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Final Comprehensive Conservation Plan - U.S. Fish and Wildlife ...

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Hakalau Forest National <strong>Wildlife</strong> Refuge<br />

<strong>Comprehensive</strong> <strong>Conservation</strong> <strong>Plan</strong><br />

Appropriate Uses Justification, Attachment 1<br />

Date: September 21, 2010<br />

Refuge: Hakalau Forest National <strong>Wildlife</strong> Refuge (NWR)<br />

Project: Commercial Photography, Videography, Filming, or Audio Recording<br />

Summary: The Refuge allows a small number of commercial photographers <strong>and</strong> videographers, on<br />

a case-by-case basis, access to Hakalau Forest NWR to obtain still images <strong>and</strong> video or film to<br />

support environmental education for the general public. Commercial photographers <strong>and</strong><br />

videographers are regulated through Special Use Permitting <strong>and</strong> permit conditions that are strict <strong>and</strong><br />

protective of resident wildlife <strong>and</strong> habitats. The benefit to the Refuge comes with the increased<br />

exposure to the public of images <strong>and</strong> film that may result in an increased appreciation for the rare<br />

species found on the Refuge. Credit must be given to the Service as the source for access to Hakalau<br />

Forest NWR as a permit condition, <strong>and</strong> further requirements for sharing images <strong>and</strong> digital film<br />

media obtained for Service educational purposes are included as permit conditions.<br />

The State of Hawai‘i DLNR was invited on two occasions to participate on core planning teams, but<br />

declined due to insufficient staffing. However, as this Appropriate Use Justification does not propose<br />

a significant deviation from the status quo, <strong>and</strong> no comments on this topic were received from the<br />

State during the comment period, we believe additional coordination was not necessary.<br />

For each of the findings listed on FWS Form 3-2319, a justification has been provided below:<br />

a. Do we have jurisdiction over the use?<br />

The permitted activities take place within Refuge boundaries in clearly specified limited areas. The<br />

Refuge has jurisdiction over those visits that are sited within Refuge boundaries.<br />

b. Does the use comply with applicable laws <strong>and</strong> regulations (Federal, State, tribal, <strong>and</strong> local)?<br />

All permitted activities comply with applicable laws <strong>and</strong> regulations <strong>and</strong> any restrictions or<br />

qualifications that are required to comply with law <strong>and</strong> regulations are specified in the SUP.<br />

c. Is the use consistent with applicable Executive orders <strong>and</strong> Department <strong>and</strong> Service policies?<br />

Through Refuge staff review <strong>and</strong> monitoring of the proposed activity, review of permittee proposals<br />

<strong>and</strong> letters of request on corporate letterheads, <strong>and</strong> a case-by-case review process, a limited capacity<br />

for commercial usage is maintained. The Refuge ensures that all visits are consistent with applicable<br />

policies through SUP conditions. No fees beyond permit application fees are presently charged.<br />

d. Is the use consistent with public safety?<br />

Through individual permit review, the Refuge will ensure that each permittee’s activities are<br />

consistent with public safety. If necessary, additional stipulations to ensure public safety will be<br />

included in the permittee’s SUP. Permittees will be provided clear information on Refuge<br />

boundaries to further ensure their safety <strong>and</strong> protect the property rights of neighboring l<strong>and</strong>owners.<br />

B-4 Appendix B: Appropriate Uses <strong>and</strong> Compatibility Determinations

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