(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.
