§187A-9.5  Sport fish special fund. (a)  There is established in the department a sport fish special fund.

(b)  The following proceeds shall be retainedby or transmitted to the department for deposit into the sport fish specialfund:

(1)  Moneys collected as fees for sport fishinglicenses and permits, attendance of aquatic resources education programs, useof public fishing areas or other fishing grounds for sport fishing purposes,and use of sport fisheries-related facilities;

(2)  Moneys collected under the provision of any lawor rule relating to the importation, taking, catching, or killing of any sportfish;

(3)  Moneys, other than informers' fees authorizedunder section 187A-14, collected as fines or bail forfeitures for sport fishingviolations of this chapter and chapters 188, 189, and 190;

(4)  Moneys collected from the sale of any articlepurchased from the department related to sport fish or sport fishing;

(5)  Any monetary contributions or moneys collectedfrom the sale of non-monetary gifts to benefit sport fish or sport fishing; and

(6)  Moneys derived from interest, dividend, or otherincome from the above sources.

(c)  Expenditures from the sport fish specialfund shall be limited to the following:

(1)  For programs and activities to implement title12, subtitle 5, including the provision of state funds to match federal grantsunder the Federal Aid in Sport Fish Restoration (Dingell-Johnson/Wallop-Breaux)Act (64 Stat. 430, 16 U.S.C. §777), as amended, for projects concerning sportfish;

(2)  For acquisition of the use, development, ormaintenance of trails and accessways into public fishing areas, fisherymanagement areas, marine life conservation districts, or private lands wherepublic sport fishing is authorized; and

(3)  For research programs and activities concerningsport fish conservation and management.  Research programs and activitiesconducted under this paragraph may be conducted by personnel of the departmentor through grants-in-aid to or contracts with the University of Hawaii or otherqualified organizations or individuals.

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

(e)  In addition to subsection (c), thedepartment may use moneys in the sport fish special fund for the importationinto, and the management, preservation, propagation, enforcement, andprotection of sport fishes in, the State; provided that the department, priorto authorizing expenditures or expending funds from the sport fish specialfund, first shall attempt to use those funds to maximize the State'sparticipation to secure federal funds under the Federal Aid in Sport FishRestoration (Dingell-Johnson/Wallop-Breaux) Act, 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 title 12, subtitle 5, concerning sport fishmanagement and conservation. [L 1993, c 143, §1; am L 2002, c 86, §3]