Haw. Code R. § 13-126-9 - Permits

(a) The board or its authorized representative may issue permits to conduct activities otherwise prohibited by this chapter for the following purposes:

(1) Scientific, research, or education purposes.

(2) Conservation and management.

(3) Subsistence, traditional, and customary practices by Native Hawaiians consistent with the long-term preservation of the wildlife sanctuary resources.

(4) Any other purpose consistent with chapter 195D, Hawaii Revised Statutes.

(b) All permits shall be subject to standard conditions, as approved by the board, including but not limited to the following:

(1) The permittee shall adhere to project specifications given in the permit application and in the permit conditions;

(2) Disturbance of flora and fauna shall be avoided as much as possible;

(3) Precautions shall be taken to prevent introductions of plants or animals not naturally present in the area. The permittee is responsible for making sure that participants' clothing, equipment, vehicles, and vessels are clean and free of seeds, plant material, dirt, insects, or other animals to lessen the chance of introducing any non-native plants, animals, or other organisms. Should an infestation develop that is attributable to the permittee, whether it occurs during or after the permit period, and even though it may be only indirectly attributable to the project activities, the permittee shall be responsible for eradication by methods specified by the department or the Division of Forestry and Wildlife;

(4) The permit does not exempt the permittee from complying with any other applicable rule or statute; and

(5) The State of Hawaii shall be released and held harmless from any and all liability for injuries or death, or damage or loss of property, however occurring, during any activity related to this permit.

(c) The board or its authorized representative may attach special conditions to the permit, including but not limited to reporting requirements, limitations on the size of groups, or the length of time for which the permit is valid.

(d) Failure to comply with any of the permit conditions shall render a permit void.

(e) All permittees shall carry the permit with them at all times while on the premises and shall, upon request, show the permit to any law enforcement officer, the board, or its authorized representative.

(f) Permits are not transferable. If the permittee is a partnership, joint venture, or corporation, the sale or transfer of 25% or more of ownership interest or stocks by dissolution, merger, or any other means, shall be deemed a transfer for purposes of this subsection and subject to the right of the department to terminate this permit effective the date of the sale or transfer.

(g) The board or its authorized representative may revoke or cancel a permit without prior hearing when an emergency is declared by the department or other proper authority or when the permitted use poses an immediate threat to the health, safety, and welfare of the public or natural, geological, or cultural resources of the wildlife sanctuary. Notice of the revocation or cancellation shall be given in a fair, reasonable, and expedient manner.

(h) The board or its authorized representative may revoke or cancel any permit:

(1) For any infraction of the terms and conditions of the permit;

(2) Upon a finding that the permitted use threatens to damage the integrity or condition of the natural, geological, or cultural resources in the wildlife sanctuary;

(3) Upon a finding that the permitted use poses a threat to the health, safety, or welfare of the general public or otherwise negatively impacts the general public's use and enjoyment of the premises; or

(4) Upon closure of a wildlife sanctuary pursuant to section 13-126-6.

(i) The provisions of this section shall not exempt the permittee from complying with any other applicable rule or statute and shall not exempt the permittee from other penalties provided by law.

Notes

Haw. Code R. § 13-126-9

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