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Commission describes Kapakai (Kapaa kai) analysis requirement and seeks better community verification
Summary
Commission staff discussed the Supreme Court–driven Kapakai analysis framework used to identify and protect traditional and customary practices when agencies approve permits. Staff said the process is evolving and that guidance, practitioner outreach and stronger verification methods are needed.
Kira Kahohane, deputy director at the Commission on Water Resource Management, described how a Hawaii Supreme Court decision has required agencies and applicants to assess impacts on traditional and customary practices through what staff called a Kapakai (sometimes referenced in the meeting as Kapaka/Kapa'akai) analysis.
Kahohane said the commission and applicants must identify valued practices in a project area, assess impacts and propose feasible protections or mitigation. “At present, staff does their best to check online resources like the Kipuka database that's maintained by OHA,” Kahohane said, and she added that applicants are increasingly…
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