Haw. Code R. § 13-126-10 - Applications for Permits

(a) All applications for permits shall be submitted in writing to the board or its authorized representative on the form prescribed by the department. The application shall contain the following information:

(1) Name of applicant, and if relevant, affiliation and title;

(2) Contact information, including name of primary contact, mailing address, and if available, phone number(s), fax number, and email address;

(3) The period of time for which the permit is requested, not to exceed one year;

(4) The wildlife sanctuary(s) involved;

(5) A map illustrating the premise and the location of the proposed use;

(6) A description of the proposed use;

(7) A discussion of how the proposed use satisfies subsections (b)(1)-(b)(6) below;

(8) An assessment of the potential environmental impact the use may have on the sanctuary or the surrounding area;

(9) Signature of the applicant; and

(10) Any other information as determined by the department.

(b) In evaluating the merits of an application for a permit, the board or its authorized representative shall apply the following criteria:

(1) The proposed use cannot be conducted elsewhere;

(2) The proposed use is consistent with the purpose and objectives of the wildlife sanctuary system;

(3) The proposed use is consistent with the management plan developed for the sanctuary;

(4) The proposed use provides a benefit (direct or indirect) to the wildlife sanctuary system and/or to individual sanctuaries;

(5) The proposed use will not damage or threaten to damage the integrity or condition of the natural, geological, and/or cultural resources in the wildlife sanctuary and adjacent area or region;

(6) The proposed use complies with provisions and guidelines contained in Chapter 205A, Hawaii Revised Statutes, entitled "Coastal Zone Management," where applicable; and

(7) The applicant shall have complied with, or be in compliance with, the conditions of any previously approved permit.

(c) The applicant shall have the burden of demonstrating that the proposed use is consistent with the above criteria.

(d) The board or its authorized representative may hold a public hearing on an application where determined by the chairperson that the scope of the proposed use or the public interest requires a public hearing. Notice of hearing shall be given not less than twenty days prior to the date set for the hearing. Notice of the date, time, and place of the hearing shall be published at least once in a newspaper in the county where the wildlife sanctuary is located.

Notes

Haw. Code R. § 13-126-10

[Eff 1/22/2010] (Auth: HRS §§ 183D-2, 183D-3, 183D-4, 195D-6) (Imp: HRS §§ 183D-2, 183D-3, 183D-4)