§11-54-5.1 - Inland water areas to be protected.

§11-54-5.1 Inland water areas to be protected.

(a) Freshwaters.

(1) Flowing waters: perennial streams and rivers, intermittent streams, springs and seeps, and man-made ditches and flumes that discharge into any other waters of the State.

(A) Class l.a.:

(i) All flowing waters within the natural reserves, preserves, sanctuaries, and refuges established by the department of land and natural resources under chapter 195, HRS, or similar reserves for the protection of aquatic life established under chapter 195, HRS.

(ii) All flowing waters in national and state parks.

(iii) All flowing waters in state or federal fish and wildlife refuges.

(iv) All flowing waters which have been identified as a unique or critical habitat for threatened or endangered species by the U.S. Fish and Wildlife Service.

(v) All flowing waters in Waimanu National Estuarine Research Reserve (Hawai'i).

As listed in Appendix A dated July 1, 2014, entitled "Class 1, Inland Waters", located at the end of this chapter.

(B) Class l.b.: All flowing waters in protective subzones designated under chapter 13-5 by the state department of land and natural resources as listed in Appendix A dated July 1, 2014, entitled "Class 1, Inland Waters", located at the end of this chapter.

(C) Class 2.: All flowing waters in areas not otherwise classified.

All flowing waters in classes 1 and 2 in which water quality exceeds the standards specified in this chapter shall not be lowered in quality unless it has been affirmatively demonstrated to the director that the change is justifiable as a result of important economic or social development and will not interfere with or become injurious to any assigned uses made of, or presently in, those waters. This statement of antidegradation policy does not limit the applicability of the policy in section 11-54-1.1 to the whole chapter.

(2) Standing waters (natural freshwater lakes and reservoirs):

(A) Class l.a.:

(i) All standing waters within the natural reserves, preserves,

sanctuaries, and refuges established by the department of land and natural resources under chapter 195, HRS, or similar reserves for the protection of aquatic life established under chapter 195, HRS.

(ii) All standing waters in national and state parks.

(iii) All standing waters in state or federal fish and wildlife refuges.

(iv) All standing waters which have been identified as a unique or critical habitat for threatened or endangered species by the U.S. Fish and Wildlife Service.

(v) All standing waters in Waimanu National Estuarine Research Reserve (Hawaii).

As listed in Appendix A dated July 1, 2014, entitled "Class 1, Inland Waters", located at the end of this chapter.

(B) Class l.b.: All standing waters in protective subzones designated under chapter 13-5 by the state department of land and natural resources as listed in Appendix A dated July 1, 2014, entitled "Class 1, Inland Waters", located at the end of this chapter.

(C) Class 2.: All standing waters in areas not otherwise classified.

(3) Elevated wetlands and low wetlands:

(A) Class l.a.:

(i) All elevated and low wetlands within the natural reserves, preserves, sanctuaries, and refuges established by the department of land and natural resources under chapter 195, HRS, or similar reserves for the

protection of aquatic life established under chapter 195, HRS.

(ii) All elevated and low wetlands in national and state parks.

(iii) All elevated and low wetlands in state or federal fish and wildlife refuges.

(iv) All elevated and low wetlands which have been identified as a unique or critical habitat for threatened or endangered species by the U.S. Fish and Wildlife Service.

(v) All elevated and low wetlands in Waimanu National Estuarine Research Reserve (Hawai'i).

As listed in Appendix A dated July 1, 2014, entitled "Class 1, Inland Waters", located at the end of this chapter.

(B) Class l.b.: All elevated and low wetlands in protective subzones designated under chapter 13-5 by the state department of land and natural resources as listed in Appendix A dated July 1, 2014, entitled "Class 1, Inland Waters", located at the end of this chapter.

(C) Class 2.: All elevated and low wetlands not otherwise classified.

(b) Brackish or saline waters (anchialine pools, saline lakes, coastal wetlands, and estuaries).

(1) Class l.a.:

(A) All inland brackish or saline waters within natural reserves, preserves, sanctuaries, and refuges established by the department of land and natural resources under chapter 195, HRS, or similar reserves for the protection of

aquatic life established under chapter 195, HRS.

(B) All inland brackish or saline waters in national and state parks.

(C) All inland brackish or saline waters in state or federal fish and wildlife refuges.

(D) All inland brackish or saline waters which have been identified as a unique or critical habitat for threatened or endangered species by the U.S. Fish and Wildlife Service.

(E) All inland brackish and saline waters in Waimanu National Estuarine Research Reserve (Hawaii).

(F) The following natural estuaries: Lumaha'i and Kilauea estuaries (Kaua 'i) .

As listed in Appendix A dated July 1, 2014, entitled "Class 1, Inland Waters", located at the end of this chapter.

(2) Class l.b.: All inland brackish or saline waters in protective subzones designated under chapter 13-5 by the state department of land and natural resources as listed in Appendix A dated July 1, 2014, entitled "Class 1, Inland Waters", located at the end of this chapter.

(3) Class 2.: All inland brackish and saline waters not otherwise classified.

        [Eff 11/12/82; am and comp 10/6/84; am and comp 04/14/88; am and comp 01/18/90; am and comp 10/29/92, am and comp 04/17/00; am and comp 10/2/04; comp 06/15/09; comp 10/21/12; am and comp 12/6/13; am and comp NOV 15 2014 ] (Auth: HRS§§342D-1, 342D-4, 342D-5, Ch. 342E) (Imp: HRS §§342D-4,342D-5, Ch. 342E)

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