Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 26 - PUBLIC AND COMMERCIAL ACTIVITIES ON MAUNA KEA LANDS › Subchapter 4 - PERMITS FOR PUBLIC AND COMMERCIAL ACTIVITIES › Section 20-26-64 - Commercial tour activity permits

Current through June, 2024
(a) Commercial tour
				  activity permits for conducting commercial tours or transporting passengers for
				  hire within the UH management areas may be issued by the president.
(b) Permits for commercial tours or passenger
				  transportation for hire may be issued pursuant to subsection (c), and under
				  such terms and conditions as shall be determined 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.
(c) Each permit application
				  shall be evaluated on its own merits for compatibility with the functions and
				  purpose of UH management areas; for consistency with existing approved
				  management plans; for the potential effect on the surrounding resources, the
				  existing facilities and infrastructure, and the public's use of the UH
				  management areas; for compatibility with existing approved uses; for
				  compatibility with scheduled or ongoing construction, repairs, or maintenance
				  activities; and for the applicant's prior record of non-compliance with permit
				  conditions, or of violations. In addition, each permit application shall also
				  be evaluated for the quality of the educational aspects of the activity, the
				  comprehensiveness of planned staff training, the inclusion of safety protocols,
				  and the extent to which additional practices are incorporated to ensure
				  customer and public safety and welfare and to protect the resources of the UH
				  management areas. Additional information may be required from the applicant to
				  make this evaluation. Failure to provide additional information when requested
				  may be grounds for permit denial.
(d) The president shall establish a number of
				  available permits under this section. If qualified applications outnumber
				  available permits, the permits shall be allocated by drawing or
				  lottery.
(e) The president may
				  elect to manage commercial tour activities through issuance of one (1) or more
				  concession agreements in lieu of, or in addition to, commercial tour activity
				  permits. Any such concession agreements shall be consistent with these rules
				  and applicable law.
(f) The
				  president may enter into an agreement with another public agency to manage
				  commercial tour activities and transportation of passengers for hire within the
				  UH management areas, on such terms and conditions deemed appropriate, which
				  shall be consistent with these rules and applicable law. Such an agreement may
				  be in lieu of, or in addition to, written permits or concession agreements for
				  such purposes.
(g) Fees shall be
				  assessed in accordance with section 20-26-6 and additional terms and conditions
				  necessary or appropriate to reduce congestion, protect the resources of the UH
				  management areas and protect safety and welfare may be imposed, including but
				  not limited to insurance and licensing requirements, and loading
				  restrictions.
(h) Commercial tour
				  activity permits in force as of the effective date of these rules shall remain
				  in effect through their stated expiration dates or such earlier termination
				  date as may apply in accordance with their terms. Upon expiration, any future
				  application shall be submitted in accordance with these rules.