Section 16.05.130. Diversion of funds prohibited; separate accounts.

   (a) Except as provided in (c) of this section, money accruing to the state from sport fishing, hunting, and trapping licenses, tags, or permit fees may not be diverted to a purpose other than the protection, propagation, investigation, and restoration of sport fish and game resources and the expenses of administering the sport fish and game divisions of the department.
   (b) Money accruing to the state from waterfowl conservation tag fees from hunters may not be diverted to a purpose other than (1) the conservation and enhancement of waterfowl; (2) the acquisition, by lease or otherwise, of wetlands that are important for waterfowl and public use of waterfowl in the state; (3) waterfowl related projects approved by the commissioner; (4) the administration of the waterfowl conservation program; and (5) emergencies in the state as determined by the governor. The department shall maintain a state waterfowl tag fee account within the fish and game fund to permit separate accounting records for the receipt and expenditure of money derived from the sale of waterfowl tags. The department shall prepare a report before April 15 of each even-numbered year for the public and the legislature on the use of money derived from waterfowl conservation tags and limited edition prints. The department shall notify the legislature that the report is available.
   (c) Money accruing to the state from the sale of resident trapping licenses may only be used for furbearer management.  The department shall maintain a furbearer management account within the fish and game fund under AS 16.05.100 for separate accounting of receipt and expenditure of money from the sale of resident trapping licenses.  Furbearer management shall be designed to enhance the furbearer population, increase the productivity of furbearer habitats, initiate useful furbearer research, and educate trappers consistent with the goal to provide for an optimum population of furbearers.
   (d) Revenue from the sale of general hunting, trapping, and fishing licenses and tags together with the federal matching funds from Pittman - Robertson, Dingell - Johnson/Wallop - Breaux programs shall be allocated by the department to programs intended to directly benefit license purchasers of general hunting, trapping, and fishing licenses. The department shall prepare an annual report by project of expenditures from the fish and game fund and notify the legislature that the report is available.
   (e) Money accruing to the state from the sport fishing facility surcharge imposed under AS 16.05.340(j) shall be deposited in a separate account known as the Alaska sport fishing enterprise account within the fish and game fund. Money in the enterprise account shall be allocated to sport fishing facilities intended to directly benefit license purchasers. Money in the enterprise account may be pledged to pay the principal of and interest on revenue bonds issued under AS 37.15.765 - 37.15.799. The commissioner shall seek authority for the transfer of amounts determined under AS 37.15.783 from the enterprise account to the redemption fund established in AS 37.15.770.
   (f) Proceeds received from the sale of bonds issued under AS 37.15.765 - 37.15.799, other than the proceeds used to pay the cost of issuance and administration and the proceeds deposited in the bond reserve account, shall be deposited in a special account in the fish and game fund to be known as the Alaska sport fishing construction account. The construction account serves as a capital construction fund that shall be used for any purpose for which bonds may be issued, including the payment of cost of issuance and administration and arbitrage rebate. The commissioner also may transfer money in the construction account to the redemption fund. Upon completion of the purposes for which the bonds are issued, the commissioner shall transfer any unexpended and unobligated bond proceeds to the Alaska fish and game revenue bond redemption fund to pay outstanding principal, interest, or redemption premium, if any, owing on the bonds.
   (g) [Effective January 1, 2017]. =ro Money accruing to the state from the intensive management surcharge imposed under AS 16.05.340(k) shall be deposited in a separate account known as the sustainable wildlife account in the fish and game fund. Money in the sustainable wildlife account shall be allocated to intensive management programs intended to sustain and enhance big game prey populations under AS 16.05.255(e).

Authorities

16.05.340;37.15.799

Notes

Recent Bills that will modify this

HB 17 FISH & GAME CONSERVATION PROGRAM

References

AS 16.05.340 License, permit, and tag fees; surcharge; miscellaneous permits to take fish and game.
AS 37.15.799 Definitions.

History

(Sec. 18 art I ch 94 SLA 1959; am Sec. 2 ch 41 SLA 1979; am Sec. 2 ch 71 SLA 1984; am Sec. 1, 2 ch 96 SLA 1984; am Sec. 2 ch 211 SLA 1990; am Sec. 6 ch 126 SLA 1994; am Sec. 18, 19 ch 21 SLA 1995; am Sec. 15 ch 30 SLA 1996; am Sec. 2 ch 94 SLA 2005; am Sec. 2 ch 18 SLA 2016)