2008-11-06 TBARSELL - Laserfiche WebLink

Home

WOODWARD: Yes, sir. ALAMEDA: First, thank you for your articulation of all of that. That wasn’t long- winded at all. It was very, very good. I appreciate that. So tell me, you know, so how does a resident identify themselves as a cultural practitioner? I mean they don’t have a license so how would you know? I mean -? YEH: Basically, and I’m not an expert, but under Hawaiian law in essence one needs to show that there has been a traditional exercise, whether it’s a member of the ahupuaa or somebody with that background that has been able to go in and traverse and practice either cultural or gathering rights, or religious rights in that particular area.So you need to show or establish a historical basis for being able to do that. ALAMEDA: With whom, with the applicant, the resident, the owners? I’m just thinking the practicality. So if we have a bunch of, say, four or five folks, they walk into the property, they say, oh, we’d like to practice at that fishpond that was there before you guys came and we’d like, you know, to utilize that area for cultural reasons. So the response of the owners would be, oh, okay, you Hawaiian, you’re sure? I mean, how does that work? YEH: Yeah, it’s not limited, I mean, I should say it’s not necessarily that broad. There would have to be some historical analysis going back to either oral or other kinds of histories to determine whether or not those practices have occurred.For instance the Lyman family which owned the property since the late 1890’s would have some of that historical history passed down. Fishponds have generally considered to be private. So the question is whether or not for those konohiki rights, whether there was a relationship historically to whoever it is that wants to come in to be able to practice those rights in that area. ALAMEDA: Okay, thank you. YEH: That’s overall generally the process. ALAMEDA: Thank you. WOODWARD: Any other questions? Commissioner Housel. HOUSEL: Yes. Now the way I understand it was explained there is sort of informal public access through the gate. YEH: There has been, and, you know, I have to say, you know, I kind of wear two hats on this thing because I’ve also been representing the Association on issues; and this particular application kind of triggered a reassessment of things. And as I explained in the letter, within the Association there, I can’t say 100 percent, the people are saying we should prosecute people; and that hasn’t been the case. It has been kind of like we have these signs here, it is private property; but on any given weekend you could probably go down there and see vehicles parked and people walking into the subdivision. And so there hasn’t been an active prosecution. So it’s like it’s private, but some people have turned their heads. EXHIBIT B 8