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someone else. The law is clear; and maybe in addition to what the law says, maybe Hawai`i <br />County needs to have a policy for these kinds of things. And I would certainly support that <br />because, again, the more you can do this upfront instead of on the back end, be proactive, it’s <br />helpful. Thank you. <br />ALAMEDA:Commissioner Siracusa, follow-up? <br />SIRACUSA:Yes. Actually, this is to the Director -. <br />ALAMEDA:Is there any more questions for Mr. Tyler? <br />SIRACUSA:That, on what Mr. Tyler’s recommendations were. <br />ALAMEDA:Okay, so you can remain there still. We might have questions, I’m not <br />sure. Okay? <br />TYLER:I don’t mind sitting here, sir. <br />SIRACUSA:I was wondering if the Director would care to comment on some of the <br />conditions that Mr. Tyler proposed. <br />ALAMEDA:Director? <br />YUEN:Well, I think it’d be useful for me to just talk briefly about what is in the <br />record and the kinds of things we typically do look for and get to assess whether there’s an <br />impact on gathering rights, or other traditional and cultural practices in an SMA Permit <br />application. First, we will, we require an archaeological study or clearance from the SHPD that <br />there aren’t any archaeological sites. This gives you a study of the physical cultural remains of <br />the Hawaiian culture that may be on the site; and here we have a thorough study. We have an <br />assessment of the significant sites; we have a condition requiring the physical preservation of <br />those sites. The actual site buffers will be set. The process is that SHIPTA will look at a <br />preservation plan prepared by the applicant and will ultimately agree on what the site buffers will <br />be. So we have that; and so we have protected the physical integrity of the archaeological sites. <br />Then, if you, also, the Burial Treatment Plan will discuss access to burials. The preservation <br />plan will, may or may not, depending on the type of site, may or may not discuss whether the <br />people will have access to the site itself. <br />Then you have the question of gathering. Gathering, there are some extremely rare things like <br />red dirt that may be gathered, typically there, that are not plants or animals. Okay? Typically <br />the archaeological study if there’s evidence of this will mention that. Then you have plants and <br />you have animals. And this here, this application is, as in typically with our, at least our larger <br />SMA applications, we have a botanical study which shows that the site has, dominated by <br />introduced plants that are typically not gathered. They did mention that the ko`oko`olau is there. <br />There’s no indication from the study itself whether that it is gathered. They do say that it is <br />much more common in the Kailua area than thought and, so, I’m not recommending any specific <br />actions to be taken with the ko`oko`olau.There is a faunal study. There’s no, there are no <br />animals that are typically gathered or used culturally listed in the faunal study. It’s not a <br />EXHIBIT B <br />28 <br /> <br />