GMAC_GP2045_Recommendations_special meeting_DRAFT

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Hawaiians who inhabited the Hawaiian Islands Prior to 1778, subject to the right of the State to regulate such rights. \[draft GP2040\] Under Objective 1, POLICIES, add ACTIONS:  Codify protections of Native Hawaiian customs and gathering rights related to access and cultural preservation. Under Collaborative Biocultural Stewardship Objective 3, “Increase direct community restoration and collaborative efforts to conserve and nourish the island’s biocultural resources,” add the following POLICIES:  Ensure public access is provided to the shoreline, public trails and hunting areas, including free public parking where appropriate.  Establish a program to inventory ancient trails, cart roads and old government roads on the island in coordination with appropriate State agencies. \[current General Plan\]  The County of Hawaiʻi shall establish public access to and along the shoreline to significant historic sites, public transit along the top of cliff, streams and other natural water courses, mauka trails, facilities, and access to sites for gathering, fishing, hunting, and other recreational purposes and in accordance with Hawai‘i County Code Chapter 34. \[draft Gp 2045\]  Protect all rights, customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupuaʻa tenants who are descendants of Native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights. \[Public Access, Natural Resources, Health\] \[Rationale: Based on identified gaps in County code and an over-reliance on State statutes to address Native Hawaiian rights. See HRS Section 1-1, 7-1 and Article 12 Section 7 of the Constitution of the State of Hawai‘i.\]  Prior to disposing of, leasing, or transferring public lands, including public roads or trails, public access potentials shall be assessed, documented and protected if public access use is in the public’s interest. \[Rationale: Based on existing HRS Section 46-1.5, Hāmākua CDP Policy 50, and General Plan 12.3 (n).\]  Ensure that publicly-owned historic trails and roads are properly identified and consultation occurs to protect the public’s interests. \[Rationale: Based on the Highways Act of 1892, Hāmākua CDP Policy 50, and the General Plan 12.3 (n).\]  Seek private-public partnerships to manage and maintain public access to the shoreline, fishing areas, public trails, hunting areas, scenic places and vistas, and significant historic sites, buildings, and objects of public interest. \[Public Access\]  Ensure Native Hawaiian access rights are clearly expressed in County code, policies, and procedures. \[Rationale: Based on identified gaps in County code and an over-reliance on State statutes to address Native Hawaiian rights. See HRS Section 1-1, 7-1 and Article 12 Section 7 of the Constitution of the State of Hawai‘i.\]  Prioritize and maintain an education and awareness program for County employees regarding Native Hawaiian culture, values, and resource management. \[Rationale: Based on identified gaps in County capacity to sensitively address Native Hawaiian issues.\] 5