressed in terms of the cultural, historical, and natural resources and the <br />associated traditional and customary practices of the site: <br />• Investigation of valued resources: No formal archaeological reconnaissance <br />survey, oral history of kamaaina accounts of the area, historical survey of <br />documentary records, or botanical study was included in the application. <br />• The valued cultural, historical, and natural resources found in the rezoning area: <br />The landowners have been raising cattle on the property for nearly 34 years and it <br />is anticipated that no historic properties will be affected. <br />• Possible adverse effect or impairment of valued resources: Native plants may be <br />destroyed by ground alteration. There is no evidence that the flora in the area are <br />particularly desired or used for cultural practices. <br />• Feasible actions to protect native Hawaiian rights: As stated by the applicants, no <br />gathering is taking place on the site. Thus, to the extent to which traditional and <br />customary native Hawaiian rights are exercised, the proposed action will not <br />affect traditional Hawaiian rights; therefore, no action is necessary to protect these <br />rights. <br />Based on the above findings, approval of the Change of Zone request from <br />Agricultural 40 -acre (A -40a) to Agricultural 5 -acre (A -5a) would result in an appropriate <br />land use pattern that will further the public necessity and convenience and the general <br />welfare. <br />For your favorable consideration, an amendment to Section 25-8-11 (Lalamilo-Puukapu Zone <br />Map), of the County Zoning Code is transmitted. <br />