Commercial Use Authorization, Denial, Suspension and Revocation Policy

Background

This Policy replaces EVER 5281-47, dated November 9, 1992. Regulations require all persons engaged in commercial activities within Everglades National Park to possess explicit authorization [36 CFR 7.45 (d) (4)]. This authorization is provided through the issuance of Commercial Use Authorizations (CUAs). In Everglades National Park, CUAs are issued for a period not to exceed ONE (1) year with expiration on or before November 15th.

 

National Park Service Policy

The requirement for a CUA is derived from the current general regulations of the National Park Service found in 36 CFR Sections 1.5 (d), 1.6 (a), and 5.3. In compliance with 36 CFR, the tenns and conditions of the authorization are included in the application package and must be agreed upon by each applicant, as evidenced by the applicant's signature. Authority to revoke an authorization is provided for via the signed statement on the authorization. Failure on the part of the CUA holder to abide by the provisions of the authorization is citable under 36 CFR Section 1.6 (g) and Section 5.3 and may result in denial, suspension or revocation.

 

Everglades National Park Procedures

Denial of CUA Application due to Inadequate Documentation

Upon review of an application for a CUA, an application may be denied should there be inadequate or expired documentation. An applicant who has been denied will be notified with stated reasons for denial. Applicants may reapply at any time, subject to an additional non-refundable application fee.

 

Denial of CUA Application due to Criminal Violations

Upon application for a CUA, the applicant's criminal record will be reviewed for the current and previous three calendar years. A CUA will not be issued should the investigation of the applicant return any of the following conditions: ″payment of collateral, an accepted plea of nolo contendere, or a conviction in Federal or State court of: o two (2) charges of a violation of resource protection or fisheries laws;o two (2) charges of a violation of boating safety, equipment rules, or traffic laws;o one ( 1) charge of a Boating Under the Influence (BUI) or Driving Under the Influence (DUI);o one ( 1) violation of controlled substance laws;or ″banishment from entering Everglades National Park at any point in time, even if the ban has expired. An applicant who has been denied will be notified with the stated reasons for denial. An applicant may submit an appeal in writing to the Park Superintendent at the address listed above. Applicants may reapply at any time, subject to an additional non-refundable application fee.

 

Suspension of a CUA

A CUA may be suspended for up to three (3) months if any of the following occur during the CUA's stated period of authorization:

• payment of collateral, an accepted plea of nolo contendere, or a conviction in Federal or State court of any charge(s) of a violation of:
• • resource protection or fisheries laws;
  • boating safety or equipment rules, or traffic laws;
  • Boating Under the Influence (BUI)or Driving Under the Influence (DUI);
  • controlled substance laws;or
• any violation of terms and conditions of the authorization.

The authorization holder will be notified in the case of CUA suspension.

 

Revocation of a CUA

A CUA may be revoked if any of the following occur during the CUA's stated period of authorization:

• Payment of collateral, an accepted plea of nolo contendere, or a conviction in Federal or State court of:
• • two (2) charges of a violation of resource protection or fisheries laws;
  • two (2) charges of a violation of boating safety, equipment rules, or traffic laws;
  • one (1) charge of a Boating Under the Influence (BUI) or Driving Under the Influence (DUI)
  • one (1) violation of controlled substance laws;or
• any violation of the terms and conditions of the authorization.

The authorization holder will be notified in the case of a CUA revocation.