HAR §13-130-42
HAR §13-130-42. Permit fee
Length: 424 wordsOfficial source
Cite as Haw. Code R. § 13-130-42
An application fee may be
charged in order to defray the cost of processing,
issuance, and administration of a trail activity
permit. The department may waive the fee for good
cause. The amount of the fee shall be set from time to
time by the department. [Eff.
] (Auth: HRS
'198D-6) (Imp: HRS '198D-6)
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SUBCHAPTER 6
COMMERCIAL TRAIL AND ACCESS ACTIVITY PERMITS
'13-130-43 Commercial trail and access activity
permits. (a) Commercial trail and access activity is
subject to the following hierarchy of priorities
relating to activity on public lands under the
jurisdiction of the department:
(1) Protection and stewardship of natural and
cultural resources is the highest priority;
(2) Access for general public activity in a
manner that does not damage these resources
is the second priority; and
(3) Access for commercial activity in a manner
that does not damage these resources or
compromise the general public=s activity is
the third priority.
(b) Commercial activity along a program trail or
access is strictly prohibited without a commercial
trail or access activity permit. Commercial trail and
access activity permits shall be granted only for
program trails, accesses, or segments thereof, that
have been designated for commercial activity pursuant
to subchapter 3. [Eff. ] (Auth:
HRS '198D-6) (Imp: HRS '198D-6)
'13-130-44 General commercial activity permit
provisions. All commercial trail and access activity
permits shall be subject to the following provisions:
(1) Permits shall not be transferable or
assignable;
(2) The person to whom a permit is issued shall
be responsible for all permit conditions, and
compliance with all rules, regulations, and
laws applicable to the use of the trail or
access;
(3) Permits shall not be issued to a person under
eighteen years of age;
(4) Permittee shall, upon request, show the
permit to any law enforcement officer or
authorized representative of the department;
(5) Any other restrictions or conditions may be
imposed on the permittee or permitted use to
protect the integrity, condition,
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naturalness, beauty, and safety of, or access
of the general public to, the program trails
and accesses, or which furthers the purposes
of the Na Ala Hele program. Such
restrictions may include, but are not limited
to, restrictions on the number of persons,
types of transport, length of stay, number of
trips, and seasonal or weather restrictions;
and
(6) The issuance of a permit shall not constitute
a vested property interest, but is a
privilege granted for the use of a program
trail or access for a specified activity and
time period. [Eff.
] (Auth:
HRS '198D-6) (Imp: HRS '198D-6)