§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 retained
by or transmitted to the department for deposit into the sport fish special
fund:



(1)  Moneys collected as fees for sport fishing
licenses and permits, attendance of aquatic resources education programs, use
of 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 law
or rule relating to the importation, taking, catching, or killing of any sport
fish;



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



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



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



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



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



(1)  For programs and activities to implement title
12, subtitle 5, including the provision of state funds to match federal grants
under 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 sport
fish;



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



(3)  For research programs and activities concerning
sport fish conservation and management.  Research programs and activities
conducted 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 organizations or individuals.



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



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