Section 13-60.10-3 - Boundaries(a) The Miloli'i Community-Based Subsistence Fishing Area (Miloli'i CBSFA) includes that portion of the southwestern coast of Hawai'i Island consisting of all state waters and submerged lands bounded by a shoreline boundary consisting of a line drawn along the highwater mark at the shoreline between Pa'akai Point at Kapahoehoe in the north at 19.250944°N, -155.899417°W (Point A) to Kauna in the south at 19.033639°N, -155.878791°W (Point M); a north boundary consisting of a straight line that extends seaward from the shoreline boundary at Pa'akai Point at Point A to a depth of 100 fathoms at 19.250943°N, -155.912689°W (Point AA); a seaward boundary consisting of a line that follows the 100-fathom depth contour along the southwest coast of Hawai'i Island from Point AA in the north to 19.027376°N, -155.883067°W (Point MM) in the south; and a south boundary consisting of a straight line that connects the shoreline boundary at Kauna (Point M) to the seaward boundary at Point MM; as shown on Exhibit A entitled "Map of the Miloli'i Community Based Subsistence Fishing Area, Hawai'i", dated 1/31/22, located at the end of this chapter. (b) The following sub-zones are established within the Miloli'i CBSFA: (1) The "'Opelu Traditional Management Zone", which includes all state waters and submerged lands bounded by the shoreline boundary of the Miloli'i CBSFA from Napohakuloloa (also known as 2-Stone) in the north at 19.234444°N, -155.901000°W (Point B) to Kaki'o Point (also known as Kaupo) in the south at 19.134422°N, -155.917339°W (Point J); the seaward boundary of the Miloli'i CBSFA from 19.234176°N, -155.911939°W (Point BB) in the north to 19.134699°N, -155.929158°W (Point JJ) in the south; a straight line in the north from Napohakuloloa at Point B to the seaward boundary of the Miloli'i CBSFA at Point BB; and a straight line in the south from Kaki'o Point at Point J to the seaward boundary of the Miloli'i CBSFA at Point JJ; as shown on Exhibit B entitled "Map of the 'Opelu Traditional Management Zone", dated 1/31/22, located at the end of this chapter.(2) The "Pu'uhonua Papa", which includes all state waters and submerged lands bounded by the shoreline boundary of the Miloli'i CBSFA from Lae o Kamimi in Papa Bay at 19.226028°N, -155.902694°W (Point C) in the north to Makahiki Point at 19.202940°N, -155.906161°W (Point D) in the south; the seaward boundary of the Miloli'i CBSFA from 19.226079°N, -155.911577°W (Point CC) in the north to 19.203068°N, -155.914627°W (Point DD) in the south; a straight line in the north from Lae o Kamimi at Point C to the seaward boundary of the Miloli'i CBSFA at Point CC; and a straight line in the south from Makahiki Point at Point D to the seaward boundary of the Miloli'i CBSFA at Point DD; as shown on inset 2 of Exhibit C entitled "Map of Miloli'i CBSFA Pu'uhonua Areas", dated 1/31/22, located at the end of this chapter. (3) The "Paku'iku'i Rest Area", which includes all state waters and submerged lands bounded by the shoreline boundary of the Miloli'i CBSFA from Makahiki Point at Point D in the north to Kapulau (also known as Honomalino Point) at 19.172940°N, -155.908801°W (Point G) in the south; the seaward boundary of the Miloli'i CBSFA from Point DD in the north to 19.176530°N, -155.926281°W (Point GG) in the south; a straight line in the north from Makahiki Point at Point D to the seaward boundary of the Miloli'i CBSFA at Point DD; and a straight line in the south from Honomalino Point at Point G to the seaward boundary of the Miloli'i CBSFA at Point GG; as shown on Exhibit D entitled "Map of the Paku'iku'i Rest Area and Puakai'a Miloli'i", dated 1/31/22, located at the end of this chapter.(4) "Puakai'a Miloli'i", which includes all state waters and submerged lands bounded by the shoreline boundary of the Miloli'i CBSFA from Kapukawa'aiki (also known as the Miloli'i Lighthouse) at 19.187033°N, -155.908020°W (Point E) in the north to Lae Loa at 19.181003°N, -155.908853°W (Point F) in the south; the seaward boundary of the Miloli'i CBSFA from 19.187989°N, -155.918099°W (Point EE) in the north to 19.183264°N, -155.920992°W (Point FF) in the south; a straight line in the north from Kapukawa'aiki at Point E to the seaward boundary of the Miloli'i CBSFA at Point EE; and a straight line in the south from Lae Loa Point at Point F to the seaward boundary of the Miloli'i CBSFA at Point FF; as shown on Exhibit D entitled "Map of the Paku'iku'i Rest Area and Puakai'a Miloli'i", dated 1/31/22, located at the end of this chapter.(5) The "Pu'uhonua Honomalino", which includes all state waters and submerged lands bounded by the shoreline boundary of the Miloli'i CBSFA from Kapulau (also known as Honomalino Point) at Point G in the north to Puke'oke'o (also known as Pohaku Ke'oke'o) at 19.161944°N, -155.912903°W (Point H) in the south; the seaward boundary of the Miloli'i CBSFA from Point GG in the north to 19.163768°N, -155.929541°W (Point HH) in the south; a straight line in the north from Kapulau at Point G to the seaward boundary of the Miloli'i CBSFA at Point GG; and a straight line in the south from Puke'oke'o at Point H to the seaward boundary of the Miloli'i CBSFA at Point HH; as shown on inset 1 of Exhibit C entitled "Map of Miloli'i CBSFA Pu'uhonua Areas", dated 1/31/22, located at the end of this chapter.(6) The "Pu'uhonua Kapu'a", which includes all state waters and submerged lands bounded by the shoreline boundary of the Miloli'i CBSFA from Kalapili (Okoe Bay) at 19.147823°N, -155.910996°W (Point I) in the north to Kaki'o Point (also known as Kaupo) at Point J in the south; the seaward boundary of the Miloli'i CBSFA from 19.149582°N, -155.929769°W (Point II) in the north to Point JJ in the south; a straight line in the north from Kalapili at Point I to the seaward boundary of the Miloli'i CBSFA at Point II; and a straight line in the south from Kaki'o Point at Point J to the seaward boundary of the Miloli'i CBSFA at Point JJ; as shown on inset 1 of Exhibit C entitled "Map of Miloli'i CBSFA Pu'uhonua Areas", dated 1/31/22, located at the end of this chapter.(7) The "Pu'uhonua Manuka", which includes all state waters and submerged lands bounded by the shoreline boundary of the Miloli'i CBSFA from Kamoi Point (north point of Manuka Bay) at 19.078090°N, -155.905953°W (Point K) to the south point of Manuka Bay at 19.075940°N, -155.900410°W (Point L); the seaward boundary of the Miloli'i CBSFA from 19.074411°N, -155.912682°W (Point KK) in the north to 19.069717°N, -155.909436°W (Point LL) in the south; a straight line from Kamoi Point at Point K to the seaward boundary of the Miloli'i CBSFA at Point KK; and a straight line from the south point of Manuka Bay at Point L to the seaward boundary of the Miloli'i CBSFA at Point LL; as shown on inset 3 of Exhibit C entitled "Map of Miloli'i CBSFA Pu'uhonua Areas", dated 1/31/22, located at the end of this chapter. (c) For the purposes of this chapter, the shoreline shall be determined by the upper reaches of the wash of the waves on shore. Should there be a stream or river flowing into the ocean, the shoreline shall be determined by an imaginary straight line drawn between the upper reaches of the wash of the waves on either side of the stream or river. Haw. Code R. § 13-60.10-3
[Eff 8/13/2022] (Auth: HRS §§ 188-22.6, 188-22.7, 188-53, 190-3) (Imp: HRS §§ 187A-1.5, 188-22.6, 188-22.7, 1903)