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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 Tour Operation/<strong>Conservation</strong> <strong>and</strong> Education Group Visits<br />

Summary: The Refuge operates in partnership with a small number of commercial tour operators to<br />

provide limited access <strong>and</strong> environmental education to the general public through guided tours on<br />

Refuge l<strong>and</strong>s. Tour operators are regulated through Special Use Permitting <strong>and</strong> permit conditions<br />

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

educational experience made possible through collaboration with these operators. Refuge staffing<br />

levels are not sufficient to provide ongoing public education experiences with rare exceptions.<br />

Currently no fees are charged for this access.<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 proposed activities would take place within Refuge boundaries in clearly specified limited areas.<br />

The 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 staff monitoring of the proposed program, review of permittee reports, <strong>and</strong> a predetermined<br />

annual carrying capacity for visitors, the Refuge would ensure that they are consistent with<br />

applicable policies.<br />

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

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

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

permitte’s SUP. Permittees will be provided clear information on Refuge boundaries to further<br />

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

B-8 Appendix B: Appropriate Uses <strong>and</strong> Compatibility Determinations

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