HomeMy WebLinkAboutCOM 0731.014 2010-2012 Page 1 of 1
PICOUta Murashige, Laura Co � y 7v 1
From: Donna.H.Kalama@hawaii.gov
Sent: Monday, June 04, 2012 4:54 PM
To: counciltestimony @co.hawaii.hi.us
Subject: Testimony re Bill No. 261, June 6, 2012, 8:00 a.m.
Attachments: Testimony re Bill 261.PDF
Dear Sir/Madame:
Attached is the testimony of the Department of the Attorney General, State of Hawaii, regarding Bill No.
261. If you would please kindly distribute it to the Council members. Thank you. a -�
Very truly yours,
Donna H. Kalama i
Supervising Deputy Attorney General
Land/Transportation Division p =
Department of the Attorney General, State of Hawaii
465 South King Street, Suite 300
Honolulu, Hawaii 96813
Phone: (808) 587-2995
Fax: (808) 587-2999
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Comm. No 7 1• )4/
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Rif. Dote JUN 0 261?
6/5/2012
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* DAVID M.LOUIE
NEIL ABERCROMBIE ii7E
`r . ,a ATTORNEY GENERAL
GOVERNOR %I%
e,a,, RUSSELL A.SUZUKI
FIRST DEPUTY ATTORNEY GENERAL
STATE OF HAWAII
DEPARTMENT OF THE ATTORNEY GENERAL
425 QUEEN STREET
HONOLULU,HAWAII 96813
(808)586-1500
June 4, 2012
Hawaii County Council
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
Re: Testimony in Opposition to Bill No. 261
Hearing Date: Wednesday, June 6, 2012, 8:00 a.m.
The Honorable Dominic Yagong, Chair, and Members of the County Council:
The Department of the Attorney General, State of Hawaii, respectfully opposes Bill No.
261.
Bill No. 261 would amend chapter 14, Hawaii County Code, by adding a new article
which would make it a violation of the County Code for any person to engage in the eradication
of any animal for any reason while being transported by helicopter, airplane, or other similar
means.
The bill is directed specifically at the State of Hawaii's aerial shooting activities used to
control ungulate populations that are harmful to the State of Hawaii's threatened and endangered
species. The County has no authority to ban or otherwise interfere with the State of Hawaii's
activities. On functions of statewide interest and concern,the general rule is that the counties
cannot thwart the State from performing its duties absent specific authority to take over those
functions. Kunimoto v. Kawakami, 56 Haw. 582, 585-86, 545 P.2d 684, 686-87 (1976). It is
clear that under Title 12, Hawaii Revised Statutes, the regulation and management of wildlife,
game animals, and hunting are statewide functions. The protection of threatened and endangered
species is also a statewide function. See e.g., Hawaii Revised Statutes chapters 183D, 195D.
Moreover, this bill purports to prohibit actions specifically required by a stipulated court
order in the Palila case, Civil No. 78-0030, United States District Court for the District of
Hawaii. In that case the federal district court approved an order that requires the State of Hawaii
Hawaii County Council
June 4,2012
Bill No.261
to aerially sight and shoot ungulates in the Palila's critical habitat area. The County has no
authority to override the federal court order, which is based on federal law.
To the extent the County is seeking to prohibit aerial shooting by persons other than the
State of Hawaii's authorized personnel, this bill is unnecessary inasmuch as section 263-10,
Hawaii Revised Statutes, already prohibits persons operating aircraft or their passengers from
killing or attempting to kill animals while in flight.
Based on the foregoing, the Department of the Attorney General requests that this bill be
held. Should you have any questions regarding this testimony, you may contact me at(808) 587-
2992.
Very truly yours,
or 44
Donna H. Kalama
Deputy Attorney General
Approved:
arrt--a. -"Arc:
Russell A. Suzuki
Acting Attorney General