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



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



(2)  The fishpond stocks only native aquatic
organisms;



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



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



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



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



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