[§195D-31] Trust fund. (a) There is established within the state treasury a special fund to be known as the endangered species trust fund to be administered by the department in order to implement the purposes of this chapter.

The fund shall consist of moneys from the following sources:

(1) Moneys accrued from the sale of retail items officially sponsored by the department for the fund;

(2) Private contributions for the management and recovery of Hawaii's unique plants and animals;

(3) Fees and assessments charged for the commercial use of public land and waters and designated for the fund;

(4) Penalties, fines, or auctions resulting from enforcement violations [for this chapter]; and

(5) Legislative appropriations.

(b) The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury; provided that moneys received as deposits or contributions from private sources shall be deposited and accounted for in accordance with the conditions established by the agencies or persons making the contribution. Earnings on the investment of the assets of the fund shall become a part of the fund. Any balance in the fund at the end of a fiscal year shall be carried forward to the next fiscal year. [L 1997, c 380, pt of §2]

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