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The Honolulu Advertiser

Posted at 11:47 a.m., Monday, April 9, 2007

Hurt battling coqui frogs? You might not be able to sue

Associated Press

HILO, Hawaii — Big Island lawmakers are pushing for a bill to prevent volunteers from suing if they're hurt trying to eradicate the troublesome coqui frogs.

The question of liability has surfaced as eradication efforts have increased, said the six Big Island lawmakers who introduced the bill, which was passed the House and is currently awaiting discussion in the Senate's Judiciary Committee.

Rep. Dwight Takamine, D-Kohala-Hamakua, said hundreds of volunteers equipped with sprayers struggle through thick and often slippery terrain in efforts to find the noisy amphibians.

Originally from Puerto Rico, the tiny frogs are seen as a major nuisance in Hawai'i. A large colony of frogs can produce a chorus as loud as a lawn mower, and officials fear they may also compete for food with the islands' native birds. Some farmers do see the coqui as a possible plus for their crops because the amphibians can eat the bugs that eat plants.

The legislation would give government agencies and private entities limited immunity from liability, except in cases of gross negligence, wanton acts or omission.

"Coquis live in gulches and in places where it isn't always easy to get to," Takamine said. "Some community members raised concerns about who will be responsible if someone slipped and fell in a gulch."

Hamakua frog control team leader Carol Weldon said volunteers should receive the same protections as volunteer firefighters.

"I've hung off a 250-foot cliff to spray," she said. "I think if the bill passes, people who weren't sure they wanted to volunteer will be pretty sure now they don't want to. We can't do it without the volunteers."

The state has allocated $4.9 million to eradicating coqui frogs last year.