Updated 6:33 pm, Wednesday, April 10, 2013
A 2012 Hawaii
County ordinance passed
with strong community support to ban hunting from helicopters or airplanes. It
came about because of concerns that eradicating animals by aerial shooting
conflicts with cultural and traditional values and creates safety risks, among
other things.
But the order from the U.S. District Court in Honolulu on Monday said
it's had a "chilling effect" on the state's ability to comply with a
1998 order to eradicate the invasive animals that ravage the forest where the
native birds live.
The Hawaiian honeycreeper's population has declined 66
percent in the past decade, with fewer than 2,200 left, according to
environmental groups who hail the recent order as crucial to the
bird's survival.
Environmental law firm Earthjustice, representing
conservation groups, went to court after it found out earlier this year that
the state Department
of Land and Natural Resources suspended the aerial hunts.
"We reached a court-ordered agreement with DLNR in
1998 that a minimum of two aerial hunts per year were needed if we were to have
any chance of removing sheep and goats from Mauna Kea," said Earthjustice
attorney David
Henkin. "DLNR should not have suspended those hunts without talking to
us and the court first. That decision really set back efforts to save the
palila, but hopefully we can get back on track."
The next hunt is planned for April 22 to 25, department
Chairman William
Aila said.
"The recent federal court order prevents the county
from prosecuting state employees and private contractors who are used to
implement the eradication efforts required by the 1998 stipulated order,"
he said Wednesday. "Aerial shooting is just one of the many methods used
by DLNR to remove sheep, goats, and mouflon from the palila critical habitat,
as required by prior federal court orders."
He noted that while the department also rounds up and
captures the animals from land, they are sometimes in inaccessible areas.
Hawaii County
Corporation Counsel Lincoln Ashida said the ruling is specific to the
1998 order.
"The court did not invalidate the entire
ordinance," he told West Hawaii Today, noting that other aerial hunting
will remain illegal.
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