HomeMy WebLinkAboutIndividual Comment - email 060315
From: ------- -------- --------------------------------------------------------------
Sent: Wednesday, June 03, 2015 8:57 AM
To: General Plan
Subject: RE: GENERAL PLAN PUBLIC COMMENT POLICY ON NATIVE TENANTS IN OPEN SPACES DRAFT
RESOLUTION NEEDED
ALOHA...THANK YOU AND MAHALO FOR OPPORTUNITY TO. DISCUSS THE
ESTABLISHMENT OF POLICY ON NATIVE TENANTS. AT THIS TIME THE COUNTY
OF HAWAII AND...THE P.O.N.C. (PUBLIC ACCESS, OPEN SPACE, NATURAL
RESOURCES COMMISSION) HAS NO FORMAL POLICY TO ADDRESS THE
APPURTENANT RIGHTS, NATIVE TENANT ACCESS TO CANOE HALE, CULTURAL
SITES, WAHI PANA, BURIAL PLACES, CEREMONIAL and KAPU AREAS,
FISHERIES,GARDENS, HALE, GATHERING & WATER RIGHTS AND OTHER
APPURTENANT RIGHTS ALREADY AFFORDED BY MANY LAWS AND
STATUTES....BUT NOT IN FORMAL COUNTY POLICY. MAHELE TITLE KULEANA
AND NATIVE TENANT CULTURAL LANDSCAPES ARE A FORM PROTECTED UNDER
INTERNATIONAL LAW ESTABLISHING CULTURAL PROPERTY, ALONG WITH THE
STATE OF HAWAII CONSTITUTION (WITH BASIS IN PRIOR LAW).....AND UNDER
THE CONSTITUTION OF THE UNITED STATES OF AMERICA... SUCH APPURTENANT
RIGHTS ARE A "CODIFIED CONSTITUTIONALLY
PROTECTED NATIVE HAWAIIAN RIGHT".
WE MAY NEED AN ADHOC COMMITTEE TO REVIEW ALL LAWS AND
STATUTES. P.O.N.C. IS UNFAMILIAR WITH SUCH DESCRIPTIONS AND
DEFINITIONS. UNFORTUNATELY, COUNTY OF HAWAII CORPORATION COUNSEL
IS NOT "MA'A " TO THE LAW CONCERNING NATIVE TENANTS. HOWEVER. I'M
SURE LINCOLN ASHIDA MAY BE ABLE TO PROVIDE POSITIVE LEGAL ADVICE
CONCERNING LEGAL RIGHTS OF NATIVE TENANTS IN OPEN SPACES, ACCESS
AND USE OF WAHI PANA .
THE RESOLUTION WILL DEFINITELY REQUIRE DIRECT INPUT FROM OFFICE OF
HAWAIIAN AFFAIRS (OHA) AND THE SHERIFFS FOR ESTABLISHMENT OF FORMAL
POLICY ON NATIVE TENANTS (INCLUDING "LOCKED-GATE-KEY-TO-NATIVE
TENANTS-AND-HEIRS-UNDER-HRS 172-11 AND OTHER LAWS AND
STATUTES" PLEASE CONTACT NATHPO (advice on NHPA,NEPA, AND
CONSULTATION)
I DO CONGRATULATE THE COUNTY ON THE "KULEANA LAND TAX EXCEMPTION"
(available at COUNTY OF HAWAII DEPT. IF PLANNING) WHICH DOES GIVE TAX
RELIEF TO KULEANA LAND OWNERS AND VERY IMPORTANTLY, ACCURATELY
DESCRIBES THE RIGHTS OF NATIVE TENANTS.
*PLEASE ESTABLISH FORMAL POLICY ON NATIVE TENANTS, ISSUES OF STRICT
NO SPRAY ZONES, ....AND PROTECTION OF SITES IMPORTANT FOR NATIVE
GATHERING, HAPAI WA'A TRAILS (MOUNTAIN TO THE SEA CALLING DISTRICTS
FOR OHANA TO COME DOWN TRAIL BECAUSE OF FULL CANOE OF FISH, AND
AREAS CRITICAL TO SUSTAINABLE AGRICULTURE AND FISHERIES, KAHUNA
LAPA'AU, AND INPUT FROM KUMU HULA AND CULTURAL
PRACTITIONERS....PLEASE CONTACT DOCARE AND HPD FOR ENFORCEMENT
PLAN AND TRAINING GUIDELINES FOR NATIVE TENANT PROTECTION.
THANK YOU AND MAHALO -------- -------- ----- -------- ---- ----------------- ----------------------
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