(a) The Ha'ena Community-Based Subsistence
Fishing Area includes that portion of the northwestern coast of Kaua'i
consisting of all State waters and submerged lands bounded by a line drawn
along the shoreline; a straight line that extends seaward from the shoreline at
the boundary between Ha'ena State Park and Na Pali State Park, as drawn through
the points 22°12'42.50"N, 159°35'44.50"W and 22°13'21.62"N,
159°36'22.27"W; a line that follows the contours of the shoreline at a
distance of one mile seaward from the shoreline; and a straight line that
extends seaward from the shoreline at the boundary between Ha'ena and Wainiha,
as drawn through the points 22°13'28.00"N, 159°33'13.50"W and
22°14'19.91"N, 159°33'6.21"W; as shown on Exhibit A entitled "Map of
the Ha'ena Community-Based Subsistence Fishing Area, Kaua'i", dated 4/16/14,
located at the end of this chapter.
(b) The following subzones are established
within the Ha'ena Community-Based Subsistence Fishing Area:
(1) The "'Opihi Management Area," which
includes all State waters and submerged lands within 300 feet from the
shoreline between a line that extends seaward from the shoreline at the
boundary between Ha'ena State Park and Na Pali State Park, as drawn through the
points 22°12'42.50"N, 159°35'44.50"W and 22°13'21.62"N,
159°36'22.27"W; and a line that extends seaward from the shoreline at the
western edge of Ke'e Beach, as drawn through the points 22°13'13.61"N,
159°35'5.11"W and 22°13'15.75"N, 159°35'7.34"W; as shown on Exhibit
B entitled "Map of the 'Opihi Management Area", dated 4/16/14, located at the
end of this chapter;
(2) The "Makua
Pu'uhonua," which includes all State waters and submerged lands located within
the fringing reef of Makua lagoon, bounded by a line drawn starting from a
point located at 22°13'33.88"N, 159°33'42.41"W, to a point located at
22°13'41.15"N, 159°33'44.67"W; then to a point located at
22°13'44.57"N, 159°33'34.71"W; then to a point located at
22°13'38.26"N, 159°33'31.56"W; then back to the starting point; as
shown on Exhibit C entitled "Map of the Makua Pu'uhonua", dated 4/16/14,
located at the end of this chapter;
(3) The "Vessel Transit Boundary," which
includes all State waters and submerged lands bounded by a line drawn starting
from the shoreline at the boundary between Ha'ena State Park and Na Pali State
Park, located at 22°12'42.50"N, 159°35'44.50"W, to a point
approximately 1,000 feet seaward, located at 22°12'49.98"N,
159°35'51.79"W; then eastward to a point approximately 1,300 feet from
shore, located at 22°13'35.57"N, 159°34'59.73"W; then to a point
approximately 2,300 feet from shore, located at 22°13'55.42"N,
159°33'42.00"W; then to a point located approximately 2,100 feet from
shore, located at 22°13'48.84"N, 159°33'10.76"W; then to a point on the
shoreline at the boundary between Ha'ena and Wainiha, located at
22°13'28.00"N, 159°33'13.50"W; as identified in the map shown on
Exhibit A entitled "Map of the Ha'ena Community-Based Subsistence Fishing Area,
Kaua'i", dated 4/16/14, located at the end of this chapter;
(c) For the purposes of this
chapter, the shoreline shall be determined by the upper reaches of the wash of
the waves on shore. Should there be a stream or river flowing into the ocean,
the shoreline shall be determined by an imaginary straight line drawn between
the upper reaches of the wash of the waves on either side of the stream or
river.
[Eff
8/14/2015] (Auth:
HRS §§188-22.9, 188-53, 190-3) (Imp: HRS §§187A-1.5,
188-22.9, 190-3)
