Commercial Fisheries Special

Makes the Commercial Fisheries Special Fund permanent. (HB2569

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 189, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "189-    Commercial fisheries special fund.  (a)  There is
 5 established in the treasury of the State a special fund to be
 6 known as the commercial fisheries special fund which shall be
 7 administered by the department.
 8      (b)  The following revenues shall be deposited into the
 9 commercial fisheries special fund:
10      (1)  Moneys collected as fees for commercial fishing
11           licenses and permits, use of public fishing grounds for
12           commercial fishing purposes, and use of commercial
13           fisheries-related facilities;
14      (2)  Moneys collected under the provision of any law or rule
15           related to the importation, rearing, fishing, taking,
16           catching, or killing of any aquatic life for commercial
17           purposes;
18      (3)  Moneys, other than informers' fees authorized under
19           section 187A-14, collected as fines or bail forfeitures
20           or administrative fines for violations of this chapter;

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                                     H.B. NO.           H.D. 1

 1      (4)  Moneys collected from the sale of any article purchased
 2           from the department related to aquatic life used for
 3           commercial purposes or fishing for commercial purposes;
 4      (5)  Any monetary contributions or moneys collected from the
 5           sale of non-monetary gifts to benefit aquatic life used
 6           for commercial purposes or fishing for commercial
 7           purposes; and
 8      (6)  Moneys derived from interest, dividend, or other income
 9           from the above sources.
10      (c)  The commercial fisheries special fund shall be used for
11 the following:
12      (1)  Programs and activities for projects concerning aquatic
13           life used for commercial purposes;
14      (2)  Developing and conducting resource monitoring programs,
15           conducting studies to determine the sustainable use of
16           aquatic life for commercial purposes, and developing
17           recommendations for acceptable levels of use;
18      (3)  Research programs and activities concerning the
19           conservation and management of aquatic life for
20           commercial purposes;
21      (4)  Programs and activities concerning the importation and
22           management, preservation, propagation, and protection
23           of aquatic life used for commercial purposes; and

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                                     H.B. NO.           H.D. 1

 1      (5)  Payroll for personnel of the department or the awarding
 2           of grants-in-aid to or contracts with the University of
 3           Hawaii or other qualified organizations or individuals
 4           to develop or implement the programs and activities for
 5           the conservation and management of aquatic life for
 6           commercial purposes.
 7      (d)  The proceeds of the commercial fisheries special fund
 8 shall not be used as security for, or pledged to the payment of
 9 principal or interest on, any bonds or instruments of
10 indebtedness.
11      (e)  Nothing in this section shall be construed to prohibit
12 the use of general funds or the funds of other programs and
13 activities to implement or enforce title 12, subtitle 5,
14 concerning management and conservation of aquatic life used for
15 commercial purposes."
16      SECTION 2.  Act 220, Session Laws of Hawaii 1996, is
17 repealed.
18      SECTION 3.  The director of finance shall transfer the
19 unexpended balance, including encumbrances and accrued
20 liabilities, of the commercial fisheries special fund established
21 under Act 220, Session Laws of Hawaii 1996, as of the close of
22 business on June 30, 2000, to the credit of the commercial

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                                     H.B. NO.           H.D. 1

 1 fisheries special fund established in section 1.  Encumbered
 2 moneys shall continue to be encumbered until paid out or released
 3 from prior encumbrances.
 4      SECTION 4.  There is appropriated out of the commercial
 5 fisheries special fund the sum of $150,000 or so much thereof as
 6 may be necessary for fiscal year 2000-2001 for the purposes of
 7 this Act.
 8      The sum appropriated shall be expended by the department of
 9 land and natural resources for the purposes this Act.
10      SECTION 5.  New statutory material is underscored.
11      SECTION 6.  This Act shall take effect on June 29, 2000,
12 except that sections 2 and 4 shall take effect on July 1, 2000.