§183D-10.5 - Wildlife revolving fund; establishment.

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

(b) The following proceeds shall be retained
by or transmitted to the department of land and natural resources for deposit
into the wildlife revolving fund:

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

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

(3) Moneys, other than informers' fees authorized
under section 183D-11, collected as fines or bail forfeitures for violation of
this 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 hunting
license, which a person is required to purchase from the department in order to
hunt, when the requirement is established by law or rule; and

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

(1) For programs and activities to implement or
enforce this chapter, including the provision of state funds to match federal
aid 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 or
enforce chapter 195D concerning wildlife conservation;

(3) For acquisition of the use, development, or
maintenance of trails and accessways into or through forest reserves, natural
area reserves, game management areas, wildlife sanctuaries, public hunting
areas, private and commercial shooting preserves, or private lands where
hunting or hiking by the public is authorized; and

(4) For research programs and activities concerning
wildlife conservation and management. Research programs and activities funded
under this paragraph may be conducted by personnel of the department or through
grants-in-aid to or contracts with the University of Hawaii or other qualified
persons.

(d) The proceeds of the wildlife revolving
fund shall not be used as security for, or pledged to the payment of principal
or 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 the
importation into, and the management, preservation, propagation, and protection
of, game or wildlife in the State; provided that the department prior to
authorizing expenditures or expending funds from the wildlife revolving fund
shall first use those funds to maximize the State's participation to secure
federal funds under the Pittman-Robertson Federal Aid in Wildlife Restoration
Act, as amended.

(f) Nothing in this section shall be construed
as prohibiting the funding with general funds or other funds of programs and
activities to implement or enforce this chapter or chapter 195D concerning
wildlife conservation.

(g) The department shall prepare and submit an
annual report on the status of the wildlife revolving fund to the legislature
no later than twenty days prior to the convening of each regular session. The
report shall include but not be limited to:

(1) The source and application of moneys deposited
into the fund, including a description of the criteria and process used to
determine funding priorities;

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

(3) A summary of program highlights and
accomplishments; and

(4) A description of future program plans, including
specific goals and objectives. [L 1988, c 67, §1; am L 1990, c 83, §1; am L
1991, c 290, §1]

Case Notes

Section 183D-22 and this section provided the authority for
the department of land and natural resources to require payment of a fee for a
hunting-related article such as a stamp; however, since game bird hunting was
an 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 for
hunting. 117 H. 16 (App.), 175 P.3d 126.