Commercial permits – use permits
Proposed Rules and Reasoning
[§13-104-22 Commercial harvest permits.] §13-104-22 Commercial permits.
Reasoning for proposed change: “Commercial harvest permits” is being changed to “Commercial permits” to allow for expansion of the types of commercial permits that DOFAW will be able to issue:
(a) Commercial use permits. The board or its authorized representative may issue commercial use permits.
Reasoning for proposed change: The ability to issue a commercial use permit expands the potential for DOFAW to generate revenue through low impact, commercial ecotourism activities such as commercial horseback, bicycle and pedestrian tours, and launching and landing of aircrafts. DLNR is responsible for managing 1.3 million acres of state land and 2 million acres of state ocean waters, but receives less than 1% of the state operating budget. All revenue derived from commercial activity will be put back into forest management.
(1) Applications for commercial use permits shall be received by the board or its authorized representative at least thirty working days in advance of the date the permit is to be in effect; however, the deadline may be waived by the board or its authorized representative upon a showing of good cause.
Reasoning for proposed change: This provision ensures that DOFAW has adequate time to thoroughly investigate all potential impacts of any proposed commercial use activity. Questions to be considered include: Does this proposal conflict with ongoing management objectives? Is an Environmental Assessment required? How will the proposed activities impact the natural and cultural resources and public enjoyment of the forest reserve?
(2) A request for a commercial use permit shall be considered on its own merits, including its potential effect on forest reserve resources and the public’s use and enjoyment of the forest reserve.
Reasoning for proposed change: DOFAW must consider all potential impacts and cumulative impacts to people and place when issuing permits, in order to sustain the natural resources and public benefits of the Forest Reserve System.
(3) The value of the commercial activity shall be decided by the board or its authorized representative and shall not exceed $10,000.
Reasoning for proposed change: This mirrors the existing limit on revenue derived from commercial harvesting permits which is set at $10,000. If the revenue potential exceeds this established threshold a competitive process and/or a more comprehensive agreement (i.e. land license) is required.
(4) The time of entry for the commercial activity shall not exceed thirty days, except that the board or its authorized representative may extend this time for good cause.
Reasoning for proposed change: Commercial activities can include hiking, camping, horseback riding. The Department feels that it is not reasonable for these commercial activities to persist for longer than thirty days for any single use.
[Strikethrough] – Text proposed for removal. Underline – Text proposed for addition.