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AU: So, as the applicant moves forward with this permit and if it does get approved, and an <br /> agreement is made between the fishermen or the fishing organization and the landowner. How is <br /> that going to affect the EA? <br /> TERRY: Well, I'm Ron Terry and I live in Hilo. I think I had to say that right? <br /> AU: Yes. <br /> TERRY: And the EA very much took it into account, and it assumed that fishermen would have <br /> access of some form or another. There's actually quite a bit of details in it if you consult the EA. <br /> I don't think there'd be many changes, the only change would be if they didn't allow access to <br /> fishermen, because it was explicitly called out in the EA. So that would be to me a different <br /> project if no access was allowed which I think Director Kern was alluding to those substantial <br /> representations are made in the SMA. They're also made in the EA, and we identified that as the <br /> principal potential cultural impact because that's the cultural use of the property is fishing. So, <br /> there would be impacts if fishing we're not allowed, and the EA would no longer be as valid as it <br /> was before and that's something that we pointed out to Kelly it's a substantial commitment that's <br /> made in there to allow access. <br /> I'll just add that the first time I looked at that ladder, I was intending to go down it and I <br /> immediately said no! I go a lot of places around this island, and I just said that's not one of <br /> them. And honestly, even the cliffs edge there even just looking down the ladder just to get to <br /> that point is not safe and whoever took that picture is pretty brave because you are taking some <br /> chances being there. The ironwood needles, you can slip right down, and I just want to say that <br /> just public access to any old tourist would be very irresponsible there. <br /> AU: Thank you, Mr. Terry, for your answer. I'd like to go to another question to staff. So, that <br /> access is very dangerous and if any fishermen were to continue to go down there, there needs to <br /> be constant maintenance, upkeep, maybe a new ladder, and any type of improvements. So, <br /> how's that going affect the County side and is the landowner going to be responsible if there's a <br /> violation or something? Is a landowner or the licensee going to be responsible for any violations <br /> that occur down there? <br /> KERN: Yes, Mr. Chair. As its stated now that would be really on the landowner to maintain, <br /> manage, work with the fishing association, and work with the fishermen on all of that. That's <br /> kind of one of the reasons we were somewhat selective on the language, because what we didn't <br /> want to do is turn it into a county situation which is really going to be a whole other ball of acts <br /> that we don't want to deal with, can't deal with right now. But as Mr. Terry had pointed out this <br /> has been used. An idea that I have potentially is we could even maybe Chair amend that <br /> condition and say the applicant has committed to working with the fishermen to allow access or <br /> has represented that they've allowed to work with them. Maybe strengthen a little bit more just <br /> for the representations that were being made. <br /> My concern also was that it's opened up to all fishermen. If you don't have that experience in <br /> the Hamakua Coast and you're used to fishing, maybe, like Old A's or O'oma it's very different <br /> 10 <br /> EXHIBIT B <br />