HAR §13-31-5. Exceptions; permits

(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 §13-31-3 31-5 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; §13-31-5 31-6 (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. [Eff 5/26/81; am 3/2/87; am, ren, and comp 9/16/95; am and comp 3/15/24] (Auth: §§187A-6, 190-3, 190- 4.5) (Imp: HRS §§90-3(b), 187A-6, 190-4)