HomeMy WebLinkAbout2024-03-03 PL-SMA-2023-000046 Kalena Blakemore Opposition Testimony From: Kalena Blakemore
To: WPCtestimonv
Cc: Plannina Internet Mail;Galimba,Michelle M.
Subject: Oppose Punalu'u Village Written Testimony 3.7.2024 WPC Meeting
Date: Sunday,March 3,2024 5:36:47 PM
Kalena K. Blakemore
19-4080 Wright Road
PO Box 181
Volcano, Hawaii
96785
Written Testimony for submission- March 7, 2024, 9 am, Windward Planning
Commission-
I, Kalena K. Blakemore, Kanaka Maoli, Hawaii Island Burial Council Commissioner-Vice-
Chairperson, Puna, vehemently oppose the County Planning Director, Zendo Kern's, Punalu`u
Development SMA permit approval for the proposed Punalu`u Village by Black Sand Beach,
LLC.
The integrity of our community and the natural and cultural resources of Ka`u will suffer
immeasurable loss from the impacts of this shallow shortsighted proposed development. This
endeavor of commercial activities and short term residential accommodations will serve only
the Black Sand Beach LLC. What few job opportunities afforded from the project will not
compensate for the damage to our sacred cultural sites, fragile ecosystems and loss for the
Ka`u families right to traditional and cultural practices. Tourist impacts have exceeded
appropriate capacity yesterday and today, therefore, why would you approve of the SMA
permit for the future of tomorrow?
Zendo Kern, you asked to hear from the community regarding this project. We are here
voicing our opposition. Please implement the Ka Pa`akai Analysis Framework as a legal tool
to uphold our cultural, traditional, and spiritual beliefs and connections to this `aina.
On Sept. 11, 2000, the Hawai`i State Supreme Court decided on Ka Pa`akai O Ka
`Aina vs. Land Use Commission, State ofHawai`i related to the Ka`upulehu
development in North Kona. The court overruled the Land Use Commission's (LUC)
decision to grant the developer's petition to reclassify approximately 1,000 acres of
land from conservation to urban as it failed to"preserve and protect any gathering and
access rights of native Hawaiians."
The court established a three-pronged framework for assessing Native Hawaiian
constitutionally protected rights and further held that the state has an obligation to
protect those rights and may not transfer its duties to a third party.
The court concluded that: "1) The state and its agencies are obligated to protect the
reasonable exercise of customarily and traditionally exercised rights of native
Hawaiians to the extent feasible; 2) Agencies are obligated to make an assessment,
independent of the developer or applicant, of the impacts on customary and traditional
practices of Native Hawaiians; and 3) The independent assessment must include three
factors known as the `Ka Pa`akai' framework."
The court's three-pronged test is triggered when government agencies consider
proposed uses of land and water resources that may impact the exercise of Hawaiian
traditional and customary rights (e.g., determining the approval of permits). The test
includes the following:
1. The identity and scope of"valued cultural, historical, or natural resources"
including the extent to which traditional customary Native Hawaiian rights are
exercised in the petition area;
2. The extent to which those resources, including traditional and customary Native
Hawaiian rights, will be affected or impaired by the proposed action;
3. The feasible action, if any, to be taken by the LUC to reasonably protect Native
Hawaiian rights if they are found to exist.
https://kawaiola.news/aina/activating-ka-paakai/ http://oaoa.hawaii.gov/jud/21124.htin
Please hear and count my voice as an unapologetic"No" for this SMA permit approval on the
Punalu`u Village Development by Black Sand Beach LLC.
Sincerely,
Kalena K. Blakemore
Kalena K. Blakemore
PO Box 219
Hawaii National Park, HI
96718