Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part I - MARINE LIFE CONSERVATION DISTRICTS › Chapter 31 - MOLOKINI SHOAL MARINE LIFE CONSERVATION DISTRICT, MAUI › Section 13-31-5 - Exceptions; permits

Current through June, 2024
(a) The department
				  may issue special activity permits, not longer than one year in duration, to
				  engage in activities otherwise prohibited by law for scientific, educational,
				  management, or propagation purposes in conformance with chapter
				  190 and section
				  187A-6, Hawaii Revised
				  Statutes.
(b) Except as provided in
				  chapter 13-257,
				  subchapter 4, the department may issue marine life
				  conservation district commercial use permits to engage in commercial activity,
				  excluding the taking of marine life, with the following conditions:
(1) Each boat shall be required to obtain a
				  separate permit;
(2) Upon adoption
				  of this chapter, active permits with an expiration date of December 14, 2023,
				  shall have a new expiration date of December 31, 2023. Thereafter, permits
				  shall be valid for not longer than two years and shall expire on December 31 of
				  each odd-numbered year;
(3) Each
				  permittee shall pay a permit fee at the time of renewal. The fee shall be set
				  based on three categories of passenger capacity:
Category 1 for vessels with passenger capacities lower than
					 twenty-five; Category 2 for vessels with passenger capacities from twenty-five
					 to seventy-four; and Category 3 for vessels with passenger capacities equal to
					 75 or more;
(4) Permit
				  renewal fees shall be set as follows: Category 1 = $1,500; Category 2= $3,000;
				  and Category 3= $6,000;
(5) The
				  department may establish permit terms and conditions that provide for the
				  reduction or waiver of permit fees as the department deems
				  appropriate;
(6) Prior to the
				  expiration of the permit, the permittee may apply for reissuance. Unless the
				  permit is reissued, it shall automatically expire on the expiration
				  date;
(7) An application for
				  reissuance of this permit shall be accepted only from a commercial operator who
				  possesses a current permit within the twelve-month period immediately prior to
				  the expiration date of their current permit and who possesses a commercial
				  vessel use permit for the use of state boating facilities issued in accordance
				  with section
				  13-231-57 or a commercial vessel
				  registration issued in accordance with section
				  13-256-4;
(8) The permittee shall indemnify, defend,
				  and hold harmless the State of Hawaii, its successors, assigns, officers,
				  employees, contractors, and agents from and against any loss, liability, claim
				  or demand for property damage, personal injury and death arising from any act
				  or omission related to this permit;
(9) The permit shall be incorporated as an
				  addendum to the commercial vessel use permit for the use of state boating
				  facilities issued in accordance with section
				  13-231-57, or a commercial vessel
				  registration issued in accordance with section
				  13-256-4;
(10) The permit shall be non-transferrable,
				  except as provided by section
				  13-231-62;
(11) The department may establish additional
				  permit terms and conditions deemed necessary to minimize any adverse effect
				  within the conservation district; provided that the department shall provide
				  written notice of any change in permit conditions at least ninety calendar days
				  prior to the effective date of the change, except, as determined by the
				  department, when an immediate change in permit conditions is necessary to
				  protect or preserve the conservation district or to protect the health and
				  safety of the public; and
(12) The
				  board may revoke any permit for any infraction of the terms and conditions of
				  the permit, and a person whose permit is revoked shall not be eligible to renew
				  a permit until the expiration of one year from the date of
				  revocation.