Section 13-60.4-2 - Geographical jurisdiction of chapter provisions(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 1354;(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; 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 resource or any other department of the State.[Eff 12/26/13; am 7/29/16] (Auth: HRS §§ 187A-5, 188-53, 188F-6) (Imp: HRS §§ 187A-5, 188-53, 188F-2, 188F-3, 188F-4, 188F-6)Comp 3/11/2023 (Auth: HRS § 190-3) (Imp: HRS § 190-3)