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recreational resources or public access to the shoreline or mountain areas, scenic and <br /> open space preserves, coastal ecosystems, marine resources, historic resources in the <br /> area. Thus,the proposed request and use of the property will not adversely impact those <br /> resources. <br /> The request will not have a significant adverse impact to traditional and <br /> customary Hawaiian Rights.In view of the Hawaii State Supreme Court's "PASH" <br /> and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering <br /> and fishing rights must be addressed in terms of the cultural, historical, and natural <br /> resources and the associated traditional and customary practices of the site. <br /> The Department of Land and Natural Resources, Division of Forestry and <br /> Wildlife (DOFAW), provided comments to address the impact of the proposed project on <br /> endangered or threatened flora and fauna that may occur in the project area, specifically <br /> the Hawaiian Hawk(`Io), the Blackburn Sphinx Moth, Hawaiian hoary bats, Hawaiian <br /> goose (Nene), and seabirds. Additionally, DOFAW provided comments regarding the <br /> spread of Rapid `Ohi`a Death and the spread of invasive plant species. While no new land <br /> clearing or construction is proposed, conditions of approval will be included to address <br /> the recommendations provided by DOFAW. <br /> As the subject property has been developed with a residential use since 1961, no <br /> professional archaeological and/or cultural study was conducted of the property. <br /> According to the applicant, no archeological or historical features are known to exist on <br /> the subject property. The applicant is not seeking to further develop the land(besides <br /> minor improvements and maintenance of the existing structures and dwellings). The <br /> subject site is not adjacent and/or proximate to the shoreline. As such, gathering of <br /> marine life and coastal access is not an issue. It is not known whether the subject property <br /> or the immediate surrounding area was used in the recent past for the gathering of plants <br /> by Native Hawaiians. The applicant reports they have not observed any Native Hawaiians <br /> gathering plants on the subject property or the surrounding properties. It is not known <br /> whether the subject property or the immediate surrounding area was used in the recent <br /> past for the gathering of plants by Native Hawaiians. The applicant reports they have not <br /> -5- <br />