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Home My WebLink About2024-12-10 PL-CRC-2024-000019 Testimony - C. Freitas DeVera, Ashley From: cindy Freitas < Sent: Tuesday, December 10, 2024 11:16 AM To: Planning Cultural Resources Commission Subject: La'ipala Development Written testimony#1 Attachments: La'ipala (laaloa) 12 10 24.docx Mahal() 1 December 10, 2024 Cindy Freitas Cultural Resource Commission Meeting Date: December 11, 2024 Time: 10:00 a.m. crc@hawaiicounty.gov RE: #1 Cultural Impact Assessment Report Review: La'ipala Makai Planned Unit Development (PL (PL-CRC-2024-000019) He Mele komo a he mele aloha no na kupuna o ke au i hala Aloha mai kakou. Aloha, My name is Cindy Freitas and I'm a Native Hawaiian descended of the native inhabitants of Hawai'i prior to 1778 and born and raised in Hawai'i. I am also a practitioner who still practice the cultural traditional customary practices that was instill in me by my grandparents at a young age from mauka(MOUNTAIN TO SEA) to makai in many areas. I'm in OPPOSITION for the following reasons: Lai'pala Makai Planned Unite Development will have 65- lots single family residential subdivision at the location of Kapala'alaea 2nd Ahupua'a North Kona District, Hawaii Island TMK(#) 7-7-008:121 CULTURAL SIGNIFICANT Kapala'alaes 2nd Ahupaua'a consist of many cultural mounds, platforms, walls, blister, cave, permanent habitation/burial, ceremonial, terraces, ect... See Documents: https://records.hawaiicountygov/WebLink/1/doc/141062/Pagel.aspx ARCHAELOLOGICAL INVENTORY SURVEY TMK: 7-7-08:121, LAND OF KAPALA'ALAEA 2 NORTH KONA DISTRICT, ISLAND OF HAWAII (Haun &Associates, January 2006) ENDANGERED SPECIES `IO SPECIES INFORMATION: The `io, or Hawaiian hawk, is the only broad-winged hawk (Family: Accipitridae) in Hawai`i. `lo are considered `aumakua, or family gods, by Native Hawaiians. Similar to many birds of prey, females are larger than males, and often weigh approximately 25 percent more than males. Also similar to many Buteos, two color morphs, light and dark, occur in Vo populations. Prior to the arrival of Polynesians, Vo may have exclusively preyed on birds, including now extinct flightless ibis, and rails. Its diet now includes non-native insects, birds and rodents, as well as native insects and birds. `lo form monogamous long-term pair- bonds and defend territories year-round. Nest construction is protracted, beginning up to two months before the first egg is laid, and continuing into the nestling period. Egg-laying generally occurs from March to June, and fledging from July to September. Both sexes contribute to nest-building. Clutch size is nearly always one, although historically clutches of two and three were reported. Both sexes incubate, although females perform most of the brooding of nestlings; males provide most of the food to chicks and female. Both adults feed fledglings, which are dependent on adults for up nine months. DISTRIBUTION: Occurs throughout the island of Hawai`i from 300 to 2,600 meters (1,000 to 8,530 feet). Based on fossil evidence, they once occurred on Kaua`i, Moloka`i, and Oahu. PUEO The pueo, or Hawaiian short-eared owl, is an endemic subspecies of the nearly pandemic short-eared owl (Asio flammeus; Family: Strigidae). The species is thought to have colonized the Hawaiian Islands sometime after the arrival of Polynesians. Unlike most owls, pueo are active during the day (i.e., diurnal), and are commonly seen hovering or soaring over open areas. Like short-eared owls in continental environments, those in Hawai`i primarily consume small mammals. Their relatively recent establishment on Hawai`i may have been tied to the rats (Rattus exulans) that Polynesians brought to the islands. Little is known about the breeding biology of pueo, but nests have been found throughout the year. Males perform aerial displays known as a sky dancing display to prospective females. Nests are constructed by females and are comprised of simple scrapes in the ground lined with grasses and feather down. Females also perform all incubating and brooding. Males feed females and defend nests. Chicks do not hatch at the same time and are fed by female with food delivered by male. Young may fledge from nest on foot before they are able to fly and depend on their parents for approximately two months. Found on all the Main Hawaiian Islands from sea level to 2,450 meters (8,000 feet). `Alala or Hawaiian Crow Historically at least five crow species (Family: Corvidae) occurred in Hawaii, only the `alala, or Hawaiian crow survives. Like other crows, `alala are loud and sociable. Alala are the largest surviving endemic Hawaiian forest bird. They weigh about 1 pound and are over 1 .5 feet long from bill to tail. They make incredible human-like cries, screams, and moans to communicate with each other. Alala have a life span of 20 or more years in a captive setting. In the wild, the oldest documented bird was 18 years old. The diet primarily consists of native and introduced fruits, invertebrates, and eggs and nestlings of other forest birds. Their diet can also contain nectar, flowers and carrion. Alala are ecologically important as a seed disperser for many native plant species. Historically, seasonal movements in response to weather, breeding season, and availability of food plants (e.g., `ie`ie [Freycinetia arborea]) have been noted. Alala are a highly social and intelligent species. They occur primarily in pairs or family units and have been known to form lifelong social bonds with each other. They develop a social hierarchy at a young age (approximately 1 year). Nests are predominantly constructed in `ohi`a (Metrosideros polymorpha) trees. Both the female and male participate in nest construction, although only females incubate eggs and brood young. Clutch size ranges from two to five eggs, but usually, only one or two nestlings fledge. Fledglings typically do not fly well and can remain near the ground for periods of time, which can increase their susceptibility to disease (i.e., toxoplasmosis) and predation. Juveniles depend on their parents for at least eight months and remain with their family group until the following breeding season. Large flocks, characteristic of American crows (C. brachyrhynchos) have not been reported, but there are historical reports of small local flocks after the breeding season. Due to a variety of threats in the wild, these birds are considered extinct in the wild and can currently only found within a conservation breeding program or at the Pana`ewa Zoo. There are over 100 birds within the population (UH PCSU, 2021). Release efforts were conducted from 2016-2019 in the Pu`u Maka'ala Natural Area Reserve on Hawai`i Island. Historically occurred in high- and low-elevation forests of the western and southeastern regions of the island of Hawai`i. `Oma o One of five species of Hawaiian solitaires (family: Turdidae), the `oma`o is endemic to the island of Hawai`i. They often perch silently for long periods and are usually detected by their song; however males perform a flight-song display known as "skylarking." Like all adult Hawaiian solitaires, `oma`o have drab olive-brown and gray plumage. Diet consists primarily of fruits of native and introduced understory plant species, although they also take koa (Acacia koa) flowers from the canopy and prey on invertebrates, including earthworms, snails, spiders, and insects. The life history is well-studied. Both sexes defend small nesting territories. Nests are built by females in a variety of locations (e.g., cavities, trunk forks); females also perform most incubation and brooding. They lay one or two eggs, and double sets of offspring can occur. The young remain in natal territories for four to six months after learning how to fly. A male-biased sex-ratio exists (more males than females), but its significance to populations is unknown. Primarily occurs in two populations on the eastern and southern slopes of the island of Hawaii at elevations greater than 1 ,000 meters (3,300 feet). A third, smaller population occurs in alpine scrub between 2,000 and 3,000 meters (6,500 — 9,750 feet). Currently occupies about 30 percent of their former range, which historically included habitats between 300 and 3,000 meters (1 ,000 — 9,750 feet). ENDANGERED PLANTS UHIUHI Uhiuhi is a rare species of flowering plant in the pea family, Fabaceae, that is endemic to Hawai'i. It is a shrub or small tree that reaches a height of 4 to 10 m (13 to 33 ft) ("uhiuhi, kawau (Maui), kea (Maui)," n.d.). The bark is dark grey and made up of rectangular or oblong (entire leaf) platelets. The hermaphroditic flowers have pink to rose sepals (protection for flower in bud) and red anthers (pollen-producing reproductive organ of flower). It is extirpated from Lanai, but seeds from the last plants were saved and are being used to replant it on the island. Uhiuhi is a very valuable hardwood and is/was used for crafts, tools (`o'o or digging stick, house posts, kapa beaters, la'au kahi wauke or a board for scraping wauke to make kapa, sled runners, fish hooks, or octopus or fish spears), or weapons . It was used medicinally as well ("uhiuhi, kawau (Maui), kea (Maui)", n.d.). Populations formerly existed on Kaua'i (Waimea Canyon), West Maui, Lana'i, Hawai'i Island (North Kona District), and O'ahu (Wai'anae Range), but are only found in the Kaua'i, O'ahu, and Hawai'i Island ("Caesalpinia kavaiensis," 2008). Mehamehame Mehamehame, a member of Phyllanthaceae family, is a large tree up to 30 m (100 ft)tall and 2 m (7 ft) in diameter with white oblong pores covering its scaly, pale brown bark. The thin, papery, oval leaves are green on the upper surface and pale green on the lower surface. This species is usually dioecious (having separate male and female plants) with unisexual flowers lacking petals. The fleshy, round fruits, are reddish brown to black and contain two slightly curved seeds that are somewhat triangular in cross section ("Mehamehame (Flueggea Neowawraea),"n.d.). Mehamehame is found on Kaua'i, O'ahu, Moloka'i, Maui, and Hawai'i island. Kauila Kauila of the Rhamnaceae (buckthorn) family, a tree 5 to 13 m (16 to 43 ft)tall, has opposite, stalked, oval, thin, pinnately veined, toothless leaves with glands on the lower surface. Ten to 12 hermaphroditic flowers are clustered at the end of a main stalk; each flower has a stalk which elongates in fruit. The somewhat spherical fruit is similar to a capsule and opens explosively when mature ("Kauila(Colubrina Oppositifolia),"n.d.). Kauila wood was used for many purposes including house beams, kapa beaters, fishing spears, netting needle or shuttle,javelins, spears, daggers, shark-tooth clubs, `o'o, guessing games pieces, `ukeke, repairing bowls, pestles, and amulets ("Kauila, Kauwila," n.d.). Kauila is found on O'ahu, Maui, and Hawai'i island. ECT..... Construction will have significant cumulative adverse impacts on cultural, archaeological, native plants, rare plants and animal species and historic elements resources in the proposed parcel that is irreversible. The Constitution of the State of Hawai'i clearly states the duty of the State and its agencies is to preserve, protect, and prevent interference with the traditional and customary rights of native Hawaiians. Article XII, Section 7 requires the State to "protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua'a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778" (2000). In spite of the establishment of the foreign concept of private ownership and western-style government, Kamehameha III (Kauikeaouli) preserved the peoples traditional right to subsistence. As a result in 1850, the Hawaiian Government confirmed the traditional access rights to native Hawaiian ahupua'a tenants to gather specific natural resources for customary uses from undeveloped private property and waterways under the Hawaiian Revised Statutes (HRS) 7-1. In 1992, the State of Hawai'i Supreme Court, reaffirmed HRS 7-1 and expanded it to include, "native Hawaiian rights...may extend beyond the ahupua`a in which a native Hawaiian resides where such rights have been customarily and traditionally exercised in this manner" (Pele Defense Fund v. Paty, 73 Haw.578, 1992). Act 50, enacted by the Legislature of the State of Hawaii (2000) with House Bill 2895, relating to Environmental Impact Statements,proposes that: ...there is a need to clarify that the preparation of environmental assessments or environmental impact statement should identity and address effects on Hawaii's culture, and traditional and customary rights...[H.B. NO. 2895] Act 16, enacted by the Legislature of the State of Hawaii (2020) with S.B. No. 2060 Section 3; (2) Historic resources; (A) Protect,preserve, and where desirable, restore those natural and manmade historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. HRS 711-1107 Desecration (b)A place of worship or burial (2) "Desecrate" means defacing, damaging,polluting, or otherwise physically mistreating in a way that defendant knows will outrage the sensibilities of persons likely to observe or discover the defendant's action. Therefor Applicant in all due respect should not build a 65 lots single family residential and destroy what is still beautiful. Mahalo, /s/ Cindy Freitas