2015-01-26 Game Management Advisory Commission Minutes

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Hawaii Game Management Advisory Commission Meeting Minutes — January 26, 2015 2. Laureen Martin, Office of Corporation Counsel a. Aerial Shooting Ordinance Chair Tom introduced Laureen Martin. She is the attorney that helped with that lawsuit that the State brought against the County of Hawaii for aerial eradication on our (County) ordinance that we have against any aerial shooting. She did an excellent job and we're very proud to have her here this evening to answer any questions. TS: There's supposed to be a court filing at the end — that the plaintive and the defendant's supposed to submit — has that been completed? LM: It's been partially completed. The order has been signed by Judge Hara but the judgment still needs to be signed. It's been submitted to him, so we're just waiting for that. After the judgment is entered, then the appeal can occur. TL: There is a bill — right now that's out — H.B. 799, it's asking the Legislature to approve aerial eradication and I think that you said that should that happen — then our (County) ordinance becomes sort of null. Is that correct? LM: In all probability, if the State does exempt the State from aerial — the 263.10 — then, yes, the ordinance would probably be preempted — as to the State. TS: In the past and I don't know if it's something to be answered — but if DLNR was issuing permits to other agencies to conduct this stuff, How does that work too? How can they issue a permit to an illegal activity? LM: It's interesting because Judge — I guess I should, I really do need to be a little careful because there is this possibility of the appeal and it could come back — but Judge Hara didn't rule that it was necessarily an illegal activity. So, of course, that's the County's position — if it is an illegal activity and the State cannot authorize that — then the permits would not be valid — it would be illegal. TL: Well, the State — I mean this bill if it passes it reads — notwithstanding any other law to the contrary State employees and independent contractors retained by the State may while in flight in, across, or above the State intentionally kill or attempt to kill any wildlife in the furtherance of official State duties. That sort of — that solves that question that he just asked, right? 11