Posted on: Thursday, November 4, 2004

Lawsuits target hunting changes

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — Big Island hunters filed two lawsuits yesterday in an attempt to block the state Department of Land and Natural Resources from allowing bird hunting on weekdays.

Former state lawmaker and hunter advocate Katsuya Yamada alleges in his lawsuit that the state is violating its own rules by allowing hunting on Wednesdays and Thursdays in Ka'ohe, Mauna Kea, and parts of the Pohakuloa Training Area, and on private lands.

Previously the department allowed bird hunting on weekends and holidays only.

The suit says the department used an administrative action to extend the hunting days effective Oct. 17, but failed to formally amend its rules.

"The inclusion of Wednesdays and Thursdays as bird hunting days was done only at the request of a few hunters wanting to train their dogs when the game management areas are not saturated with other hunters," the suit alleges.

Yamada argues that bird hunting was poor last year because of drought, and that additional hunting days will further reduce brood stocks.

The suit also alleges it is illegal to require hunters to pay $10 for a wildlife conservation stamp that is displayed on hunting licenses and a separate $10 fee for the license.

The suit also alleges firearm hunting has been allowed in areas restricted to bow hunters.

In an Oct. 21 letter to Yamada, Board of Land and Natural Resources Chairman Peter Young said the department is authorized to expand hunting days and require hunters to get the stamp. The change in hunting days was made at the request of hunters who have to work on the weekends, he said.

Young said the department assessed rainfall conditions during the bird breeding season and pre-season bird counts before deciding to open more days for hunting.

Hilo lawyer Gerard Lee Loy filed a similar suit yesterday on behalf of hunters Melvin Tanaka, James Watt, Masaichi Takaki and Dexter Egdamin.

That suit seeks a temporary restraining order and permanent injunction barring the department from adding additional hunting days. It also seeks refunds for wildlife conservation stamp fees going back to 1996, when the department began requiring them.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com or (808) 935-3916.