PART II. 
CONSERVATION DISTRICTS



 



§190D-11  Conservation district use
application.  (a)  Any person desiring to lease state marine waters shall
submit to the board an application for specific activities in any specific area
or areas.  Applications made pursuant to this chapter shall contain:



(1)  An environmental assessment or, if required, an
environmental impact statement which shall be prepared and accepted in
compliance with the rules adopted under chapter 343;



(2)  A description of the location and boundaries of
the state marine waters to be used and a description of the nature of the use
desired;



(3)  A statement of the reasons for selecting the
proposed location;



(4)  A description of the activities to be conducted,
including a specification as to whether such activities are commercial or
noncommercial, a timetable for construction, deployment, and operation of
facilities, and planned levels of production;



(5)  Where the application is for mariculture, a
description of the species to be cultivated and produced;



(6)  A statement on the extent to which the proposed
activities will interfere with the use of the state marine waters for the
purposes of navigation, fishing, and public recreation;



(7)  A description of any enclosure, fences, stakes,
buoys, or monuments proposed to mark off the desired area;



(8)  An initial description of current users
(military, governmental, commercial, recreational, and cultural) and their uses
of the state marine waters requested for lease, including any practitioners of
traditional and customary Hawaiian rights; and



(9)  Other information which the board determines to
be necessary or appropriate, including financial and technical information.



(b)  The department shall process the
application pursuant to chapter 183C.  Within sixty days after the submission
of a completed application with a request for a lease for marine activities in
state marine waters and the receipt of the related environmental assessment or
environmental impact statement, the department shall issue a public notice that
the application has been received.  The public notice shall describe:



(1)  The state marine waters for which application has
been made;



(2)  The nature of the exclusive use sought; and



(3)  The purpose for which the application has been made.



The notice shall be given on three separate days
statewide and in the county nearest the state marine waters for which
application has been made.  The public notice shall invite public comment.



(c)  Notice of hearings shall be provided and
hearings shall be conducted in accordance with department rules regarding
applications.  If the area described in the application adjoins any private
property or adjoins or overlaps, above or below, any leased state marine
waters, or if the proposed activity will affect the property or property rights
of private property owners or lessees of state marine waters, the department
also shall notify the owners or lessees of the adjoining, overlapping, or
affected property.  Notice shall be given in writing, by personal service or by
registered or certified mail, and shall describe:



(1)  The state marine waters for which application has
been made;



(2)  The nature of the exclusive use sought; and



(3)  The purpose for which the application has been
made.



(d)  The board shall consider in its evaluation
of each application:



(1)  The extent to which the proposed activity may
have a significant adverse effect upon any existing private industry or public
activity, including the use of state marine waters for the purposes of navigation,
fishing, and public recreation;



(2)  Whether the proposed activity may have an adverse
or permanent effect upon the wildlife, aquatic life, or environment of the
surrounding area; and



(3)  Other potential uses of the area, including
competing uses, which may be in the public interest.



(e)  The board shall not approve an application
unless it finds that:



(1)  The applicant has the capacity to carry out the
entire project; and



(2)  The proposed project is clearly in the public
interest upon consideration of the overall economic, social, and environmental
impacts.



(f)  The board may impose conditions so that
the proposed use or extent of the area in which the proposed activity may take
place is no greater than is required to conduct the approved activity properly.
[L 1986, c 91, pt of §1; am L 1995, c 11, §8 and c 69, §6; am L 1998, c 2, §51;
am L 1999, c 176, §§4, 11; am L 2002, c 203, §1]