HAR §11-54-7. established by the U

S. Fish and Wildlife Service or the National Fisheries Service; and (ii) Hawaii Honaunau Kiholo (B) Class II. Hawaii Kalapana Pohakuloa Kapalaoa Kapoho King's Landing (Papai) Hilo Leileiwi Point Wailua Bay Maui Hana Keanae Napili Puu Olai to Cape Hanamanioa Kipahulu Molokai Cape Halawa Kalaupapa South Coast Oahu Diamond Head Halona Blowhole to Makapuu Mokuleia Kaena Point Makua Punaluu 54-54 0435 §11-54-7 Kauai Kealia Mahaulepu Hanamaulu Poipu Puolo Point (3) The following criteria are specific to marine pools and protected coves: (A) In marine pools and coves with sand bottoms, oxidation-reduction potential (EH) in the uppermost ten centimeters (four inches) of sediment shall not be less than +100 millivolts. (B) In marine pools and coves with sand bottoms, no more than fifty per cent of the grain size distribution of the sediment shall be smaller than 0.125 millimeters in diameter. (C) Episodic deposits of flood-borne soil sediment shall not occur in quantities exceeding equivalent thicknesses for longer than twenty-four hours following a heavy rainstorm according to the following: (i) No thicker than an equivalent of five millimeters (0.20 inches) on hard bottoms (other than living corals). (ii) No thicker than an equivalent of ten millimeters (0.40 inches) on soft bottoms. (D) The director shall determine parameters, measures, and criteria for bottom biological communities which may be affected by proposed actions. Permanent benchmark stations may be required where necessary for monitoring purposes. The water quality standards for this subsection shall be deemed to be met if time series surveys of 54-55 3435 图 §11-54-7 benchmark stations indicate no relative changes in the relevant biological communities, as noted by biological community indicators or by indicator organisms which may be applicable to the specific site. (d) Artificial basins. (1) As used in this subsection, "artificial basins" means dredged or quarried channels or harbors, and harbor-associated submerged structures. Many organisms can attach to the vertical structures, but the soft, shifting sediment bottoms of harbors may only be colonized by a few hardy or transient species. (2) Class II water areas to be protected are as follows: (A) Shallow draft harbors: Hawaii Wailoa River Boat Harbor Mahukona Harbor Keauhou Harbor Kailua-Kona Harbor Honokohau Boat Harbor Kawaihae Boat Harbor Maui Maalaea Boat Harbor Lahaina Boat Harbor Hana Harbor Lanai Manele Boat Harbor Kaumalapau Harbor Molokai Kalaupapa Anchorage Kaunakakai Small Boat Harbor Hale o Lono Harbor 54-56 3435 §11-54-7 Oahu Heeia Kea Boat Harbor Kaneohe Marine Corps Air Station Kaneohe Yacht Club Hawaii Kai Marina (Kuapa Pond) Pokai Bay Waianae Boat Harbor Keehi Marine Center La Mariana Sailing Club Haleiwa Harbor Makani Kai Marina Keehi Boat Harbor Ala Wai Boat Harbor: Ala Wai Fuel Dock Hawaii Yacht Club Waikiki Yacht Club Ko Olina Kauai Nawiliwili Small Boat Harbor Kukuiula Boat Harbor Kikiaola Boat Harbor Port Allen Boat Harbor (B) Deep draft commercial harbors: Hawaii Kuhio Bay (Hilo Harbor) Kawaihae Deep Draft Harbor Maui Kahului Harbor Molokai Kaunakakai Barge Harbor Oahu Honolulu Harbor Barbers Point Harbor Kewalo Basin 54-57 3435 §11-54-7 # Kauai Nawiliwili Harbor Port Allen Harbor (3) Specific criterion to be applied - Oxidation-reduction potential (EH) in the uppermost ten centimeters (four inches) of sediment shall not be less than -100 millivolts. (e) Reef flats and reef communities. (1) As used in this subsection: "Nearshore reef flats" means shallow platforms of reef rock, rubble, and sand extending from the shoreline. Smaller, younger flats projected out as semi-circular aprons while older, larger flats form wide continuous platforms. Associated animals are mollusks, echinoderms, worms, crustaceans (many living beneath the surface), and reef-building corals. "Offshore reef flats" means shallow, submerged platforms of reef rock and sand between depths of zero to three meters (zero to ten feet) which are separated from the shoreline of high volcanic islands by lagoons or ocean expanses. Dominant organisms are bottom-dwelling algae. Biological composition is extremely variable. There are three types: patch, barrier, and atoll reef flats; quite different from one another structurally. The presence of heavier wave action, water more oceanic in character, and the relative absence of terrigenous influences distinguish offshore reef flats. "Protected reef communities" means hard bottom aggregations, including scattered sand channels and patches, dominated by living coral thickets, mounds, or platforms. They are found at depths of ten to thirty meters (thirty-two to ninety-six feet) along 54-58 13435 §11-54-7 protected leeward coasts or in shallow water (up to sea level) in sheltered lagoons behind atoll or barrier reefs and in the calm reaches of bays or coves. "Wave-exposed reef communities" means aggregations, including scattered sand channels and patches, dominated by corals. They may be found at depths up to forty meters (approximately one hundred thirty feet) along coasts subject to continuous or heavy wave action and surge. Wave-exposed reef communities are dominated biologically by benthic algae, reef-building corals, and echinoderms. (2) Water areas to be protected: (A) Class I. (i) All reef flats and reef communities in preserves, reserves, sanctuaries, and refuges established by the state department of land and natural resources under chapter 195 or chapter 190, HRS, or similar reserves for the protection of marine life under chapter 190, HRS, as amended; or in refuges or sanctuaries established by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service; (ii) Nearshore reef flats: Hawaii Puako Lanai Northwest Lanai Reef 54-59 3435 §11-54-7 Molokai Western Kalaupapa Southeast Molokai Reef Honomuni Harbor Kulaalamihi Fishpond Maui Honolua Oahu Hanauma Bay Kauai Nualolokai Hanalei (Anini to Haena) (iii) Offshore reef flats: Moku o Loe (Coconut Island, Kaneohe Bay, Oahu) Kure Atoll Pearl and Hermes Atoll Lisianski Island Laysan Island Maro Reef French Frigate Shoals (iv) Wave exposed reef communities: Hawaii 1823 Lava Flow (Punaluu) 1840 Lava Flow (North Puna) 1868 Lava Flow (South Point) 1887 Lava Flow (South Point) 1955 Lava Flow (South Puna) 1960 Lava Flow (Kapoho) 1969 Lava Flow (Apuna Point) 1970 Lava Flow (Apuna Point) 1971 Lava Flow (Apuna Point) 1972 Lava Flow (Apuna Point) 1973 Lava Flow (Apuna Point) 54-60 3435 §11-54-7 Maui Hana Bay Makuleia Bay (Honolua) Molokini Island All wave exposed reef communities Molokai Moanui Kahinapohaku Waikolu - Kalawao Halawa Bay Oahu Sharks Cove (Pupukea) Moku Manu (Islands) Outer Hanauma Bay Waimea Bay Kawela Bay Kahana Bay Kauai Kee Beach Poipu Beach Kipu Beach Niihau All wave exposed communities Lehua (off Niihau) All wave exposed communities (v) Protected reef communities: Hawaii Puako Honaunau Kealakekua Kiholo Anaehoomalu Hapuna 54-61 3435 §11-54-7 Hawaii (continued) Kahaluu Bay Keaweula (North Kohala) Milolii Bay to Keawaiki Kailua-Kaiwi (Kona) Onomea Bay 1801 Lava Flow (Keahole or Kiholo) 1850 Lava Flow (South Kona) 1859 Lava Flow (Kiholo) 1919 Lava Flow (Milolii) 1926 Lava Flow (Milolii) Maui Honolua Ahihi-La Perouse (including 1790 Lava Flow at Cape Kinau) Molokini Island All protected reef communities Lanai Manele Hulopoe Molokai Southeast Molokai Kalaupapa Honomuni Harbor Oahu Hanauma Bay Moku o Loe (Coconut Island, Kaneohe Bay) Kauai Hoai Bay (Poipu) 54-62 3435 §11-54-7 Northwestern Hawaiian Islands Kure Atoll Lagoon Pearl and Hermes Lagoon Lisianski Lagoon Maro Reef Lagoon French Frigate Shoals Lagoon (B) Class II. (i) Existing or planned harbors may be located within nearshore reef flats showing degraded habitats and only where feasible alternatives are lacking and upon written approval by the director, considering environmental impact and the public interest pursuant to section 342D-6, HRS. Hawaii Blonde Reef (Hilo Harbor) Kawaihae Small Boat Harbor Maui Lahaina Harbor Kahului Harbor Lanai Manele Molokai Kaunakakai Harbor Hale o Lono Harbor Palaau (1.5 miles or 2.4 kilometers, east of Pakanaka Fishpond) Oahu Keehi Boat Harbor Ala Moana Reef Honolulu Harbor Heeia Harbor 54-63 3435 §11-54-7 Oahu (continued) Kaneohe Yacht Club Ala Wai Harbor Haleiwa Boat Harbor Maunalua Bay Pearl Harbor Kaneohe Bay Kahe All other nearshore reef flats not in Class I; (ii) Offshore reef flats: Oahu Kapapa Barrier Reef Kaneohe Patch Reefs (Kaneohe Bay) (iii) All other wave exposed or protected reef communities not in Class I. (3) Specific criteria to be applied to all reef flats and reef communities: No action shall be undertaken which would substantially risk damage, impairment, or alteration of the biological characteristics of the areas named herein. When a determination of substantial risk is made by the director, the action shall be declared to be contrary to the public interest and no other permits shall be issued pursuant to chapter 342D, HRS. (A) Oxidation-reduction potential (EH) in the uppermost ten centimeters (four inches) of sand patches shall not be less than +100 millivolts. (B) No more than fifty per cent of the grain size distribution of sand patches shall be smaller than 0.125 millimeters in diameter. (C) Episodic deposits of flood-borne soil sediment shall not occur in quantities 54-64 3435 §11-54-7 exceeding equivalent thicknesses for longer than twenty-four hours after a heavy rainstorm as follows: (i) No thicker than an equivalent of two millimeters (0.08 inches) on living coral surfaces. (ii) No thicker than an equivalent of five millimeters (0.2 inches) on other hard bottoms. (iii) No thicker than an equivalent of ten millimeters (0.4 inches) on soft bottoms. (D) The director shall determine parameters, measures, and criteria for bottom biological communities which may be affected by proposed actions. The location and boundaries of each bottom-type class shall be clarified when situations require their identification. For example, the location and boundaries shall be clarified when a discharge permit is applied for or a waiver pursuant to section 301(h) of the Act is required. Permanent benchmark stations may be required where necessary for monitoring purposes. The water quality standards for this subsection shall be deemed to be met if time series surveys of benchmark stations indicate no relative changes in the relevant biological communities, as noted by biological community indicators or by indicator organisms which may be applicable to the specific site. (f) Soft bottom communities. (1) As used in this subsection, "soft bottom communities" means poorly described and "patchy" communities, mostly of burrowing organisms, living in deposits at depths between two to forty meters (approximately 54-65 3435