Section 13-60.11-3 - Boundaries(a) The Kipahulu CBSFA includes that portion of the southeast coast of the island of Maui consisting of all state waters and submerged lands from Kalepa Gulch in the west to Pua'alu'u Gulch in the east, from the shoreline out to approximately 60 meters in depth. The boundaries of the Kipahulu CBSFA are described by western and eastern boundary lines, landward and seaward boundary lines, and five reference points (A, G, H, I, and J) identified by their latitude and longitude coordinates as follows: (1) Point A is the westernmost point of the Kipahulu CBSFA along the shoreline, located at 20.646167°, -156.086300.(2) Point G is the easternmost point of the Kipahulu CBSFA along the shoreline, located at 20.667318°, -156.040689°.(3) The landward boundary of the Kipahulu CBSFA is an imaginary line drawn along the shoreline from Point A to Point G.(4) The western boundary of the Kipahulu CBSFA is an imaginary straight line drawn perpendicular to the shore at Point A out to Point H, located on the 60-meter depth contour at 20.637752°, -156.080016°.(5) The seaward boundary of the Kipahulu CBSFA consists three points along the 60-meter depth contour connected by imaginary straight lines beginning at Point H; then to Point I, located at 20.639762°, -156.049777°; then to Point J, located at 20.658495°, -156.028482°.(6) The eastern boundary of the Kipahulu CBSFA consists of an imaginary straight line drawn perpendicular to the shore at Point G to Point J. The foregoing boundaries and reference points are shown on Exhibit B entitled "Map of the Kipahulu Community-Based Subsistence Fishing Area, Maui", dated 4/20/23, located at the end of this chapter.
(b) The following sub-zones are established within the Kipahulu CBSFA: (1) The Kukui Bay Sanctuary, which includes all state waters and submerged lands bounded by the shoreline boundary of the Kipahulu CBSFA from Puhilele Point in the west at 20.654171°, -156.045763° (Point B) to a point on the inside of Kukui Bay at 20.658259°, -156.045675° (Point D), a straight line from Point D to Submarine Point in the west at 20.656429°, -156.046071° (Point C), and a straight line from Submarine Point at Point C to Puhilele Point at Point B; as shown on Exhibit C entitled "Map of the Kukui Bay Sanctuary and 'Opihi Rest Area", dated 4/20/23, located at the end of this chapter.(2) The 'Opihi Rest Area, which includes all state waters and submerged lands within 300 feet from the shoreline between an imaginary line that extends seaward, perpendicular from the shoreline at Point E to 20.658366°, -156.043053° (Point EE) and an imaginary line that extends seaward, perpendicular from the shoreline at Point F to 20.661982°, -156.039876° (Point FF); as shown on Exhibit C entitled "Map of Kipahulu CBSFA Kukui Bay Sanctuary and 'Opihi Rest Area", dated 4/20/23, 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, as indicated by the vegetation line. 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. § 13-60.11-3
[Eff 3/25/2024] (Auth: HRS §§ 188-22.6, 188-53, 190-3) (Imp: HRS §§ 187A-1.5, 188-22.6, 190-3)