(a) The
provisions of this chapter shall apply to the West Hawai'i regional fishery
management area, bounded by the west coast of Hawai'i Island, from Ka Lae, Ka'u
(South Point) to 'Upolu Point, North Kohala, and extending from the upper
reaches of the wash of the waves on shore, seaward to the limit of the State's
police power and management authority.
(b) The following marine reserves, fish
replenishment areas, and netting restricted areas shall be established within
the boundaries of the West Hawai'i regional fishery management area (as
depicted in the exhibit entitled "Map of Marine Reserve, Fish Replenishment
Area, and Netting Restricted Area Boundaries", dated 12/12/12, located at the
end of this chapter):
(1) Ka'upulehu marine
reserve, identified on shore to the north by the northern boundary of the
Ka'upulehu ahupua'a and to the south by the southern side of Kikaua Point
(south of Kuki 'o Bay);
(2) North
Kohala fish replenishment area, identified on shore to the north by Kamilo
Gulch and to the south by the Kawaihae Lighthouse;
(3) Puako-'Anaeho 'omalu fish replenishment
area, identified on shore to the north by the southern end of the Puako Bay and
Puako Reef fisheries management area and to the south by the southern side of
'Anaeho'omalu Bay (Kapalaoa);
(4)
Kaloko-Honokohau fish replenishment area, identified on shore to the north by
the southern boundary of Wawaloli Zone (a Kona Coast fisheries management area
defined in section
13-58-2) at Wawahiwa'a Point and
to the south by Noio Point;
(5)
Kailua-Keauhou fish replenishment area, identified on shore to the north by the
southern boundary of Kailua Bay Zone, Kona Coast fisheries management area
defined in section
13-58-2, and to the south by the
northern boundary of the Keauhou Bay fisheries management area defined in
section
13-57-1;
(6) Red Hill fish replenishment area,
identified on shore to the north at Nenue Point and to the south by Keawakaheka
Point;
(7) Napo'opo'o-Honaunau fish
replenishment area, identified on shore to the north by the southern boundary
of Kealakekua Bay marine life conservation district (Manini Beach Point) and to
the south by the southern boundary of Pu'uhonua o Honaunau (Ki'ilae);
(8) Ho'okena fish replenishment area,
identified on shore to the north by Loa Point and to the south by Ka'u Loa
Point;
(9) Ka'ohe Beach fish
replenishment area (Pebble Beach), identified on shore to the north by signage
south of Ka'u Loa Point, and to the south by signage north of 'Au'au
Point;
(10) Miloli'i fish
replenishment area, identified on shore to the north by Makahiki Point and to
the south by Kaki'o Point;
(11)
Kikaua Point-Makole'a Point netting restricted area, identified on shore to the
north by Kikaua Point (Kalae o Kikaua) and to the south by Makole'a Point (near
Kekaha Kai State Park);
(12) Nenue
Point-Kealakekua Bay netting restricted area, identified on shore to the north
by the northern boundary of the Red Hill fish replenishment area and to the
south by the northern boundary of the Kealakekua Bay marine life conservation
district;
(13) Hanamalo
Point-Kanewa'a Point netting restricted area, identified on shore to the north
by Hanamalo Point, inclusive of Okoe Bay and Kapu'a Bay, and to the south by
Kanewa'a Point, South Kona; and
(14) Kanonone-Kalipoa netting restricted
area, identified on shore to the north by Kanonone, inclusive of Pohue Bay,
Kahakahakea, and identified to the south by Kalipoa, Ka'u.
Unless otherwise described, any area described in this
chapter shall be described by four reference points identified by their
latitude and longitude coordinates, as provided in the tables located at the
end of this chapter entitled "Table of Reference Coordinates to Marine Reserve
and Fish Replenishment Area Boundaries", dated 12/12/12, and "Table of
Reference Coordinates to Netting Restricted Area Boundaries", dated 12/12/12,
and as may be further indicated by signage on or about the shoreline. The four
points shall be identified as the landward northern point, the landward
southern point, the seaward northern point, and the seaward southern point. The
landward boundary for each of these areas shall be an imaginary line drawn
along the highest wash of the waves between the landward northern point and the
landward southern point. Should there be a stream or river flowing into the
ocean, the landward boundary shall be an imaginary straight line drawn between
the shoreline on either side of the stream or river, as if the stream or river
was not there. Imaginary straight lines drawn through the landward and seaward
northern points, and through the landward and seaward southern points, shall
constitute the northern and southern boundary lines of each area. The seaward
boundary of each area shall be determined by an imaginary line drawn along the
one hundred fathom (six hundred feet) depth contour, between the intersection
of the one hundred fathom depth contour and the northern and southern boundary
lines. Seaward GPS reference points are for guidelines and the one hundred
fathom depth contour otherwise controls the seaward boundary. Any area
designated in this chapter shall include the submerged lands and overlying
waters within these four boundaries.
(c) The following areas, designated and
subject to additional regulations in other chapters, shall also be considered
and regulated as part of the West Hawai'i regional fishery management area:
(1) Lapakahi marine life conservation
district, as described in chapter
13-33;
(2) Kawaihae Harbor fisheries management
area, as described in chapter
13-55;
(3) Wailea Bay marine life conservation
district, as described in chapter
13-35;
(4) Old Kona Airport marine life conservation
district, as described in chapter
13-37;
(5) Kealakekua Bay marine life conservation
district, as described in chapter
13-29;
(6) Puako Bay and Puako Reef fisheries
management area, as described in chapter
13-54;
(7) Kiholo Bay fisheries management area, as
described in chapter 13-60;
(8) Kailua Bay fisheries management area, as
described in chapter 13-52;
(9) Keauhou Bay fisheries management area, as
described in chapter 13-57;
(10) Kona Coast fisheries management area, as
described in chapter 13-58; and
(11) Miloli'i community-based subsistence
fishing area, Hawai'i, as described in chapter
13-60.10.
Except for the area encompassed by the Kawaihae Harbor
fisheries management area, Kawaihae commercial harbor shall not be regulated as
part of the West Hawai'i regional fishery management
area.
(d) Nothing
in this chapter shall be construed as allowing within the West Hawai'i regional
fishery management area any activity otherwise prohibited by law or rules
adopted by the department of land and natural resources or any other department
of the State.
