[§183B-2]  Exemption fromenvironmental impact statement law.  The proposed reconstruction,restoration, repair, or use of any Hawaiian fishpond shall be exempt from therequirements of chapter 343; provided that it will comply with the followingconditions:

(1)  The fishpond is not adjacent to a sandy beach;

(2)  The fishpond stocks only native aquaticorganisms;

(3)  The fishpond does not operate as an intensiveculture system in which cultured organisms require frequent or periodicartificial feeding, artificial aeration of water, or artificial pumping ofwater through the fishponds for their growth and survival;

(4)  Bulk chemicals are not added to the water for thecontrol of pathogens or parasites;

(5)  Coastal access is allowed to any person mauka ofthe fishpond and makai of walls;

(6)  The fishpond and its operations do not harm anythreatened or endangered species; and

(7)  The fishpond is not used for water recreationalpurposes except those recreational activities customarily and traditionally practicedin Hawaiian fishponds prior to 1778. [L 1995, c 177, pt of §2]