GENERAL TERMS AND CONDITIONS FOR ENTRY INTO STATE WILDLIFE SANCTUARIES

• "Board" means that Board of Land and Natural Resources.
• "Department" means the Department of Land and Natural Resources.
• "DOFAW" means the Division of Forestry and Wildlife.
• "Sanctuary" or "Wildlife Sanctuary" means a State Wildlife Sanctuary.

1. Commercial activity under this Permit is authorized only at Mokulua Islet (Mokunui only: the larger and more northern of the two islets) and Popoia Islet, as shown on the attached map.
2. Terrestrial access to the offshore island sanctuaries is restricted to below the high water mark. Stay out of the interior portions of the islets.
3. This permit is for ENTRY into designated State Wildlife Sanctuaries by commercial activity, which includes guided tours or rented vessels. This permit does not allow any other commercial activity or cover commercial operators outside the Sanctuary boundaries. It is the responsibility of the permittee to hold the necessary (Federal, State or County) licenses, permits, etc. in order to operate a commercial enterprise.
4. Commercial activity is prohibited on Sundays
5. Permittee shall register with DOFAW all vessels rented by the Permittee for landings at Wildlife Sanctuaries by obtaining and affixing a Wildlife Sanctuary entry sticker that is visible on each kayak. Permittee will be held responsible for any entry or landing onto a Wildlife Sanctuary that does not comply with this requirement.
6. Permittee shall pay landing fees, in the amounts established by rule. Payments shall be made monthly by sending a check to the Oahu Division of Forestry and Wildlife. Each payment shall also include a summary of all landings by date and type.
7. Permittee shall report on all landing activities on a weekly basis. Reports are due on each Monday during the permit period. Activities shall be sent via email on a formatted template. Templates will be provided to vendors via email.
8. Permittee shall be registered to do business in Hawaii with the Department of Commerce and Consumer Affairs (DCCA) and maintain a status of good standing with the DCCA.
9. Permittee shall procure at its expense and maintain during the term of this commercial activity permit, from an insurance company or companies licensed to do business in Hawaii, a policy or policies of comprehensive public liability insurance in an amount of at least $500,000 per incident and $1,000,000 aggregate insuring the State of Hawaii against all claims for personal injury, death and property damage. This policy shall cover all State premises utilized by the Permittee under this permit. Permittee shall furnish DOFAW with a certificate showing the policy(ies) and naming the State of Hawaii as an additional insured. The procuring of this policy shall not release or relieve the Permittee of its responsibility under this Commercial Activity Permit as set forth herein or limit the amount of its liability under this Permit.
10. Permittee shall indemnify, defend and hold the State of Hawaii, Department of Land and Natural Resources harmless from and against any claim or demand for loss, liability or damage, including claims for bodily injury, wrongful death or property damage, arising out of or resulting from: (a) any act of omission on the part of the Permittee or its customers relating to Permittee's use of the State premises; (b) any failure on the part of the Permittee or its customers to use the State premises safely and properly; and (c) from and against all actions, suits, damages and claims by whomsoever brought or made by reason of Permittee's or its customers' non-observance or non-performance of any of the terms, covenants and conditions of this Commercial Activity Permit or the applicable rules, regulations, ordinances and law of the federal, State or municipal governments.
11. Permittees are solely responsible for ensuring the safety of their customers when visiting State Wildlife Sanctuaries and ensuring ocean conditions are safe for kayak transit. Swimming, wading, and all other activities in the sanctuary by Permittee's customers shall be AT THEIR OWN RISK. The permitees customers are the responsibility of the permitee.
12. Permittee shall promptly report to DOFAW any incident resulting in injury or death to persons or damage to property. This report does not relieve the Permittee from the responsibility of making any other report that may be required under federal, State, or county laws, ordinances, rules and regulations.
13. This Permit is not transferable or assignable.
14. The Department reserves the right to attach special conditions to the permit, including but not limited to reporting requirements, limitations on the size of groups, or the length of time for which the permit is valid (§13-126-9C).
15. This Permit shall automatically terminate when:
    1. An emergency is publicly declared by the Department or other proper authority that affects the Wildlife Sanctuary for which this Permit was issued;
    2. The Wildlife Sanctuary for which this Permit was issued, or a portion thereof which is used under the Permit, is closed or restricted pursuant to §13-126-6, HAR;
16. This Permit shall automatically be suspended when the Permittee has been informed, orally or in writing, by the Board or its authorized representative, of an apparent violation, or the Permittee has been cited for an alleged violation of a Permit condition or any rule, and the Permit shall automatically terminate upon a determination by the Board or a court that the Permittee committed the violation.
17. This Permit shall automatically be suspended when the Board or its authorized representative informs the Permittee, orally or in writing, that its permitted activity damages or threatens serious damage to the integrity or condition of the Wildlife Sanctuary or its surrounding environment, or threatens the safety of Wildlife Sanctuary users and the Permit shall automatically terminate upon a determination by the Board that such harm or threatened harm occurred.
18. Permittee shall immediately notify DOFAW in writing of any changes to its contact person name(s), phone number(s), email address(es) or other contact information.
19. Permittee shall comply with all applicable federal, State and county laws and rules.
20. Permittee shall comply with the Rules Regulating Wildlife Sanctuaries, Ch. 13-126, Hawaii Administrative Rules (HAR). Further, Permittee shall make reasonable efforts to ensure that its customers understand and comply with the Rules Regulating Wildlife Sanctuaries. The following are excerpts from these rules for the Permittee's reference but shall not be solely relied upon for compliance with the rules:
    • POSTED SIGNS: All persons shall observe and abide by officially posted signs (§13-126-8). Signs may or may not be posted for the following rules and conditions, but regulations should be followed regardless.
    • VISITING HOURS for all sanctuaries are restricted to the daylight hours between sunrise and sunset (§13-126-7).
    • ANIMALS AND PLANTS: Leave all animal and plant life undisturbed. No person shall introduce, feed, remove, injure, take, or kill any plant or animal, either in whole or in part, except as authorized by the Board or authorized representative or as provided by rules of the Board (§13-126-23(a)).
    • ANIMAL PETS are not permitted in wildlife sanctuaries. Any animal, such as a dog or cat, found roaming and loose in a state wildlife sanctuary may be impounded or destroyed (§13-126-23(c)).
    • ALIEN SPECIES INTRODUCTIONS: The introduction by any person of any animal or plant and the placement, abandonment or leaving of any animal or plant in a state wildlife sanctuary is strictly prohibited (§13-126-23(b)). Precautions shall be taken to prevent introductions of plants or animals not naturally present in the area. Permittee shall ensure that its customers’ clothing, equipment, and vessels are clean and free of seeds, plant material, dirt, insects, or other animals to lessen the chance of introducing any non-native plants or other organisms. Should an infestation develop that is attributable to the Permittee, whether it occurs during or after the permit period, and even though it may be only indirectly attributable to the project activities, the Permittee shall be responsible for eradication by methods specified by DOFAW (§13-126-9(b)).
    • GEOLOGICAL FEATURES: No person shall destroy, disturb, or mutilate any geological features or dig or remove sand, earth, gravel, mineral, rock, coral, or any other substance except for digging in sand areas of beaches (§13-126-34).
    • PALEONTOLOGICAL, ARCHAEOLOGICAL, AND HISTORICAL FEATURES: No person shall appropriate, damage, remove, excavate, disfigure, deface, or destroy paleontological objects, objects of antiquity, prehistoric ruins and monuments (§13-126-24).
    • SANITATION AND LITTER: All persons shall dispose of garbage, trash, refuse, waste material, and rubbish of any kind only at places designated for its disposal or shall remove it from the premises (§13-126-43A). Waste receptacles are NOT provided. No person shall dispose of fish entrails or other parts of fish or animals in a wildlife sanctuary, or waters within or adjacent to any state wildlife sanctuary (§13-126-43E). No person shall urinate or defecate on the premises (§13-126-43F). Toilet facilities are NOT provided.
    • ALCOHOL, INTOXICATION, DRUG INCAPACITATION: No person shall use or possess narcotics or drugs, provided that a person may use or possess drugs legally prescribed by a physician. No person shall enter or remain within the premises when under the influence of alcohol or illegal narcotics or drugs (§13-126-36A). No person shall use or possess alcohol (§13-126-36B).
    • DISORDERLY CONDUCT: No person shall engage in disorderly conduct within the premises (§13-126-28). Disorderly conduct is described in chapter 711, Hawaii Revised Statutes (Imp: HRS §§ 183D-2, 183D-3, 183D-4).
    • NUDITY: No person shall bathe, swim, walk, sunbathe, or remain on the premises in the nude, or take outdoor showers in the nude, except for the exposed breast of a nursing mother in the act of breastfeeding an infant (§13-126-44).
    • CAMPING: No person shall camp, erect any tent, tarpaulin, or other structure, or use recreational trailers or other camper units (§13-126-26).
    • FIRES: No person shall discard any lighted objects, or start or maintain a fire including use of portable stoves or cooking devices (§13-126-32).
    • EXPLOSIVES: No person shall use or possess fireworks, firecrackers, or explosives (§13-126-29).
    • FIREARMS AND OTHER WEAPONS: No person shall use or possess bow and arrows, crossbows, firearms, pellet or BB guns, slingshots, or other implements designed to discharge projectiles (§13-126-31).
    • PORTABLE ENGINES AND MOTORS: No person shall operate or use a portable motor driven electric generating plant, pump, compressor, or any other equipment driven by a portable engine or motor (§13-126-39).
    • MODELCRAFT OPERATION: No person shall operate model motorized aircraft, automobile, or watercraft, or other similar models (§13-126-38).
    • ADVERTISEMENTS: No person shall display, post, or distribute notices or advertisements, except with prior written permission of the Board or its authorized representative (§13-126-52).
    • COMMERCIAL FILMING: Before any motion picture is filmed or any video recordings, television production, or sound track is made, which involves the use of professional casts, models, settings, or crews, by any person other than bonafide newsreel or news television personnel, a person shall obtain a written permit by the Board or its authorized representative (§13-126-53).
21. Permittee shall report suspected law and sanctuary rule violations to enforcement officers. On all islands call 643-DLNR (643-3567), no area code required.
22. The penalties for violating any of the provisions of chapter 13-126, HAR, are as provided in Hawaii Revised Statutes sections 183D-5, 183D-12, 195D-8, 195D-9, and 195D-27 (§13-126-11).

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Fee Schedule:

a

Base Commercial Permit processing fee	$10
Price per person, operator and/or passenger of non-motorized one- or two-person vessel, bicycle or horseback rider accompanied by a commercial guide	$5
Price per person, operator and/or passenger of rented non-motorized one- or two-person vessel launching from, landing in and/or used to access a wildlife sanctuary not accompanied by a commercial guide	$3
Price per vessel or vehicle including 3-5 people	$25
Price per vessel or vehicle including up to 8 people	$50
Price per vessel or vehicle including up to 12 people	$75
Price per vessel or vehicle including up to 15+ people	$100

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Payments are due the 1st of each month and shall include a summary of daily activities for the month. Payments can be made by check to:

Applications cannot be submitted electronically at this time. Also, you must submit proof of insurance and payment with your application (refer to instructions on the Application). Applications will be reviewed and issued by staff if vendors meet all requirements

You will be required to comply with all of the General Terms and Conditions for Commercial Landings at State Wildlife Sanctuaries and the Rules Regulating Wildlife Sanctuaries listed in Hawaii Administrative Rules chapter 126: http://files.hawaii.gov/dlnr/dofaw/rules/Chap126.pdf

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