Haw. Code R. § 13-60.5-6 - Permits

(a) The board may issue permits to enter the refuge and conduct activities as provided in section 13-60.5-5, subject to the following conditions:

(1) Receipt of complete information the department shall require on an application provided by the department that lists the applicant's name, street and mailing addresses, number of persons entering with the applicant, vessel registration number or documentation number, name and length of the vessel, proposed dates of entry, purpose of entry, area of activities, and other pertinent information;

(2) A public comment period during the board hearing after receipt of a complete application;

(3) When reviewing an application, the board shall consider whether the applicant has violated or not complied with any term or condition of previous permits issued by the board under this chapter. The board shall deny an application based on a past violation or non-compliance with any term or condition of a permit issued under this chapter; and

(4) Approval may be granted by the board after an assessment of the appropriateness of the activity described in the application based on:

(i) Factors that the board and department consider relevant to section 13-60.5-1, the intent and purpose of this chapter, and

(ii) All applicable state and federal laws, including written proof of compliance with the federal permit requirements governing commercial and recreational fishing in the adjacent waters,

(iii) Submission of an application or the receipt of public comments on the application shall not obligate the board to issue a permit or constitute a right on the part of an applicant to receive a permit.

(b) The board may issue a permit for a limited term, subject to this section, and an approved permit shall not be valid for longer than one year from date of issuance. The issuance of a permit shall not constitute a vested right to receive additional or future permits.

(c) Permits are non-transferable.

(d) The permit holder shall submit monthly access reports on forms provided by the department for activities engaged in while in the refuge, with the information from any report remaining confidential as proprietary information.

(e) The board may require and impose such terms and additional conditions in the permit as it deems necessary to fulfill the intent and purpose of this chapter, such as a vessel monitoring system as a future requirement once the technology and capacity is sufficiently advanced or requirements for vessel hull inspections to reduce introductions of alien species.

(f) The board may determine that the protection and conservation of resources in all or a part of the area requires cessation of some or all of the activities allowed by permit especially in areas where the cumulative impacts of permitted activities may be concentrated. This includes considerations of damage to the ecosystem integrity such as direct harm to habitat and/or reduction in biodiversity. After notification by any reasonable means to a permit holder of such determination, the permit will automatically expire on the date provided in the notification.

(g) There is no right to a renewal or re-issuance of a permit.

(h) The board may revoke a permit for an infraction of any term or condition of a permit.

(i) Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation.

Notes

Haw. Code R. § 13-60.5-6

[Eff 10/10/2005] (Auth: HRS §§ 187A-5, 188-37, 188-53) (Imp: HRS §§ 187A-5, 188-37, 188-53)