§195D-31  Trust fund.  (a)  There isestablished within the state treasury a trust fund to be known as theendangered species trust fund to be administered by the department to implementthe purposes of this chapter.

The fund shall consist of moneys from thefollowing sources:

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

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

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

(4)  Penalties, fines, or auctions resulting fromenforcement violations;

(5)  Legislative appropriations; and

(6)  Moneys deposited to implement the obligations ofa habitat conservation plan or as security for habitat conservation planfunding.

(b)  The fund shall be held separate and apartfrom all other moneys, funds, and accounts in the state treasury; provided thatmoneys received as deposits or contributions from private sources shall bedeposited and accounted for in accordance with the conditions established bythe agencies or persons making the contribution.  Earnings on the investment ofthe assets of the fund shall become a part of the fund.  Any balance in the fundat the end of a fiscal year shall be carried forward to the next fiscal year. [L 1997, c 380, pt of §2; am L 2004, c 144, §3]