Permits – general
Proposed Rules and Reasoning
[§13-104-18 General provisions for permits.] §13-104-18 General provisions for permits.
(a) The board or its authorized representative may issue the following types of permits:
(2) Special use;
(4) [Commercial harvest;] Commercial; and
Reasoning for proposed change: “Commercial harvest” is being changed to “Commercial” to expand the types of commercial permits that we are able to issue, pursuant to HAR §13-104-22 Commercial Permits (see Commercial permits – use permits).
(b) All permits are subject to the following provisions:
(1) Permits are subject to denial, cancellation, or termination at any time by the board or its authorized representative upon violation of these rules or any conditions of the permit or any federal, state, or county statutes, ordinances, and rules or for danger to the public or because of natural causes. Persons who have violated permit conditions or the rules may be ordered by the department to leave the forest reserve. Permittees who have violated permit conditions or the rules may be denied future permits for forest reserves or subject to the imposition of additional permit restrictions;
Reasoning for proposed change: Persons who violate conditions of their permit may be asked to leave the Forest Reserve to immediately stop illegal activities and protect natural resources. Individuals with repeated violations may be denied additional or future permits.
(8) The board may set and approve a forest product price list. Charges may be assessed when permits are granted for forest products. The forest product price list shall reasonably reflect fair market value and be periodically updated by the board;
Reasoning for proposed change: Values of forest products are in a constant state of flux due to changes in market supply and demand. Allowing the Board to set the forest product price list allows for fair and reasonable return for products that are provided by forest reserves. A forest product market analysis may be done periodically to follow trends in such things as the market value of koa and maile.
(10) By signing the permit and entering into the forest reserve, all persons included on the permit agree to comply with all the terms and conditions of the permit, as well as applicable laws and regulations; and consent to present the permit to a duly authorized representative of the department upon request; and
Reasoning for proposed change: This new proposed rule makes it clear that the permit bearer and all associates agree to and will comply with the terms and conditions of the permit and applicable laws and regulations. Additionally, if a party is suspected of illicit activity they will be required to present their permit upon request.
(11) Persons applying for a permit shall provide, if requested, identification for all persons included on a permit, satisfactory to the board or its authorized representative.
The board or its authorized representative may require the names, addresses, and telephone numbers of all persons included on a permit.
Reasoning for proposed change: These existing permit provisions are being consolidated in the “General provisions for permits” and repealed from provisions for individual permit types:
HAR §13-104-19 Camping Permits
HAR §13-104-21 Collecting Permits
HAR §13-104-23 Access Permits
[Strikethrough] – Text proposed for removal. Underline – Text proposed for addition.