HAR §13-126-51. Commercial permit criteria

(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 §13-126-51 126 - 24 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; §13-126-53 126 - 25 (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. [Eff 1/22/2010 ] (Auth: HRS §§ 183D-2, 183D-3, 183D-4) (Imp: HRS §§ 183D-2, 183D-3, 183D-4)