Haw. Code R. § 20-26-61 - General provisions

(a) The president may issue the following types of permits:

(1) Research activities not otherwise permitted by, or excluded from, these rules;

(2) Special use;

(3) Commercial tour activity; and

(4) Commercial film and recordings.

(b) All permits shall be subject to the following provisions:

(1) Permits may be suspended, canceled, revoked or terminated at any time upon violation of these rules or any conditions of the permit, which may include failure to comply with applicable federal, state, or county statutes, ordinances, and rules; or for public safety reasons arising from weather or other natural or human-created conditions in the UH management areas.

(2) Permits are not transferable.

(3) Persons to which permits are issued shall be responsible for compliance with all conditions stipulated in the permit.

(4) All payments of fees and charges, as established under section 20-26-6, shall be in U.S. funds, and by cash, check, cashier's check, certified check, postal money order, bank money order, or other methods approved by the president, provided that personal or business checks may be used to pay for activities that will occur thirty (30) or more days after the date of payment.

(5) Permits shall be subject to such other procedures, terms, and conditions as may be established from time to time by the president to carry out the provisions of chapter 304A, Hawaii Revised Statutes, this chapter, or any applicable federal, state, or county statute, ordinance, or rule. Conditions may include, but are not limited to, restricting access to certain areas for public safety, requiring execution of a liability waiver, setting protocols for invasive species prevention, requiring compliance with protocols to prevent the accidental introduction of non-native species, or designating approved transportation methods.

(6) All permittees shall, upon request, show the permit to an authorized agent, law enforcement officer, or the president to manage and regulate public and commercial activities within the UH management areas.

(7) Permits shall not create a property interest in favor of the permittee.

(8) Persons crossing UH management areas to access the adjacent Mauna Kea Ice Age Natural Area Reserve or Mauna Kea Forest Reserve, shall obtain a permit from the department of land and natural resources, if required, and make said permit available for an authorized agent, law enforcement officer, or the president's inspection upon request.

(c) Permit applications shall be submitted in the form prescribed by the president. The president may determine numbers of permits to be issued based on consideration of impacts of permitted activities on resources, and public safety and welfare.

(d) Permits may be canceled or terminated at any time without advance notice when:

(1) A state of emergency is declared by the Governor or other proper authority;

(2) Natural or civil disturbances occur or threaten to occur, including but not limited to, tsunamis, floods, earthquakes, storms, riots, and demonstrations;

(3) The permittee violates permit conditions or provisions of this chapter;

(4) The permitted activity damages or threatens serious damage to the integrity of the resources of the UH management areas or threatens the safety of the permittee or the general public;

(5) Fees are not paid when required; or

(6) Applicant's prior record or conduct within the UH management areas are contrary to university or department of land and natural resources' policy to protect the resources of the UH management areas, including but not limited to failure to pay fines issued under this chapter,

(e) The president may impose fines for failure to comply with the terms of a permit as provided in section 20-26-73.

(f) The department of land and natural resources is not required to obtain permits under this chapter, provided that the department of land and natural resources consults with the president on its activities.

Notes

Haw. Code R. § 20-26-61

[Eff 1/23/2020] (Auth: HRS § 304A-1903) (Imp: HRS §§ 304A-103, 304A-1903)