PD RECOMMENDATION REPORT (PL-SPP-2022-000013)

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The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O 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: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. ■ The valued cultural, historical, and natural resources found in the permit area: According to the applicant, no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. A request for review of the application was sent to the State Historic Preservation Division (SHPD) on March 4, 2022, however, as of the date of this writing, the Planning Department has not received a response from SHPD. The subject property has been cleared for construction of a dwelling, driveway, and related detached structures. The remainder of the property is being used to grow coffee, fruit trees, and plants native to Hawai'i. There are no known endangered or listed plant species on the property. ■ Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the already impacted Special Permit area mentioned above. ■ Feasible actions to protect native Hawaiian rights: No known gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights