§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]