§11-54-7 - Uses and specific criteria applicable to marine bottom types.

§11-54-7 Uses and specific criteria applicable to marine bottom types.

(a) Sand beaches.

(1) As used in this subsection:

"Sand beaches" means shoreline composed of the weathered calcareous remains of marine algae and animals (white sand), the weathered remains of volcanic tuff (olivine), or the weathered remains of lava (black sand). Associated animals are largely burrowers and are related to particle grain size, slope, and color of the beach.

(2) Water areas to be protected:

(A) Class I - All beaches on the Northwestern Hawaiian Islands. These islands comprise that portion of the Hawaiian archipelago which lies northwest of the island of Kauai and is part of the State of Hawaii; including Nihoa Island, Necker Island, French Frigate Shoals, Brooks Banks, Gardiner Pinnacles, Dowsett and Maro Reef, Laysan Island, Lisianski Island, Pearl and Hermes Atoll, Gambia Shoal, and Kure Atoll.

(B) Class II - All beaches not in Class I.

(3) The following criteria are specific to sand beaches:

(A) Episodic deposits of flood-borne sediment shall not occur in quantities exceeding an equivalent thickness of ten millimeters (0.40 inches) twenty-four hours after a heavy rainstorm.

(B) Oxidation - reduction potential (EH) in the uppermost ten centimeters (four

inches of sediment shall not be less than +100 millivolts

(C) No more than fifty per cent of the grain size distribution of sediment shall be smaller than 0.125 millimeters in diameter.

(b) Lava rock shoreline and solution benches.

(1) As used in this subsection:

"Lava rock shorelines" means sea cliffs and other vertical rock faces, horizontal basalts, volcanic tuff beaches, and boulder beaches formed by rocks falling from above or deposited by storm waves. Associated plants and animals are adapted to the harsh physical environment and are distinctly zoned to the degree of wave exposure. "Solution benches" means sea level platforms developed on upraised reef or solidified beach rock by the erosive action of waves and rains. Solution benches are distinguished by a thick algal turf and conspicuous zonation of plants and animals.

(2) Water areas to be protected:

(A) Class I - All lava rock shorelines and solution benches in preserves, reserves, sanctuaries, and refuges established by the department of land and natural resources under chapter 195 or chapter 190, HRS, or similar reserves for the protection of marine life established under chapter 190, HRS, as amended; or in refuges or sanctuaries established by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service.

(B) Class II

(i) All other lava rock shorelines not in Class I.

(ii) The following solution benches:

Maui

Oahu

Kihei

Diamond Head

Papaula Point

Manana Island

Makapuu

Kauai

Laie

Near Hanapepe

Kahuku

Salt Ponds

Mokuleia

Milolii

Makua

Nualolo

Makaha

Makaha

Maile

Mahaulepu

Lualualei

Kuhio Beach Park

(Kukuiula)

Barbers Point

(3) The following criteria are specific to lava rock shorelines and solution benches:

(A) Episodic deposits of flood-borne sediment shall not occur in quantities exceeding an equivalent thickness of five millimeters (0.20 inches) for longer than twenty-four hours after a heavy rainstorm.

(B) The director shall determine parameters, measures, and criteria for bottom biological communities which may be affected by proposed actions. The location and boundaries of each bottom-type class will be clarified when situations require their identification. For example, when a discharge permit is applied for or a waiver pursuant to section 301(h) of the Federal Water Pollution Control Act (33 U.S.C. Section 1311) is required. Permanent benchmark stations may be required where necessary for monitoring purposes. The water quality standards for this subsection shall be deemed to be met if time series surveys of benchmark stations indicate no relative changes in the relevant biological

communities, as noted by biological community indicators or by indicator organisms which may be applicable to the specific site.

(c) Marine pools and protected coves.

(1) As used in this subsection: "Marine pools" means waters which collect in depressions on sea level lava rock outcrops and solution benches and also behind large boulders fronting the sea. Pools farthest from the ocean have harsher environments and less frequent renewal of water and support fewer animals. Those closest to the ocean are frequently renewed with water, are essentially marine, and support more diverse fauna. "Protected coves" means small inlets which are removed from heavy wave action or surge.

(2) Water areas to be protected.

(A) Class I.

(i) All marine pools and protected coves in preserves, reserves, sanctuaries, and refuges established by the department of land and natural resources under chapter 195 or chapter 190, HRS, or similar reserves for the protection of marine life established under chapter 190, HRS, as amended; or in refuges or sanctuaries established by the U.S. Fish and Wildlife Service or the National Fisheries Service.

(ii) Hawaii

Honaunau

Kiholo

(B) Class II.

Hawaii

Maui

Kalapana

Hana

Pohakuloa

Keanae

Kapalaoa

Napili

Kapoho

Puu Olai to

King's Landing (Papai)

Cape

Hanamanioa

Hilo

Kipahulu

Leileiwi Point

 

Wailua Bay

Molokai

 

Cape Halawa

 

Kalaupapa

 

South Coast

Oahu

Diamond Head

Halona Blowhole to Makapuu

Mokuleia

Kaena Point

Makua

Punaluu

Kauai

Kealia

Mahaulepu

Hanamaulu

Poipu

Puolo Point.

(3) The following criteria are specific to marine pools and protected coves:

(A) In marine pools and coves with sand bottoms, oxidation-reduction potential (EH) in the uppermost ten centimeters (four inches) of sediment shall not be less than +100 millivolts.

(B) In marine pools and coves with sand bottoms, no more than fifty per cent of the grain size distribution of the sediment shall be smaller than 0.125 millimeters in diameter.

(C) Episodic deposits of flood-borne soil sediment shall not occur in quantities exceeding equivalent thicknesses for longer than twenty-four hours following a heavy rainstorm according to the following:

(i) No thicker than an equivalent of five millimeters (0.20 inches) on hard bottoms (other than living corals).

(ii) No thicker than an equivalent of ten millimeters (0.40 inches) on soft bottoms.

(D) The director shall determine parameters, measures, and criteria for bottom biological communities which may be affected by proposed actions. Permanent benchmark stations may be required where necessary for monitoring purposes. The water quality standards for this subsection shall be deemed to be met if time series surveys of benchmark stations indicate no relative changes in the relevant biological communities, as noted by biological community indicators or by indicator organisms which may be applicable to the specific site.

(d) Artificial basins.

(1) As used in this subsection:

"Artificial basins" means dredged or quarried channels or harbors, and harbor-associated submerged structures. Many organisms can attach to the vertical structures, but the soft, shifting sediment" bottoms of harbors may only be colonized by a few hardy or transient species.

(2) Class II water areas to be protected are as follows:

(A) Shallow draft harbors:

Hawaii

Maui

Wailoa River Boat

Maalaea Boat

Harbor

Harbor

Mahukona Harbor

Lahaina Boat

Keauhou Harbor

Harbor

Kailua-Kona Harbor

Hana Harbor

Honokohau Boat Harbor

 

Kawaihae Boat Harbor

Lanai

 

Manele Boat

 

Harbor

 

Kaumalapau

 

Harbor

Molokai

Kalaupapa Anchorage

Kaunakakai Small Boat Harbor

Hale o Lono Harbor

Oahu

Heeia Kea Boat Harbor

Kaneohe Marine Corps Air Station

Kaneohe Yacht Club

Hawaii Kai Marina (Kuapa Pond)

Pokai Bay

Waianae Boat Harbor

Keehi Marine Center

La Mariana Sailing Club

Haleiwa Harbor

Makani Kai Marina

Keehi Boat Harbor

Ala Wai Boat Harbor:

Ala Wai Fuel Dock

Hawaii Yacht Club

Waikiki Yacht Club

Ko Olina

Kauai

Nawiliwili Small Boat Harbor

Kukuiula Boat Harbor

Kikiaola Boat Harbor

Port Allen Boat Harbor

(B) Deep draft commercial harbors:

Hawaii

Kuhio Bay (Hilo Harbor)

Kawaihae Deep Draft Harbor

Maui

Kahului Harbor

Molokai

Kaunakakai Barge Harbor

Oahu

Honolulu Harbor

Barbers Point Harbor

Kewalo Basin

Kauai

Nawiliwili Harbor

Port Allen Harbor

(3) Specific criterion to be applied -Oxidation-reduction potential (EH) in the uppermost ten centimeters (four inches) of sediment shall not be less than -100 millivolts.

(e) Reef flats and reef communities.

(1) As used in this subsection:

"Nearshore reef flats" means shallow platforms of reef rock, rubble, and sand extending from the shoreline. Smaller, younger flats projected out as semicircular aprons while older, larger flats form wide continuous platforms. Associated animals are mollusks, echinoderms, worms, crustaceans (many living beneath the surface), and reef-building corals. "Offshore reef flats" means shallow, submerged platforms of reef rock and sand between depths of zero to three meters (zero to ten feet) which are separated from the shoreline of high volcanic islands by

lagoons or ocean expanses. Dominant organisms are bottom-dwelling algae. Biological composition is extremely variable. There are three types: patch, barrier, and atoll reef flats; quite different from one another structurally. The presence of heavier wave action, water more oceanic in character, and the relative absence of terrigenous influences distinguish offshore reef flats. "Protected reef communities" means hard bottom aggregations, including scattered sand channels and patches, dominated by living coral thickets, mounds, or platforms. They are found at depths of ten to thirty meters (thirty-two to ninety-six feet) along protected leeward coasts or in shallow water (up to sea level) in sheltered lagoons behind atoll or barrier reefs and in the calm reaches of bays or coves. "Wave-exposed reef communities" means aggregations, including scattered sand channels and patches, dominated by corals. They may be found at depths up to forty meters (approximately one hundred thirty feet) along coasts subject to continuous or heavy wave action and surge. Wave-exposed reef communities are dominated biologically by benthic algae, reef-building corals, and echinoderms.

(2) Water areas to be protected:

(A) Class I.

(i) All reef flats and reef communities in preserves, reserves, sanctuaries, and refuges established by the department of land and natural resources under chapter 195 or chapter 190, HRS, or similar reserves for the protection of marine life under chapter 190, HRS, as amended; or

in refuges or sanctuaries established by the U.S. Fish anc Wildlife Service or the National Marine Fisheries Service;

(ii) Nearshore reef flats:

Hawaii

Maui

Puako

Honolua

Lanai

Oahu

Northwest Lanai Reef

Hanauma Bay

Molokai

Kauai

Western Kalaupapa

Nualolokai

Southeast Molokai Reef

Hanalei

Honomuni Harbor

(Anini to

Kulaalamihi Fishpond

Haena)

(iii) Offshore reef flats:

Moku o Loe (Coconut Island,

Kaneohe Bay, Oahu)

Kure Atoll

Pearl and Hermes Atoll

Lisianski Island

Laysan Island

Maro Reef

French Frigate Shoals

(iv) Wave exposed reef communities:

Hawaii

1823 Lava Flow (Punaluu)

1840 Lava Flow (North Puna)

1868 Lava Flow (South Point)

1887 Lava Flow (South Point)

1955 Lava Flow (South Puna)

1960 Lava Flow (Kapoho)

1969 Lava Flow (Apuna Point)

1970 Lava Flow (Apuna Point)

1971 Lava Flow (Apuna Point)

1972 Lava Flow (Apuna Point)

1973 Lava Flow (Apuna Point)

Maui

Hana Bay

Makuleia Bay (Honolua)

Molokini Island

All wave exposed reef communities

Molokai

Moanui Kahinapohaku Waikolu -

Kalawao

Halawa Bay

Oahu

Sharks Cove (Pupukea)

Moku Manu (Islands)

Outer Hanauma Bay

Waimea Bay

Kawela Bay

Kahana Bay

Kauai

Ke'e Beach

Poipu Beach

Kipu Beach

Niihau

All wave exposed communities

Lehua (off Niihau)

All wave exposed communities

(v) Protected reef communities:

Hawaii

Puako

Honaunau

Kealakekua

Kiholo

Anaehoomalu

Hapuna

Kahaluu Bay

Keaweula (North Kohala)

Milolii Bay to Keawaiki

Kailua-Kaiwi (Kona)

Onomea Bay

1801 Lava Flow (Keahole or Kiholo)

1850 Lava Flow (South Kona)

1859 Lava Flow (Kiholo)

1919 Lava Flow (Milolii)

1926 Lava Flow (Milolii)

Maui

Honolua

Ahihi-La Perouse (including 1790

Lava Flow at Cape Kinau)

Molokini Island

All protected reef communities

Lanai

Manele

Hulopoe

Molokai Oahu

Southeast Molokai Hanauma Bay

Kalaupapa Moku o Loe

Honomuni Harbor (Coconut Island,

Kaneohe Bay)

Kauai

Hoai Bay (Poipu)

Northwestern Hawaiian Islands

Kure Atoll Lagoon

Pearl and Hermes Lagoon

Lisianski Lagoon

Maro Reef Lagoon

French Frigate Shoals Lagoon

(B) Class II.

(i) Existing or planned harbors may be located within nearshore reef flats showing degraded habitats and only where feasible alternatives are lacking and upon written approval by the director,

considering environmental impact and the public interest pursuant to section 342D-6, HRS.

Hawaii

Maui

Blonde Reef (Hilo Harbor)

Lahaina

Kawaihae Small Boat Harbor

Harbor

 

Kahului

 

Harbor

Lanai

Manele

Molokai

Kaunakakai Harbor

Hale o Lono Harbor

Palaau (2.4 kilometers/1.5 mile, east of Pakanaka Fishpond)

Oahu

Keehi Boat Harbor

Ala Moana Reef

Honolulu Harbor

Heeia Harbor

Kaneohe Yacht Club

Ala Wai Harbor

Haleiwa Boat Harbor

Maunalua Bay

Pearl Harbor

Kaneohe Bay

Kahe

All other nearshore reef flats not in Class I;

(ii) Offshore reef flats:

Oahu

Kapapa Barrier Reef

Kaneohe Patch Reefs (Kaneohe Bay)

(iii) All other wave exposed or protected reef communities not in Class I.

(3) Specific criteria to be applied to all reef flats and reef communities: No action shall be undertaken which would substantially risk

damage, impairment, or alteration of the biological characteristics of the areas named herein. When a determination of substantial risk is made by the director, the action shall be declared to be contrary to the public interest and no other permits shall be issued pursuant to chapter 342D, HRS.

(A) Oxidation-reduction potential (EH) in the uppermost ten centimeters (four inches) of sand patches shall not be less than +100 millivolts;

(B) No more than fifty per cent of the grain size distribution of sand patches shall be smaller than 0.125 millimeters in diameter;

(C) Episodic deposits of flood-borne soil sediment shall not occur in quantities exceeding equivalent thicknesses for longer than twenty-four hours after a heavy rainstorm as follows:

(i) No thicker than an equivalent of two millimeters (0.08 inches) on living coral surfaces;

(ii) No thicker than an equivalent of five millimeters (0.2 inches) on other hard bottoms;

(iii) No thicker than an equivalent of ten millimeters (0.4 inches) on soft bottoms;

(D) The director shall determine parameters, measures, and criteria for bottom biological communities which may be affected by proposed actions. The location and boundaries of each bottom-type class shall be clarified when situations require their identification. For example, the location and boundaries shall be clarified when a discharge permit is applied for or a waiver pursuant to

Section 301(h) of the Federal Water Pollution Control Act of 1972 (33 U.S.C. 1251 et seq.) is required. Permanent benchmark stations may be required where necessary for monitoring purposes. The water quality standards for this subsection shall be deemed to be met if time series surveys of benchmark stations indicate no relative changes in the relevant biological communities, as noted by biological community indicators or by indicator organisms which may be applicable to the specific site.

(f) Soft bottom communities.

(1) As used in this subsection:

"Soft bottom communities" means poorly described and "patchy" communities, mostly of burrowing organisms, living in deposits at depths between two to forty meters (approximately six to one hundred thirty feet). The particle size of sediment, depth below sea level, and degree of water movement and associated sediment turnover dictate the composition of animals which rework the bottom with burrows, trails, tracks, ripples, hummocks, and depressions.

(2) Water areas to be protected:

Class II - All soft bottom communities.

(3) Specific criteria to be applied - Oxidation-reduction potential (EH) in the uppermost ten centimeters (four inches) of sediment should not be less than -100 millivolts. The location and boundaries of each bottom-type class shall be clarified when situations require their identification. For example, the location and boundaries shall be clarified when a discharge permit is applied for or a waiver pursuant to Section 301(h) of the Act is required.

        [Eff 11/12/82; am and comp 10/6/8 4; 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; 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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