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Identification of existing public access to and along the shoreline and <br />whether the access is being used ; and <br />24.Section 9-11 C 4 (new): <br />The development will, to the extent feasible, reasonably protect native <br />Hawaiian rights if they are found to exist, including specific factual <br />findings regarding: <br />a.The identity and scope of valued cultural, historical or <br />natural resources in the petition area, including the extent to <br />which traditional and customary native Hawaiian rights are <br />exercised in the petition area; <br />b.The extent to which those resources, including traditional <br />and customary native Hawaiian rights, will be affected or <br />impaired by the proposed action; and <br />c.The feasible action, if any, to be taken by the Authority to <br />reasonably protect any valued cultural, historical or natural <br />resources, including any existing traditional and customary <br />native Hawaiian rights. <br />25.Section 9-13 is amended as follows: <br />[These Rules and Regulations] This rule shall not apply to proposed <br />developments within the Special Management Area for which final <br />approval, or in the case of subdivisions, for which preliminary subdivision <br />approval, was issued prior to the adoption of [these Rules and <br />Regulations] this rule, amendments thereto, or to the adoption of the <br />10 <br /> <br />