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M. ROY:Technically speaking, would you care to elaborate on any important
<br />aspects of the coastal zone management system that is available to us by law today?
<br />TYLER:IÓll try.
<br />I guess the reason why IÓm sitting here is that thereÓs some peo
<br />or not a special management area permit should be granted for, for this proposed development.
<br />As I think IÓve stated to the Planning Commission on more than one occasion, and certainly at
<br />least once with respect to this proposal, which, which areas are located in the coastal zone
<br />management area, is that the, the Commission in this case, the agency in this case, the HawaiÒi
<br />County Planning Commission, is obligated to have certain findings before you can even think of
<br />approving this application.
<br />And I think that itÓs important to look at the Coastal Zone Management Act, which is a federal,
<br />federal statute, in what was intended. Because all too often we find in the Planning Commission
<br />hearings when SMAs, special management area applications are filed, that the background
<br />reports talk about those things just in the coastline areas. They talk about those things close to
<br />the, close to the kai, to the kahakai. But that was not the, that was not the only intention of the
<br />Coastal Zone Management Act.
<br />And, so every time I read one of those, it just, it just turns m
<br />Zone Management Act applies to the coastal zone management area.
<br />HawaiÒi Nei, means all lands of the State and the area extending seaward from the shoreline to
<br />the limit of the stateÓs police power and management authority, including the United States
<br />Territorial sea, which is the archipelagic waters as defined in our Constitution.
<br />So itÓs from the top of the, top of the mountain to the bottom of the ocean, every square inch.
<br />ItÓs not just whatÓs makai of Kuakini Highway. And so you cannot look at this in only with a
<br />special management area. You have to look at this whole document because the document says
<br />that everything in here is for the coastal zone management area, not just the special management
<br />area. There is, there is a subdivision of this, for the, what is called a special management area.
<br />But you have to look at the list in its entirety. And the beautiful part about this whether or not
<br />the, the congress intended this, I donÓt know. But this, this re-enforces and enhances the
<br />ahupuaÓa land use system, which has been in existence in this land for probably at least a 1,000
<br />years. IÓm not quite that old, so I donÓt, I cannot go back quite that far. But IÓm told that itÓs
<br />very ancient. And we are the only state in the union in which every square inch is subject to the
<br />Coastal Zone Management Act.
<br />Now, the Coastal Zone Management Program as defined in the Hawaii Revised Statutes 205A-2,
<br />first talks about objectives. And it says that ÐThe objectives and policies in this section shall
<br />apply to all parts of this chapter.Ñ And this includes, of course, the SMA, the special
<br />management area, which is the subject of our discussion, IÓm sure, that youÓve had for the last
<br />few days and will continue to have.
<br />And under No. B, Objectives, (2)(A), it says ÐHistoric resources;ÈProtect, preserve, and, where
<br />desirable, restore those natural and manmade historic and prehistoric resources in the coastal
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