SB1173 SD2

SECTION 1. The legislature finds that Hawaii's ocean waters and the marine resources contained within are some of the State's most ecologically, economically, and culturally valuable environmental assets. The increasing popularity of marine ecotourism in Hawaii requires greater measures to ensure the continued health of the State's marine ecosystems. The broad range of recently documented anthropogenic impacts on coral reef health, including coral bleaching, vessel groundings, anchoring and mooring, diving activities, poaching, land-based and water-based pollutant discharges, and other direct and indirect uses of the State's coral reefs, indicate that the department of land and natural resources may need a more consistent and reliable source of funding to manage, protect, and restore marine resources throughout the State. A sustainable funding source is especially critical for successful implementation of the State's 30x30 marine management process, which aims to create a cohesive network of nearshore marine managed areas that benefits fisheries and ecosystem resilience.

The purpose of this Act is to establish the ocean stewardship special fund for the collection and use of moneys for the conservation, restoration, and enhancement of the State's marine resources, and to authorize the department of land and natural resources to collect non-resident fees for the use and enjoyment of the State's ocean resources.

SECTION 2. Chapter 187A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . OCEAN STEWARDSHIP

§187A- Ocean stewardship special fund. (a) There is hereby established in the treasury of the State a special fund known as the ocean stewardship special fund, which shall be administered by the department.

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

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

(2) Revenues due to the State derived from leases of any lands, facilities, equipment, and other property owned by the department of land and natural resources 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 this subtitle or any rule adopted thereunder, other than:

(A) The portions of any fines distributed as informers' fees pursuant to section 187A-14;

(B) Fines or bail forfeitures for sport fishing violations of this chapter and chapters 188, 189, and 190, as authorized under section 187A‑9.5(b)(3); and

(C) Fines, bail forfeitures, or administrative fines for violations of chapter 189, as authorized under 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 this subtitle, other than:

(A) Monetary contributions or moneys collected from the sale of non-monetary gifts to benefit sport fish or sport fishing, as authorized under 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, as authorized under section 189-2.4(b)(5); and

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

(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 this subtitle 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 fund shall be held separate and apart from all other moneys, funds, and accounts in the department of land and natural resources; 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 funds collected under subsection (b)(1) and (2) 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 this subtitle or any rule adopted thereunder, concerning management and conservation of the State's ocean waters and the resources therein.

§187A- Ocean stewardship fees. The department of land and natural resources may adopt rules pursuant to chapter 91 to establish non-resident user fees for the use and enjoyment of the State's ocean resources. Fees collected under this section or any rule adopted thereunder shall be deposited in the ocean stewardship special fund."

SECTION 3. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	1173
THIRTY-FIRST LEGISLATURE, 2021		S.D. 2
STATE OF HAWAII