Hawaii Administrative Rules
Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES
Subtitle 4 - FISHERIES
Part I - MARINE LIFE CONSERVATION DISTRICTS
Chapter 31 - MOLOKINI SHOAL MARINE LIFE CONSERVATION DISTRICT, MAUI
Section 13-31-5 - Exceptions; permits

Universal Citation: HI Admin Rules 13-31-5

Current through August, 2022

The department may issue permits to engage in activities otherwise prohibited by law and section 13-31-3, under such terms and conditions it deems necessary to carry out the purpose of chapter 190, Hawaii Revised Statutes:

(1) To take for scientific, propagation, or other purposes in conformance with chapter 190 and section 187A-6, Hawaii Revised Statutes, any form of marine life or eggs thereof otherwise prohibited by law;

(2) Except as provided in chapter 13-257, subchapter 4, to engage in commercial activity, excluding the taking of marine life, with a marine life conservation district use permit. Each boat shall be required to obtain a separate permit. An applicant for this permit shall pay a non-refundable permit fee of $50 valid for a two-year duration. Prior to its expiration, the permittee may apply for reissuance. Unless the permit is reissued, it shall automatically expire on the expiration date. 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;

(3) An application for this permit shall be accepted only from a commercial operator who can demonstrate active commercial vessel operation within the Molokini shoal marine life conservation district within the twelvemonth period immediately prior to the effective date of these rules, and 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. No application for a permit shall be accepted after ninety days of the effective date of these rules;

(4) 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;

(5) The permit shall be non-transferrable, except as providad by section 13-231-62; and

(6) 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: 5/26/1981; am 3/2/1987; am, ren, and comp SEP 16 1995] (Auth: §§ 187A-6, 190-3, 190-4.5) (Imp: HRS §§ 187A-6, 190-4)

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