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Notice #: 0000080536-01
Public Notices

Hawaii Coastal Zone Management (CZM) Program

TO: Hawaii CZM Program Resource Agencies and Public at Large
FROM: Abbey Seth Mayer, Director, Office of Planning
SUBJECT: Notice of Routine Program Changes to Hawaii’s CZM Program
Hawaii’s CZM Program is a management guide for the use, protection, and development of the land and water resources in the State’s coastal zone. Essentially, the CZM Program is a shared management regime of State and County regulatory systems that present the State’s perspective on uses of the coastal zone. Hawaii’s coastal zone area encompasses the entire State with an administrative exception of federal lands. It includes all archipelagic waters, submerged lands and extends seaward to the limit of the State’s jurisdiction, as defined in Chapter 205A, Hawaii Revised Statutes (HRS).
In 1978, Hawaii’s CZM Program was formally approved by the National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce. As a result, Hawaii became eligible and has been receiving federal CZM Program funds to assist in the administration of its approved management program. In addition, federal actions which have reasonably foreseeable effect on any land, water, or natural resource within the coastal zone must be consistent to the maximum extent practicable with the enforceable policies of the CZM Program’s approved management program.
From time to time, clarification and improvements are made to the CZM Program. To assure that the changes are in keeping with the State’s CZM law (205A, HRS) and the National CZM objectives and policies (CZMA, 16 USC § 1456), Federal regulations require the changes to be submitted for federal review and concurrence before they are officially incorporated into the State’s program. The regulations also require a public notice to the general public and affected parties that lists the changes. The Hawaii CZM Program believes that the proposed changes are routine in nature and will not result in a substantial change to one or more of the five program approvability areas identified in Part 923, subparts B through F. Accordingly, this notice summarizes the proposed CZM-related legal routine program changes that are being submitted for federal review and concurrence. This proposal of routine program changes is based on the understanding that the 1990 update of the CZM Program supersedes all other CZM Program documents.
The federal office of Ocean and Coastal Resource Management (OCRM) of NOAA will determine the significance of the changes and decide whether they will be incorporated into the State’s approved CZM Program. The following are brief descriptions of the proposed changes.

Enforceable Policy: Chapter 342E, HRS
Reference: SLH 1993, Act 345
Relating to: Non-point Source Water Pollution

Marine Life Conservation District and Marine Fisheries Management Area (FMA)
HAR Chapter 13-38–Waiopae Tidepools Marine Life Conservation District, Hawaii
HAR Chapter 13-49–Hanamaulu Bay and Ahukini Recreation Pier, Kauai Marine FMA
HAR Chapter 13-49.5–Port Allen, Kauai Marine FMA
HAR Chapter 13-49.6–Nawiliwili Harbor, Kauai Marine FMA
HAR Chapter 13-50–Waimea Bay and Waimea Recreational Pier, Kauai Marine FMA
HAR Chapter 13-51–Kahului Harbor, Maui, Marine FMA
HAR Chapter 13-52–Kailua Bay, Hawaii, Marine FMA
HAR Chapter 13-53–Manele Harbor, Lanai, Marine FMA
HAR Chapter 13-54–Puako Bay and Puako Reef, Hawaii, Marine FMA
HAR Chapter 13-55–Kawaihae Harbor, Hawaii, Marine FMA
HAR Chapter 13-56–Kaunakakai Harbor, Hawaii, Marine FMA
HAR Chapter 13-57–Keauhou Bay, Hawaii, Marine FMA
HAR Chapter 13-58–Kona Coast, Hawaii, Marine FMA
HAR Chapter 13-60–Kiholo Bay, Hawaii, Marine FMA
HAR Chapter 13-60.5, Northwestern Hawaiian Islands Marine Refuge
HAR Chapter 13-92, Opihi, Protected Marine Fisheries Resources
HAR Chapter 13-100, Oopu and Hinana, Protected Freshwater Fisheries Resources
HAR Chapter 13-104, Activities within Forest Reserves

County of Hawaii
, Planning Department Rule, Chapter 11, Shoreline Setbacks, Effective 01/19/1997
City and County of Honolulu, City Ordinance 07-022, Relating to International Building Code & International Residential Cod, Effective 09/18/2007

Enforceable Policy: Chapter 6E, HRS
Reference: SLH 2005, Act 128
Relating to: Violations of Chapter 6E
Enforceable Policy: Chapter 115, HRS
Reference: SLH 2004, Act 169
Relating to: Public Access
Enforceable Policy: Chapter 205A-71, HRS
Reference: SLH 2005, Act 224
Relating to: Coastal Light Pollution
Enforceable Policy: Chapter 342D, HRS
Reference: SLH 2005, Act 217
Relating to: Cruise Ships

HAR Chapter 11-55, Water Pollution Control, Effective 07/14/2005
HAR Chapter 11-62, Wastewater Systems, Effective 12/09/2004
HAR Chapter 13-60.3, West Hawaii Regional Fisheries Management Area, Effective 04/22/2005
HAR Chapter 13-75, Rules Regulating the Possession and Use of Certain Fishing Gear, Protected
Fisheries Resource Management, Effective 01/11/2002
HAR Chapter 13-222, Shoreline Certifications, Effective 03/29/2003
HAR Chapter 13-232, Sanitation & Fire Safety, Effective 04/22/2004
HAR Chapter 13-261, Kahoolawe Island Reserve, Effective 07/06/2002

County of Maui
, Maui County Code (MC)
MC 12-202, SMA Rules for the Maui Planning Commission, Effective 01/01/1994
MC 12-203, Shoreline Rules for the Maui Planning Commission, Effective 11/27/2003
MC 12-402, SMA Rules for the Lanai Planning Commission, Effective 01/30/1994
MC 12-403, Shoreline Setback Rules for Lanai Planning Commission, Effective 01/01/1996
MC 12-302, SMA Rules for the Molokai Planning Commission, Effective 03/12/1994
MC 12-04, Shoreline Setback Rules for the Molokai Planning Commission, Effective 08/10/1991
MC 20, Soil Erosion and Sedimentation Control, Effective 07/14/2003
County of Hawaii, Planning Commission Rule 9, SMA Rules for the Planning Commission, Effective 09/22/2006

Interested parties have three (3) weeks from the date of this notice to submit their comments to OCRM on whether these should be considered Routine Program Changes as defined in 15 CFR 923.84. Copies of the entire statutes, ordinances and rules are available for review during office hours at the Office of Planning’s CZM Office, 6th Floor, Leiopapa A Kamehameha Building (State Office Tower), 235 S. Beretania, Honolulu. For more information, call the CZM Program at 587-2846.

Comments should be submitted to:
Mr. Kerry Kehoe
Coastal Programs Division, N/ORM3
Office of the Ocean and Coastal Resource Management
NOAA Ocean Service
1305 East-West Highway
Silver Spring, MD 20910
We would appreciate copies of the comments to OCRM, also be sent to the Office of Planning, P.O. Box 2359, Honolulu, Hawaii 96804, Attention: Routine Program Changes.
(SB80536 11/5/08)~