PD Recommendation Report (PL-SMA-2021-000007)

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understanding with the Makahanaloa Fishing Association, an organization representing a large group of fishermen from the Hamakua area. The applicant intends to execute a License for Shoreline Access over the coastal access corridor with the Association to govern the Association members access to the "Ladders" fishing site. While the Director supports the idea of continued access,he does not want to limit access to just the members of the Association but to allow any fishermen who have used "Ladders" in the past continued access to the site. The Director encourages the applicant to allow access for all fishermen, but not for the general public as the actual ladders that descend to the shoreline from the subject parcel are delipidated and are considered unsafe. Restricting public access to the shoreline is necessary due to the unique and dangerous method of accessing the fishing site. Lastly, there may be common short-term impacts (i.e., noise, dust) from the construction activities for the development as well as the new proposed structures,however best management practices will be in place to mitigate these short-term impacts which will cease at the completion of the project. Feasible actions to protect native Hawaiian rights: The proposed development will not restrict access to, and the use of natural resources at the existing shoreline fishing area known as "ladders" for fishermen. Conditions of approval have been added to protect endangered, threatened, and indigenous birds such as the Newell's shearwater and the Hawaiian Petrel and the Applicant has proposed to utilize native, endemic, or Polynesian introduced flora in site landscaping. A condition of approval has also been added to protect any unidentified cultural, historical, and natural resource in the event any are encountered during construction. To the extent that traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. Lastly, this approval is made with the understanding that the Applicant remains responsible for complying with all other applicable government requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with Fire Code,installation of improvements required by the American with Disabilities Act(ADA), -11-