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HENKEL: We have a question from Mr. Ikeda. <br />IKEDA: Can you tell me the nearest residence to the property? <br />JACKSON: Yeah— <br />IKEDA: Is it one of the people that is against the project? <br />JACKSON: I do not believe so. <br />IKEDA: You don't think so? <br />JACKSON: No. <br />IKEDA: Okay. <br />AUDIENCE MEMBER: Yes. <br />HENKEL: Any other questions from the Commission? Okay, since there's been a Petition for <br />Standing in a Contested Case Hearing, before we take action on this specific issue, we've got to <br />determine whether we grant the Petition for Standing in a Contested Case Hearing. So, at this <br />point, following Rule 4-6(a), which is a new rule that we just okayed a couple months ago in a <br />joint meeting in Kona, a person seeking to intervene shall file a written request on a form <br />approved by the Planning Director and accompanied by a filing fee of $200, no later than seven <br />days prior to the Commission's first meeting on the matter, and that criteria has been met. It also <br />states [the] following criteria: His or her interest is distinguishable from that of the general <br />public; government agencies whose jurisdiction includes the land involved in the subject request; <br />or they have some property interest in the land or lawfully reside on the land; or that they do not <br />[sic] have an interest different from the public; and persons who are descendants of Native <br />Hawaiians who inhabited the Islands prior to 1778. And, I believe all that criteria has been met, <br />but at this point, we're going to call up the—go ahead, Malia—help me out here. <br />HALL: Sorry, let me just interject. The—the part where it states Native Hawaiian, it's not just <br />that you're Native Hawaiian. It's also that you practice customarily or traditionally practice <br />some sort of either gathering rights or on that property traditionally. So, it's not just, the <br />condition is not just that you're Hawaiian but also that you actually have gathered or done <br />some— <br />HENKEL: Okay <br />HALL: —some sort of customary practice there. <br />FITZGERALD (from audience area): I'm Norine <br />HALL: No, please come— <br />EXHIBIT A <br />3 <br />