2006-08-25 D-BAR - Laserfiche WebLink

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TYLER:Yes, sir. You hit that nail right on the head, I believe. And the reason is because the inventory survey deals with what’s actually there. It doesn’t deal with the intangibles that can’t been seen. And so this is what happened in the Ka Pa`akai O Ka `Aina case, which I think you have some familiarity with. And this is also the reason, as clearly stated in your revision of your rules of last January, I believe it was, no, excuse me, 2005, it clearly stated that the purpose was to comply with the Ka Pa`akai as well as the Public Access Shoreline Hawai`i decisions. And I don’t know whether any of you have read them but there’s some pretty good stuff on the website available through the OEQC as well as other places. I can’t explain this very simply. I’m not an attorney so I can’t do that. ALAMEDA:Mr. Salavea, does that answer your question? SALAVEA:Yes. Thank you. ALAMEDA:Okay. Any specific questions for Mr. Tyler? Commissioner Siracusa? SIRACUSA:Yes. Mr. Tyler, I have always been very impressed with your attention to detail -. TYLER:Thank you. SIRACUSA:And, once again, I’m impressed. I had been considering offering a condition regarding the cultural resources which would require the Applicant to do outreach through ads in the OHA newsletter and West Hawai`i Today to see if we could generate any legitimate claims for gathering on that parcel. What are your thoughts about such a condition? TYLER:Well, I was, may I answer? ALAMEDA:Sure. TYLER:I heard you speak, ask this question earlier of Dr. Hahn. I thought that was a very novel idea and one that I don’t think has been done.All that’s required under 6E is the publication for a possible descendancywith respect to the burials. And as Mr. Dickler and I were talking at the break, you know, he can’t be expected to know all of these intricacies of the cultural resource protection laws, but you are required as part of the SMA to do this. So perhaps that’s an idea. I think my real answer is, well, if they had done the Cultural Impact Assessment to begin with as required by your rules, we wouldn’t be having this discussion because there’ll probably be people here who would be coming to speak to you about the protection of their traditional and customary rights. I can’t say that unequivocally, but that’s what’s happening in past situations, assuming they’re notified. Thank you. SIRACUSA:That’s a big assumption; and that’s what my concern was while I was considering a possible condition to be required to publish notices to do that kind of outreach to see if we could get that information. TYLER:I think that’s a wonderful idea. I believe that it should be applied across the board to all, not just this applicant; and that’s where, you know, one has to be careful. Because you just don’t do selective, you know, selective conditions and then don’t put it on EXHIBIT B 27