STATE OF HAWAII OFFICE OF PLANNING
HAWAII COASTAL ZONE MANAGEMENT PROGRAM
To: Hawaii CZM Program Resource Agencies and Public at Large
From: Jesse K. Souki, Director, State of Hawaii Office of Planning
Subject: Notice of Routine Program Change to the Hawaii Coastal Zone Management Program; General Concurrence for Hawaiian Fishpond Restoration Activities
In 1978, the National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce, approved the Hawaii Coastal Zone Management (CZM) Program. As a result, any required federal license or permit activity affecting any coastal use or resource must be conducted in a manner consistent with the enforceable policies of the Hawaii CZM Program. As required by federal regulations (15 CFR Part 930) the Hawaii CZM Program established a list of federal license and permit activities which affect coastal uses or resources, and which are subject to federal consistency review.
Periodic changes to the Hawaii CZM Program are necessary to address new challenges, strengthen the management regime, clarify provisions, or otherwise modify management of activities affecting coastal resources. In this regard, the Hawaii CZM Program is modifying its list of federal licenses and permits subject to federal consistency review by issuing a general concurrence for Hawaiian fishpond restoration activities which meet the specified scope and conditions. To assure that these changes are in keeping with the State’s CZM law, HRS Chapter 205A, and the National CZM objectives and policies (CZM Act, 16 USC §1456), federal regulations require changes to be submitted for federal review and concurrence before they are officially incorporated into the State’s CZM program. The regulations also require a public notice that lists the changes to be posted for the general public and affected parties.
The Hawaii CZM Program concludes that incorporation of the submitted change will not result in a substantial change to one or more of the five program approvability areas identified in of 15 CFR Part 923, Subparts B – F. The incorporation of the submitted change will increase the ability of the State of Hawaii to manage, preserve, and sustain coastal resources.
Accordingly, this notice summarizes the routine program change to the Hawaii CZM Program that is being submitted for federal review and concurrence. The entire routine program change submittal and general concurrence is available for review during office hours, 7:45 a.m. – 4:30 p.m., at the Office of Planning, Leiopapa A Kamehameha Building (State Office Tower), 235 S. Beretania Street, 6th Floor, Honolulu, and may also be viewed online at: http://hawaii.gov/dbedt/czm.
The following is a summary description of the routine program change. No new federal permits are being added to the list, nor are any permits being removed from the list. The proposed change is underscored.
Hawaii List of Federal Licenses and Permits Subject to Federal Consistency Review
U.S. Army Corps of Engineers permits required under:
Rivers and Harbors Act of 1899, Sections 9, 10 and 11
Marine Protection, Research and Sanctuaries Act of 1972, Section 103
Federal Water Pollution Control Act of 1972 and amendments, Section 404
General Concurrence for Federal Permit Activities for Hawaiian Fishpond Restoration, Repair, Maintenance and Reconstruction: CZM federal consistency general concurrence applies to federal permit activities for the restoration, repair, maintenance and reconstruction of existing Hawaiian fishponds, subject to the applicable geographic areas and the relevant conditions. Federal permit activities which satisfy the conditions of the general concurrence are not subject to the consistency certification and review requirements of 15 CFR Part 930, Subpart D – Consistency for Activities Requiring a Federal License or Permit.
Interested parties have three weeks from the date of this notice to submit their comments, by April 12, 2013, to the federal Office of Ocean and Coastal Resource Management (OCRM), NOAA, on whether the proposed modification should be considered a routine program change as defined in 15 CFR §923.84. OCRM will determine the significance of the change and decide whether it will be incorporated into the State’s approved CZM Program.
Comments should be submitted to:
Ms. Joelle Gore, Acting Chief
Coastal Programs Division
NOAA Office of Ocean and Coastal Resource Management
1305 East-West Highway
N/ORM3, SSMC4, Room 11305
Silver Spring, MD 20910
A copy of the comments should also be submitted to the Office of Planning, Attention: Routine Program Change, P.O. Box 2359, Honolulu, Hawaii 96804. For more information, please call John Nakagawa of the Hawaii CZM Program at (808) 587-2878.