REPORT TITLE:
Commercial Fisheries Fund


DESCRIPTION:
Converts the Commercial Fisheries Special Fund from temporary to
permanent to ensure continued support and funding for commercial
fisheries programs and activities.  Appropriates funds. (SB2910
HD1)

 
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                                                        2910
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE COMMERCIAL FISHERIES SPECIAL FUND.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 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 state treasury a special fund to be known as
 
 6 the commercial fisheries special fund that shall be administered
 
 7 by the department of land and natural resources.
 
 8      (b)  The following revenues shall be deposited into the
 
 9 commercial fisheries special fund:
 
10      (1)  Fees collected for:
 
11           (A)  Commercial fishing licenses and permits;
 
12           (B)  Use of public fishing grounds for commercial
 
13                fishing purposes; and
 
14           (3)  Use of commercial fisheries-related facilities;
 
15      (2)  Moneys collected under any law or rule related to the
 
16           importation, rearing, fishing, taking, catching, or
 
17           killing of any aquatic life for commercial purposes;
 
18      (3)  Moneys collected as fines or bail forfeitures or
 
19           administrative fines for violations of this chapter;
 

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

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

 
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 1 under Act 220, Session Laws of Hawaii 1996, as of the close of
 
 2 business on June 30, 2000, to the credit of the commercial
 
 3 fisheries special fund established in section 1.  Encumbered
 
 4 moneys shall continue to be encumbered until paid out or released
 
 5 from prior encumbrances.
 
 6      SECTION 4.  There is appropriated out of the commercial
 
 7 fisheries special fund the sum of $150,000 or so much thereof as
 
 8 may be necessary for fiscal year 2000-2001 to be expended by the
 
 9 department of land and natural resources for the purposes of the
 
10 fund.
 
11      SECTION 5.  New statutory material is underscored.
 
12      SECTION 6.  This Act shall take effect on June 29, 2000,
 
13 except that sections 2 and 4 shall take effect on July 1, 2000.
 

 
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