PD RECOMMENDATION REPORT (PL-SMA-2024-000054)

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The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian rights, such as 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: The project was submitted to the State Historic Preservation Division (SHPD) for review and recommendations under Ch. 6E-42. The applicant did not conduct any additional surveys as the subject parcel (created in 1891) has been used for the cultivation of sugar cane for over 100 years before that use was abandoned. The valuable cultural, historical, and natural resources found in the area: Based on the previous land disturbance from sugar cane cultivation (which was significant), the extent and location of the proposed project, and lack of public access, it was determined that there would be no adverse effects to historic sites. No valuable cultural resources and practices such as shoreline access, fishing, gathering, hunting, or access to ceremonial sites have been established, and as such would not be adversely affected in any way by the proposed project. Based on the nature of development, and the current use of the parcel, there does not appear to be any potential adverse impacts to traditional and customary practices in the area. No floral or faunal species listed as threatened, endangered, or proposed for listing under the federal or state endangered species statutes were identified on the site. Additionally, no species used for cultural gathering purposes were identified within the project area. Possible adverse effects or impairment of valued resources: Native vegetation may be destroyed by ground alteration, however, there is no evidence that the flora in the project area is particularly desired or used for cultural practices. Archaeological remains could inadvertently be uncovered during construction activities; however, the parcel has been impacted by past grading and grubbing under sugar cane cultivation and as such, -9-