Ocean stewardship special fund
HRS §187A-51
in effect187A-51. Ocean stewardship special fund
[Section repealed on January 1, 2031.
(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 2024, c 214, §2.]
(a) There is established in the treasury of the State the ocean stewardship
special fund to be administered by the department. [L 2021, c 46, pt of §2, §3]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0187A/HRS_0187A-0051.htmFetched: 11/10/2026