2015-01-26 Game Management Advisory Commission Minutes

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Hawaii Game Management Advisory Commission Meeting Minutes — January 26, 2015 DY: So in the State of Hawaii — the federal government is allowed to aerially eradicate in the palila habitat area? LM: The federal government can aerial eradicate wherever it wants. DY: I see ... And does it have the authority to do that in Hawaii? LM: Yes. Under the supremacy clause — the federal government can make laws that are gonna trump state law or local laws and that's what they've done. They've permitted themselves to do aerial hunting. DY: They've actually said that for Hawaii? LM: That's the federal law. Whether they're exercising that right is another thing. DY: So they haven't really specified for themselves that power or authority in Hawaii? It's just a general... LM: It's nationwide the law. TS: Only on federal land, though, not over state land? LM: I'd have to look — to tell you the truth. TS: Because on the mainland it's mostly federal land. LM: I would assume so. TS: That's part of land management — is federal land — whereas Hawaii is state. LM: Yeah, I would assume so. You could imagine that there would be certain constitutional rights and property rights that an individual would have, you know, that would prevent the federal government from coming and destroying your property... But the way the law's written — my understanding is it's quite broad. KD: Who determines what to eradicate and when? I mean basically if you feel that this is one nuisance — OK let's go and just take `em out — that's the whole attitude about it. LM: Yeah. The state — and there are some — obviously there's some statutes and this is what the State's relying on — is the DLNR's management rights and the right to manage wildlife and that's what they're kind of hanging their hat on — is that that permits them to make those kinds of decisions 7