2015-01-26 Game Management Advisory Commission Minutes

Home

Hawaii Game Management Advisory Commission Meeting Minutes — January 26, 2015 LM: If that law passes. MB: What Judge Hara said was I won't exempt you from 263-10, but I will not deem — he has not deemed prior eradication flights by DLNR a violation of the law? LM: Judge Hara actually did not rule. He said that he did not have jurisdiction to decide whether the State was in violation or not. Or whether the State could conduct aerial hunting. MB: So basically then it's still in limbo, whether 263-10 applies to DLNR. The County says it does — they don't believe it does. LM: That's correct, but, because they filed the lawsuit and it was dismissed even though it was on a jurisdictional ground — and now you see the State proposing this new legislation. I think there's some recognition by the State that they cannot do it, right ... that they're very concerned about it. MB: Yes, so I would connect those dots as well. So with that being said, so let's say we connect those dots — ensures — sure enough - they are in violation of 263-10. There are penalties associated with 263-10. As a private citizen could I go after the State for all the times they've flown and eradicated? And — for the violation of that law — and the penalty associated with it? LM: Only the Prosecutor can enforce criminal laws. I doubt you could bring a civil action. My understanding is the last time they had State conducted aerial hunting was in 2009 — I would expect any statute of limitations for civil and criminal actions would have run by now. MB: Your prediction on next steps in terms of what DLNR is likely to do? LM: I think that they will appeal Judge Hara's ruling and in the mean time it sounds like they're appealing — I mean they're pursuing that bill. If the bill passes then they will probably dismiss their appeal. MB: Where would the appeal go? LM: To the Intermediate Court of Appeals in Honolulu. MB: Would the County be associated with that at all? LM: Yes, we're a party to the litigation so we would continue to defend the action.