Please read the terms and conditions of the park by by selecting each heading to expand. Select Apply below to begin a CUA application.
The National Park Service has terms and conditions on all commercial service agreements. CUA Conditions apply to all Commercial Use Authorizations. Park Specific Conditions are specific terms and conditions based on the services provided at that specific park. These may include but are not limited to limits on locations, times, group size, and employee licenses and certifications. Providing such information to the park superintendent for approval.
This CUA ONLY covers Dolphin/Sunset/Eco Tours. It does not cover charters to Crab Island. For Crab Island tours, please apply for “Transport- (non-tour)”.
Ensure you are applying for the correct CUA type, no refunds will be issued.
CUA Conditions
Additional Information: The National Park Service has terms and conditions on all commercial service agreements. The following terms and conditions will apply to all Commercial Use Authorizations. There may be additional terms and conditions based on the services provided. These may include but are not limited to limits on locations, times, group size, and employee licenses and certifications and providing such information to the park superintendent for approval.
CONDITIONS OF THIS AUTHORIZATION
- False Information: The holder is prohibited from knowingly giving false information. To do so will be considered a breach of conditions and be grounds for revocation: [RE: 36 CFR 2.32(a) (3)].
- Legal Compliance: The holder shall exercise this privilege subject to the supervision of the area Superintendent. The holder shall comply with all applicable laws and regulations of the area and terms and conditions of the authorization. The holder must acquire all permits or licenses of State or local government, as applicable, necessary to provide the services described above, and must operate in compliance with all applicable Federal, State, and local laws and regulations, including, without limitation, all applicable park area policies, procedures and regulations. All vehicles/vessels/aircraft are required to be registered and the operators are required to have the proper licenses to operate them commercially, as required by law or regulation.
- Employee Conduct: The holder must ensure that its employees are hospitable and exercise courtesy and consideration in their relations with the public. The holder must establish appropriate screening, hiring, training, safety, employment, termination and other policies and procedures. The holder must review the conduct of any of its employees whose action or activities are considered by the holder or the Director to be inconsistent with the proper administration of the Area and enjoyment and protection of visitors and must take such actions as are necessary to correct the situation. The holder must maintain, to the greatest extent possible, a drug free work environment.
- Rates: The holder shall provide commercial services under this authorization to visitors at reasonable rates satisfactory to the area Superintendent.
- Operating Conditions: The holder shall provide the authorized commercial services to visitors under operating conditions satisfactory to the area Superintendent.
- Liabilities and Claims: This authorization is issued upon the express condition that the United States, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or persons or property of any kind whatsoever, whether to the person or property of the holder, its agents or employees, or third parties, from any cause or causes whatsoever while in or upon said premises or any part thereof during the term of this authorization or occasioned by any occupancy or use of said premises or any activity carried on by the holder in connection herewith, and the holder hereby covenants and agrees to indemnify, defend, save and hold harmless the United States, its agents, and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same.
- Insurance: Holder agrees to carry liability insurance against claims occasioned by the action or omissions of the holder, its agents and employees in carrying out activities and operations under this authorization. The policy shall name the United States of America as additional insured. Holder agrees to have on file with the park copies of the above insurance with the proper endorsements.
- Exculpatory Agreements: Any exculpatory agreement used by the CUA holder or entity providing services authorized by the CUA must comply with applicable state and federal law and NPS policy. The exculpatory agreement must not waive liability or preclude claims against or require indemnifying the CUA holder or entity providing services authorized by the CUA for gross negligence, recklessness, or willful misconduct. The exculpatory agreement must waive liability against the United States by including the following language: “The undersigned further waives liability of the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this activity.” The Service will not as a matter of standard practice, collect, review or approve the exculpatory agreement. The CUA holder may consider consulting with their own counsel in the development of its exculpatory agreement to ensure they comply with NPS policy and Applicable Law. However, the Service reserves the right to review the exculpatory agreement and any modifications or replacements of the agreement at any time during the term of the CUA and require any revisions to ensure all the requirements of NPS policy are met. The NPS also reserves the right to require changes to the exculpatory agreement or, to the extent permitted by law, revoke the allowance to use the exculpatory agreement, if the Service determines the agreement is not compliant. Any determination by the Service that an exculpatory agreement is policy-compliant does not convey the NPS’s view that the agreement is valid, enforceable, or otherwise endorsed by the NPS for any purpose.
- CUA Fees: At a minimum, the holder shall reimburse the park for all costs incurred by the park as a result of accepting and processing the application and managing and monitoring the authorized activity. Administrative costs for the application process must be paid when the application is submitted. Monitoring fees and any additional costs incurred by the park to support the commercial activity will be paid annually or on a more frequent basis as determined by mutual agreement between the Holder and the area Superintendent.
- Benefit: No member of, or delegate to, Congress, or Resident Commissioner shall be admitted to any share or part of this authorization or to any benefit that may arise from this authorization. This restriction shall not be construed to extend to this Contract if made with a corporation or company for its general benefit.
- Transfer: This authorization may not be transferred or assigned without the written consent of the area Superintendent.
- Suspension and Revocation: This authorization may be suspended or revoked upon breach of any of the conditions herein or at the discretion of the area Superintendent.
- Preference or Exclusivity: The holder is not entitled to any preference to renewal of this authorization except to the extent otherwise expressly provided by law. This authorization is not exclusive and is not a concession contract.
- Construction: The holder shall not construct any structures, fixtures or improvements in the park area. The holder shall not engage in any groundbreaking activities without the express, written approval of the area Superintendent.
- Reporting: The holder must submit annually the CUA Annual Report (NPS Form 10-660) by February 28 for the prior CUA season and also must submit upon request the CUA Monthly Report (NPS Form 10-660A). The holder is to provide the area Superintendent upon request any other specific information related to the holder’s operations that the area Superintendent may request, including but not limited to, visitor use statistics, and resource impact assessments.
- Accounting: The holder is to maintain an accounting system under which its accounts can be readily identified within its system of accounts classification. This accounting system must be capable of providing the information required by this authorization. The holder grants the United States of America access to its books and records at any time for the purpose of determining compliance with the terms and conditions of this authorization.
Paid Sick Leave: The holder must comply with all provisions of Executive Order 13706 of September 30, 2016, (Establishing Paid Sick Leave for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. part 13, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.
- Intellectual Property of the National Park Service: Except with the written authorization of the Director of the National Park Service, the Holder shall not assert any legal claim that the Holder or any related entity holds a trademark, tradename, servicemark or other ownership interest in the words "National Park Service", the initials "NPS", or official name of any unit or part thereof, including but not limited to any facility, logo, distinctive natural, archaeological, cultural, or historic site, within the National Park System, or any colorable likeness thereof, or the likeness of a National Park Service official uniform, badge, logo, or insignia.
- Nondiscrimination: The holder must comply with Applicable Laws relating to nondiscrimination in providing visitor services to the public and with all equal employment opportunity provisions of Title VII of the Civil Rights Act, as amended.
- Notification of Employee Rights: The holder must comply with all provisions of Executive Order 13496 of January 30, 2009, (Notification of Employee Rights Under Federal Labor Laws) and its implementing regulations, including the applicable contract clause, codified at 29 CFR part 471, appendix A to subpart A, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.
Park Specific Conditions
22. The permittee must adhere to all regulations and policies of the U.S. Coast Guard, National Park Service, the State of Florida/Mississippi, and local jurisdictions, including the Superintendent's Compendium.
23. Any incident/accident occurring within the Park and involving the safety or well-being of the permittee/patrons must be reported immediately to Park Dispatch- 911 for emergencies, or at 850-934-4050 (Florida)/ 228-875-2211 (Mississippi) for non-emergencies, and to the Superintendent (guis_superintendent@nps.gov), in writing, within 30 days of the incident.
24. The permittee shall make the vessel available for inspection by authorized, uniformed Park employees or Okaloosa County Sherriff's Department, Florida Fish & Wildlife Commission, U.S. Coast Guard, and U.S. Public Health Service members to examine documents, licenses, or permits relating to the operation of the vessel/floating structure and inspect the vessel to determine compliance with regulations pertaining to safety equipment, vessel equipment capacity, marine sanitation devices, and other pollution and noise abatement requirements. An authorized person who identifies a vessel being operated without sufficient lifesaving or firefighting devices, overload or other unsafe condition, or in violation of a noise level specified in CFR 3.15(a) may direct the operator to immediately suspend further use of the vessel until the condition(s) are corrected, and verified by a park employee. (36CFR 3.4)
25. A copy of this permit (hardcopy or digital) must always be readily available.
26. The permittee shall display a valid Gulf Islands National Seashore decal on all vessels utilized for service in the National Seashore. The decal must be affixed on the port side of the stern portion of the vessel and cleared of obstructions for authorized persons to easily identify it.
27. The permittee must adhere to all sanitation regulations and policies of the National Park Service, U.S. Public Health Service, the State of Florida/ Mississippi, and any local jurisdictions.
28. The permittee will collect solid waste (trash) and transport it to an appropriate receptacle on shore.
29. The permittee and its patrons shall abide by all state, county, and park regulations, laws, and policies, including those related to sanitation, waste management, wildlife closures, feeding/harassing wildlife, and damage to vegetation.
30. The permittee shall maintain all required permits and licenses of all federal, state, and local jurisdictions, ensuring they are current. A current copy must also be on file with the National Seashore. The permittee's responsibility is to maintain a current copy on file with the National Park Service.
31. Natural and cultural features will not be disturbed, damaged, or altered. The permittee is responsible for any cleanup costs and associated charges required after spills or accidents resulting from activities during the permit duration. The permittee is also responsible for any costs and charges associated with restoring the resource(s) due to disturbed natural, cultural, and historical resources. The permittee will be held financially responsible for cleanup following all applicable Federal and State environmental laws.
32. The permittee and their employees will ensure no patrons disturb, climb on, damage, or remove natural or cultural resources or archeological or historical artifacts. Entry into any closed area is prohibited.
33. This permit does not grant exclusive use of any area within Gulf Islands National Seashore. Permit activities must not unduly interfere with other park visitor's use and enjoyment of the area.
34. The permittee's equipment shall always be in serviceable condition and well-maintained. All U.S. Coast Guard and State required safety equipment or Personal Protective Equipment (PPE) will be on board the vessel in serviceable and satisfactory condition.
35. No collection of plants, sea life, or items not normally associated with fishing is permitted without a collector's permit, issued according to existing National Park Service guidelines.
36. The permittee, employees, and patrons must refrain from feeding wildlife and/or attracting wildlife to the vessel by placing organic materials or artificial lures into the water column.
37. The vessel's registered owner must match the CUA holder's name.
38. Anyone working on the vessel must be an employee of the permit holder and listed as an authorized user on the permit. Sub-contracting is not allowed.
39. Point of entry into the National Seashore is by water only.
40. All water-based activity requires the permittee to pick up and return patrons at licensed docks, marinas, etc. The permittee may not pick up patrons from beaches, except in case of emergency to rescue stranded individuals.
41. The permittee may not anchor in seagrass or other submerged aquatic vegetation.
42. The permittee will instruct patrons on "leave no trace" principles. The Park will provide initial instructional materials upon request.
43. The permittee must keep written procedures for handling emergencies near staff and make them available to patrons.
44. The permittee and employees must possess current basic First Aid and CPR certification (adult, child, and infant) and carry first aid equipment commensurate with the group size and training of the Permitee and employee(s). Current First Aid/ CPR certification copies must be kept on file with the National Seashore.
45. The permittee must have reliable communication methods, such as a cellular phone, for use in an emergency.
46. Drones are not permitted within the Park.
47. No sales/rentals or other monetary transactions may occur on NPS property. All transactions must occur outside the park boundary.
48. The use of the NPS Arrowhead is strictly prohibited in any advertising or media, including social media presentations. Any advertising or media mentioning either the NPS or Gulf Islands National Seashore is not permitted without prior written approval by the Park.
49. If food service is provided, it shall be in accordance with the current U.S. Public Health (USPHS) food code and is subject to inspection by NPS or USPHS Safety officer. The permittee must submit the USPHS Food Service application addendum for review to the USPHS Safety Officer. The permittee must obtain a Food Handler certification for preparing, handling, and providing food items to patrons. Pre-packaged items, like granola bars, consumed without another person handling the item are excluded. All prepared food service operations must have a Food Service Manager present during the operation.
50. The permittee may not distribute Styrofoam containers or materials at any time.
Insurance Requirements
Liability insurance is required for all CUA holders under the terms of the authorization. Such insurance should be of sufficient scope to cover all potential risks and in an amount to cover claims that can reasonably be expected in the event of serious injury or death. The minimum commercial general liability insurance is $500,000 per occurrence. Liability insurance policies must name the United States of America as additional insured. The business or person that is providing the service must be the named insured (policy holder). Companies that provide transportation only are not required to have Commercial General Liability as long as the passengers do not disembark.
Other Required Insurance
Commercial Auto Liability Insurance is required if a CUA holder transports passengers or uses owned/leased/rented vehicles in the performance of the service in the park. If a CUA holder charters the vehicle and those chartered vehicles are owned and operated by another company, the CUA holder is not required to have Commercial Automobile Liability insurance. The minimum Commercial Auto Liability Insurance for interstate passenger transport is:
CUA holders authorized to transport passengers or use in the park an owned/rented/leased aircraft are required to obtain Aircraft Liability Insurance. The minimum Aircraft Liability Insurance is $1,000,000 per occurrence.
CUA holders assigned the use of park property must secure Property Insurance. The property insurance must provide the financial means for the CUA holder to repair or replace damaged park property within their care and control. The NPS will provide the Insurance Replacement Value for structures.
- All insurers for all coverages must be rated no lower than A- by the most recent edition of Best’s Key Rating Guide (Property/Casualty edition), or similar insurance rating companies (Moody’s, Standard and Poor’s, or Fitch), unless otherwise authorized by the Service.
- All insurers for all coverages must have Best’s Financial Size Category of at least VII according to the most recent edition of Best’s Key Rating Guide (Property-Casualty edition), or similar insurance rating companies (Moody’s, Standard and Poor’s, or Fitch), unless otherwise authorized by the Service
- The insurance ratings must be submitted with the CUA Application. The rating companies do not issue certificates. We require the insurance broker to note this rating in the Certificate. If the rating does not appear on the certificate, the insurance broker must provide it in another document.
- Be written in English with monetary amounts reflected in USD.
- Reflect that insurance coverage is effective at time of CUA Application submission.
- Name as insured the business or person that is providing the service.
- Name the United States as additional insured.
- Reflect a General Commercial Liability Policy with the minimum coverage amount required in the CUA Application.
- Reflect required additional insurances (commercial vehicle, vessel, aircraft, etc.) with the minimum coverage amount required in the CUA Application.
- Include insurance provider rating or provide in separate document.
Reporting Requirements
Required Documentation
Have the following documentation ready to upload or available on your Company Profile:
Insurance Certification, listing the United States of America as additionally insured
Vessel Registration
Mariner/ Captain's License
US Coast Guard Certificate of Inspection (if carrying more than 6 passengers)
State/County Business License
First Aid/ CPR Certificates for all employees
Acknowledgment of Risk
Food/Beverage Addendum (if required)
Food Service Inspection (if required)
Food Permit from the State Department of Agriculture (if required)
CUA Fees
The application fee for this CUA is $350.
If you have paid for a previous CUA applications for this park during this CUA season, your application fee will be discounted by $100.
The management fee for this CUA is a market price fee based on a percentage of your revenue earned from in-park or park-dependent operations. The fee is not based on your overall revenue or on revenue earned from services not authorized by the CUA that do not occur in-park or are park-dependent. The NPS defines park-dependent operations as those commercial activities that are packaged and sold, marketed to include, or coincidentally include, entry into the park boundaries for part or all of the activity duration.
Less than $250,000 earned from park-based operations - 3% of gross receipts (minus application fee).
$250,000 to $500,000 earned from park-based operations - 4% of gross receipts.
More than $500,000 earned from park-based operations - 5% of gross receipts.
You are required to report revenue each year when you submit the mandatory annual CUA report. The market price management fee is due after NPS staff verifies report accuracy.
The CUA application fee is non-refundable, and you are responsible for ensuring you are applying for the correct CUA service type.
This application is for Boat Tours - motorized in Gulf Islands National Seashore.