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Valerie T. Poindexter, Council Chair and Members of the County Council Page 5 not be impacted by coastal hazard and beach erosion. There are no identified recreational resources or public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously developed with dwellings and used for cattle grazing. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: A Burial Treatment Plan, which includes the Pu'ukapu Cemetery, was submittal along with the Change of Zone Application. The valued cultural, historical, and natural resources found in the rezoning area. There is a cemetery located on the subject property, which is referred to as the Pu'ukapu Cemetery in the application. The Burial Treatment Plan states that there are seven (7) burials preserved within the approximately 4,000-square foot cemetery area. By letter dated March 14, 1997, the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) approved the Burial Treatment Plan for the Pu'ukapu Cemetery. According to the applicant, the burials have been frequented and continued access to lineal descendants will continue to be provided. Additionally, in the event inadvertent discoveries are made, appropriate protocols will be taken. Thus, it is not anticipated that the proposed request will have any adverse impact on these cultural and historical resources located within the project area. Possible adverse effect or impairment of valued resources: The Pu'ukapu Cemetery is buffered by a fence that surrounds the burials to protect these valued resources. Feasible actions to protect native Hawaiian rights: As mentioned above, the Pu'ukapu Cemetery is found within the project site and is protected by a fence that surrounds the burials. There is an approved Burial Treatment Plan, which includes an