Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 1 - GENERAL PROVISIONS › Section 13-76-3 - General permit conditions

Current through June, 2024
(a) The general
					 permit provisions of this section shall be in addition to the more specific
					 provisions of section 13-76-15, and as otherwise provided in this
					 chapter.
(b) The department may
					 require persons to submit an application for a permit issued pursuant to this
					 chapter.
(c) The submission of an
					 application to the department shall not obligate the department to issue a
					 permit or constitute a right or interest on the part of the applicant to have a
					 permit issued.
(d) A permit shall
					 have a limited duration subject to the provisions of this chapter, but such
					 duration shall not exceed one year from the date of issuance. The issuance of a
					 permit shall not constitute a vested right or property interest to receive
					 future or additional permits.
(e)
					 Permits are non-transferable, so that whenever a permittee parts with
					 possession or transfers, in whole or in part, the title to or interest in the
					 vessel identified in the permit to another person by any arrangement, the
					 permit shall immediately expire. The permittee must notify the department prior
					 to and immediately after such transfer has occurred.
(f) The department may impose terms and
					 conditions it deems necessary to carry out the purposes of this chapter,
					 including requiring a report or reports of any activity conducted that may
					 potentially introduce a non-indigenous species to state marine waters by the
					 applicant or permit holder within the state.
(g) It is unlawful for any person to violate
					 any provision of any permit issued pursuant to this chapter. Failure to comply
					 with any provision of this chapter, or any provision of any permit issued
					 hereunder, shall be cause for termination of said permit.
(h) If the department determines that the
					 protection and conservation of aquatic life in the area requires the cessation
					 of all or certain activities allowed under the permits, upon notification to
					 the permit holders of this determination by any reasonable means, the permits
					 shall automatically expire on a date provided in the notification,
(i) There is no right to a renewal or
					 reissuance of a permit. When reviewing an application for a permit, the
					 department shall consider whether the applicant has previously violated or not
					 complied with any term or condition of a permit and may deny the application on
					 this basis.
(j) The permittee shall
					 have the permit on board the vessel and be able to show the permit upon the
					 demand of any employee, agent, or officer authorized to enforce this chapter.
					 Failure or refusal to show the permit shall be a violation of this chapter and
					 sufficient cause to immediately but temporarily suspend the permit until such
					 time that the board may take action to revoke the permit.
(k) The board may revoke any permit for any
					 violation of the terms and conditions of the permit and a person whose permit
					 was revoked shall not be eligible to apply for another permit until one year
					 from the date of revocation.