Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 2 - WILDLIFE › Chapter 126 - RULES REGULATING WILDLIFE SANCTUARIES › Subchapter 3 - COMMERCIAL AND PRIVATE OPERATIONS › Section 13-126-51 - Commercial permit criteria

Current through June, 2024
(a) A commercial
					 wildlife sanctuary access permit may be granted for only sanctuaries designated
					 in Exhibit 3 of this chapter, and only when the commercial activity is
					 consistent with the purpose of the wildlife sanctuary system. All commercial
					 permits issued are subject to conditions that are to be determined by the board
					 or its authorized representative and such conditions shall carry out the
					 purpose of the wildlife sanctuary system. Where commercial activities are
					 allowed, as shown on Exhibit 3, the specific limitations for commercial
					 activities set forth in Exhibit 3 are guidelines only, and are not binding on
					 the board or department. If there is a great demand for commercial permits, the
					 board or its authorized representative may determine a method by which
					 commercial operators may be issued permits. The board or its authorized
					 representative may establish a moratorium on the issuance of commercial permits
					 based on the needs of the sanctuaries.
(b) The board or its authorized
					 representative shall determine the duration of each commercial permit based
					 upon the needs of the wildlife sanctuary for which a permit is sought. Unless
					 earlier terminated, a commercial permit shall automatically expire at the end
					 of its duration. There is no right to a renewal or reissuance of a commercial
					 permit.
(c) Commercial permit
					 applications may be denied based upon subsections (a) and (b) and when:
(1) The proposed activity would be
					 detrimental to the wildlife sanctuary habitat or the surrounding
					 area;
(2) The proposed activity
					 would be detrimental to public safety;
(3) The proposed activity would compromise
					 the quality and nature of the expected experience of other sanctuary
					 users;
(4) The size, intensity, or
					 cumulative impacts of the proposed activity would exceed the limits of
					 acceptable change of a wildlife sanctuary;
(5) The size, intensity, or nature of the
					 proposed activity would diminish the availability of the wildlife sanctuary for
					 use by the general public;
(6)
					 Repairs or improvements are being made to a wildlife sanctuary;
(7) The wildlife sanctuary, access, site, or
					 facility for the proposed activity will be in use by other permittees or a
					 government agency;
(8) The
					 applicant violated a permit condition or a provision of this chapter or any
					 other rule of the department within one year prior to the date of the
					 application;
(9) An emergency is
					 declared by the board or its authorized representative or other proper
					 authority;
(10) The proposed
					 commercial activity is not allowed in the wildlife sanctuary, access, or
					 portion thereof, under the terms of an agreement with a private landowner or
					 another government agency concerning the use of the wildlife sanctuary, access,
					 or portion thereof;
(11) The
					 wildlife sanctuary or portion thereof has been or will be closed or restricted
					 pursuant to section 13-126-6; or
(12) Any other basis for denial as provided
					 for in these rules.