2021 Hawaii Revised Statutes
Title 12. Conservation and Resources
187A. Aquatic Resources
187A-51 Ocean stewardship special fund.

§187A-51 Ocean stewardship special fund. [Section repealed on January 1, 2029. L 2021, c 46, §3.] (a) There is established in the treasury of the State the ocean stewardship special fund to be administered by the department.

(b) The following shall be deposited into the ocean stewardship special fund:

(1) Moneys collected as user fees pursuant to section 187A-52;

(2) Revenues due to the State from leases of any lands, facilities, equipment, and other property owned by the department and used for or dedicated to the management, research, restoration, and enhancement of aquatic resources;

(3) Moneys collected as fines, bail forfeitures, attorney's fees, and administrative costs for violations of subtitle 5 of title 12 or any rule adopted thereunder, except:

(A) Informer's fees authorized under section 187A-14;

(B) Fines or bail forfeitures for sport fishing violations of this chapter and chapters 188, 189, and 190 pursuant to section 187A-9.5(b)(3); and

(C) Fines, bail forfeitures, or administrative fines for violations of chapter 189 pursuant to section 189-2.4(b)(3);

(4) Moneys collected for the purposes of compensatory mitigation from federal or state permitted impacts to the marine environment;

(5) Grants, awards, donations, gifts, transfers, or moneys derived from private or public services for the purposes of subtitle 5 of title 12, except:

(A) Monetary contributions or moneys collected from the sale of non-monetary gifts to benefit sport fish or sport fishing pursuant to section 187A-9.5(b)(5); and

(B) Monetary contributions or moneys collected from the sale of non-monetary gifts to benefit aquatic life used for commercial purposes or fishing for commercial purposes pursuant to section 189-2.4(b)(5); and

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

(c) Subject to subsection (d), the ocean stewardship special fund shall be used to:

(1) Develop and carry out marine resource conservation, restoration, enhancement, research, regulatory measures, enforcement actions, educational activities, or any other management measure intended to conserve, restore, and enhance marine resources under the jurisdiction of the State;

(2) Develop and carry out restoration and compensatory mitigation measures for impacts to the marine environment, including impacts to the marine environment from federal or state permitted actions, or violations of subtitle 5 of title 12 or any rule adopted thereunder; and

(3) Install, maintain, and replace day use mooring buoys and other infrastructure to reduce impacts to the marine ecosystem.

(d) The ocean stewardship special fund shall be held separate and apart from all other moneys, funds, and accounts in the department; provided that any moneys received from the federal government, through federal programs, or from private contributions, shall be deposited and accounted for in accordance with conditions established by the agency or private entity from whom the moneys are received; provided further that twenty per cent of all gross revenues collected under [subsection] (b)(1) and (2) shall be payable to the office of Hawaiian affairs as ceded lands revenues. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year.

(e) The proceeds of the ocean stewardship 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.

(f) Nothing in this section shall be construed to prohibit the use of general funds or the funds of other programs and activities to implement or enforce subtitle 5 of title 12 or any rule adopted thereunder, concerning management and conservation of the State's ocean waters and the resources therein. [L 2021, c 46, pt of §2]