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towing operation, within two (2) years of the effective date of this permit. <br />Based on the above considerations, the amendment request with modifications <br />would not be contrary to the original reasons for granting of the permit. <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 />Investigation of valued resources: 1) No archaeological inventory survey or <br />flora/fauna study of the property was conducted due to the significantly developed nature <br />of the property. Furthermore, past ground disturbance activities within the property, <br />which included backfilling, would indicate that the potential for subsurface <br />archaeological resources is unlikely. <br />The valuable cultural, historical, and natural resources found in the permit area: <br />The subject site is not adjacent to or proximate to the shoreline. As such, there should be <br />no impact on fishing and/or coastal access. According to the applicant, there are no <br />known customary or Native Hawaiian cultural rights exercised on the property. <br />Furthermore, there are no known archaeological or historic resources on the property and <br />the flora/fauna found on the property are largely introduced species consistent with that <br />of an urban area, thus not considered to be particularly endangered or culturally <br />significant. <br />Possible adverse effect or impairment of valued resources: Given the lack of <br />valued resources identified on the property, it is unlikely that such resources will be <br />impaired. <br />Feasible actions to protect native Hawaiian rights and valued resources: To the <br />extent to which traditional and customary native Hawaiian rights are exercised, the <br />proposed action will not affect traditional Hawaiian rights and no action is necessary to <br />protect these rights. <br />Lastly, this approval is made with the understanding that the applicant remains <br />responsible for complying with all other applicable governmental requirements in <br />connection with the approved use. Additional governmental requirements may include <br />-4- <br />