(1) The department may require payment of fees for conducting commercial use on land owned or managed by the department. Permit fees pursuant to this rule shall be established through commission rulemaking. The department shall establish concession contract fees on a case-by-case basis. The commission may adjust permit fees as necessary to reflect changes in costs and the market and in situations where the department has an agreement or joint-permit system with other agencies.

(2) The department has discretionary authority to adjust a restricted use permit fee upward or downward to accommodate the nature of the activity, compensate for site impacts or department staffing needs, or for other unique circumstances pertaining to the permitted activity.

(3) The department may adjust commercial use fees on a case-by-case basis for educational groups when the following conditions are met:

(a) the group is from a bona fide institution that meets the definition of an educational group;

(b) the group provides a written explanation of the educational purpose of the visit; and

(c) the use is not primarily for recreational purposes.

(4) The department may adjust commercial use fees on a case-by-case basis when the commercial use permit holder:

(a) donates proceeds from the use or event to the management or improvement of fish, wildlife, and parks, including the maintenance, management, or the improvement or development of facilities; or

(b) donates proceeds from the event or activity to a nonprofit organization or charitable cause and is not compensated for the service.

(5) The department may adjust commercial use fees on a case-by-case basis for special events involving children under the age of thirteen.

(6) The department may adjust commercial use fees on a case-by-case basis for commercial use when the sole purpose of the use is to promote department land and resources.

(7) The department may charge a processing fee for recovery of costs associated with preparing an environmental analysis document when processing a permit application.

(8) The department may charge a processing fee for recovery of costs associated with issuing a new restricted use permit when a business is sold or transferred.

(9) Applicants must pay the required fees by the date specified in the terms of the permit.

(10) With approval from the Legislature, the department shall use the permit fees from commercial use at fishing access sites to help support the fishing access site program, river recreation management, and enforcement.

(11) The department may retain, amend, or replace an existing fee system.

(12) The department may require a minimum annual fee for administering permits or when authorizing commercial use in cooperation with another agency.

(13) The department may require a permit holder to pay a fee in advance that is an estimate of the actual amount that will be due by the date specified in the terms of the permit.

(14) The department may suspend or revoke a permit if the fee is not paid in full by the date specified in the terms of the permit.