(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 may waive 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.

(3) The department may waive or adjust commercial use fees on a case-by-case basis when the proceeds from the use or event are donated to the maintenance, management, or the improvement or development of facilities, at the site where the use occurs.

(4) The department may waive or adjust commercial use fees when a service provider donates their services for a charitable cause and is not compensated for the service.

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

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

(7) 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.