(a) There is established within the state treasury a trust fund to be known as the endangered species trust fund to be administered by the department to implement the purposes of this chapter.

The fund shall consist of moneys from the following sources:

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Terms Used In Hawaii Revised Statutes 195D-31

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Department: means department of land and natural resources. See Hawaii Revised Statutes 195D-2
  • Endangered species: means any species whose continued existence as a viable component of Hawaii's indigenous fauna or flora is determined to be in jeopardy and has been so designated pursuant to § 195D-4. See Hawaii Revised Statutes 195D-2
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Technical assistance program: means a program that includes department staff designated to assist landowners in developing, reviewing, or monitoring habitat conservation plans by providing technical assistance. See Hawaii Revised Statutes 195D-2
(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 use of public land and waters and designated for the fund;
(4) Penalties, fines, or auctions resulting from enforcement violations;
(5) Legislative appropriations; and
(6) Moneys deposited to implement the obligations of a habitat conservation plan, as security for habitat conservation plan funding, or technical assistance program fees and payment for costs incurred for use of the technical assistance program as set forth in section 195D-23(d).
(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.

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