§183D-10.5  Wildlife revolving fund;establishment.  (a)  There is established a wildlife revolving fund underthe department of land and natural resources.

(b)  The following proceeds shall be retainedby or transmitted to the department of land and natural resources for depositinto the wildlife revolving fund:

(1)  Moneys collected as fees for hunting licenses,attendance of hunter education training programs, and use of public targetranges;

(2)  Moneys collected under the provision of any lawrelating to the importation, taking, catching, or killing of game, wildlife,and products thereof;

(3)  Moneys, other than informers' fees authorizedunder section 183D-11, collected as fines or bail forfeitures for violation ofthis chapter or any provision of chapter 195D concerning wildlife conservation;and

(4)  Moneys collected from the sale of:

(A)  Any article, in addition to a huntinglicense, which a person is required to purchase from the department in order tohunt, when the requirement is established by law or rule; and

(B)  Any work of art upon which the articleunder subparagraph (A) is based.

(c)  Expenditures from the wildlife revolvingfund shall be limited to the following:

(1)  For programs and activities to implement orenforce this chapter, including the provision of state funds to match federalaid grants under the Pittman-Robertson Federal Aid in Wildlife Restoration Act(50 Stat. 917, 16 U.S.C. §669), as amended, for projects concerning wildlife;

(2)  For programs and activities to implement orenforce chapter 195D concerning wildlife conservation;

(3)  For acquisition of the use, development, ormaintenance of trails and accessways into or through forest reserves, naturalarea reserves, game management areas, wildlife sanctuaries, public huntingareas, private and commercial shooting preserves, or private lands wherehunting or hiking by the public is authorized; and

(4)  For research programs and activities concerningwildlife conservation and management.  Research programs and activities fundedunder this paragraph may be conducted by personnel of the department or throughgrants-in-aid to or contracts with the University of Hawaii or other qualifiedpersons.

(d)  The proceeds of the wildlife revolvingfund shall not be used as security for, or pledged to the payment of principalor interest on, any bonds or other instruments of indebtedness.

(e)  In addition to subsections (c) and (f),the department may use moneys in the wildlife revolving fund for theimportation into, and the management, preservation, propagation, and protectionof, game or wildlife in the State; provided that the department prior toauthorizing expenditures or expending funds from the wildlife revolving fundshall first use those funds to maximize the State's participation to securefederal funds under the Pittman-Robertson Federal Aid in Wildlife RestorationAct, as amended.

(f)  Nothing in this section shall be construedas prohibiting the funding with general funds or other funds of programs andactivities to implement or enforce this chapter or chapter 195D concerningwildlife conservation.

(g)  The department shall prepare and submit anannual report on the status of the wildlife revolving fund to the legislatureno later than twenty days prior to the convening of each regular session.  Thereport shall include but not be limited to:

(1)  The source and application of moneys depositedinto the fund, including a description of the criteria and process used todetermine funding priorities;

(2)  A description of programs and activitiessupported by the fund;

(3)  A summary of program highlights andaccomplishments; and

(4)  A description of future program plans, includingspecific goals and objectives. [L 1988, c 67, §1; am L 1990, c 83, §1; am L1991, c 290, §1]

 

Case Notes

 

  Section 183D-22 and this section provided the authority forthe department of land and natural resources to require payment of a fee for ahunting-related article such as a stamp; however, since game bird hunting wasan activity permitted under this chapter, the department was required under§183D-3 to adopt a rule pursuant to §91-3 when setting the stamp fees forhunting.  117 H. 16 (App.), 175 P.3d 126.