Hawaii Administrative Rules
Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES
Subtitle 4 - FISHERIES
Part I - MARINE LIFE CONSERVATION DISTRICTS
Chapter 38 - WAIOPAE TIDEPOOLS MARINE LIFE CONSERVATION DISTRICT, HAWAII
Section 13-38-4 - Exceptions: permits

Universal Citation: HI Admin Rules 13-38-4

Current through August, 2024

(a) The department may issue permits to engage in activities prohibited by section 13-38-3 and as may be otherwise prohibited by law, provided that:

(1) The department may impose terms and conditions it deems necessary to carry out the purpose of this chapter, including requiring a report or reports of any marine life taken from the area;

(2) The permits may be issued for scientific, educational, propagation, cultural, or management purposes;

(3) The board may revoke any permit for any infraction of the terms and conditions of the permit; and

(4) A person whose permit was revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation.

(b) The department may issue the permit for a limited duration subject to the provisions of this section, but such duration shall not exceed one year from the date of issuance. The issuance of a permit shall not constitute a vested right to receive future or additional permits.

(c) The permits are non-transferable, unless otherwise allowed by the department.

(d) If the department determines that the protection and conservation of the aquatic life in the area requires the cessation of all or certain activities allowed under the permits, upon notification to the permit holders of this determination by any reasonable means, the permits shall automatically expire on a date provided in the notification.

(e) There is no right to a renewal or re-issuance of a permit. When reviewing an application for a permit, the department shall consider whether the applicant has previously violated or not complied with any term or condition of a permit and may deny the application on this basis.

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