(a) Freshwaters.
(1) Flowing waters: perennial streams and
rivers, intermittent streams, springs and seeps, and man-made ditches and
flumes that discharge into any other waters of the State.
(A) Class l.a.:
(i) All flowing waters within the natural
reserves, preserves, sanctuaries, and refuges established by the department of
land and natural resources under chapter
195, HRS, or similar reserves for the
protection of aquatic life established under chapter
195, HRS.
(ii) All flowing waters in national and state
parks.
(iii) All flowing waters in
state or federal fish and wildlife refuges.
(iv) All flowing waters which have been
identified as a unique or critical habitat for threatened or endangered species
by the U.S. Fish and Wildlife Service.
(v) All flowing waters in Waimanu National
Estuarine Research Reserve (Hawaii). As listed in Appendix A dated July 1,
2014, entitled "Class 1, Inland Waters", located at the end of this
chapter.
(B) Class l.b.:
All flowing waters in protective subzones designated under chapter 13-5 by the
state department of land and natural resources as listed in Appendix A dated
July 1, 2014, entitled "Class 1, Inland Waters", located at the end of this
chapter.
(C) Class 2.: All flowing
waters in areas not otherwise classified.
All flowing waters in classes 1 and 2 in which water quality
exceeds the standards specified in this chapter shall not be lowered in quality
unless it has been affirmatively demonstrated to the director that the change
is justifiable as a result of important economic or social development and will
not interfere with or become injurious to any assigned uses made of, or
presently in, those waters. This statement of antidegradation policy does not
limit the applicability of the policy in section
11-54-1.1
to the whole chapter.
(2) Standing waters (natural freshwater lakes
and reservoirs):
(A) Class l.a.:
(i) All standing waters within the natural
reserves, preserves, sanctuaries, and refuges established by the department of
land and natural resources under chapter
195, HRS, or similar reserves for the
protection of aquatic life established under chapter
195, HRS.
(ii) All standing waters in national and
state parks.
(iii) All standing
waters in state or federal fish and wildlife refuges.
(iv) All standing waters which have been
identified as a unique or critical habitat for threatened or endangered species
by the U.S. Fish and Wildlife Service.
(v) All standing waters in Waimanu National
Estuarine Research Reserve (Hawaii). As listed in Appendix A dated July 1,
2014, entitled "Class 1, Inland Waters", located at the end of this
chapter.
(B) Class l.b.:
All standing waters in protective subzones designated under chapter 13-5 by the
state department of land and natural resources as listed in Appendix A dated
July 1, 2014, entitled "Class 1, Inland Waters", located at the end of this
chapter.
(C) Class 2.: All standing
waters in areas not otherwise classified.
(3) Elevated wetlands and low wetlands:
(A) Class l.a.:
(i) All elevated and low wetlands within the
natural reserves, preserves, sanctuaries, and refuges established by the
department of land and natural resources under chapter
195, HRS, or similar reserves for the
protection of aquatic life established under chapter
195, HRS.
(ii) All elevated and low wetlands in
national and state parks.
(iii) All
elevated and low wetlands in state or federal fish and wildlife
refuges.
(iv) All elevated and low
wetlands which have been identified as a unique or critical habitat for
threatened or endangered species by the U.S. Fish and Wildlife
Service.
(v) All elevated and low
wetlands in Waimanu National Estuarine Research Reserve (Hawaii). As listed in
Appendix A dated July 1, 2014, entitled "Class 1, Inland Waters", located at
the end of this chapter.
(B) Class l.b.: All elevated and low wetlands
in protective subzones designated under chapter 13-5 by the state department of
land and natural resources as listed in Appendix A dated July 1, 2014, entitled
"Class 1, Inland Waters", located at the end of this chapter.
(C) Class 2.: All elevated and low wetlands
not otherwise classified.