Spinner Dolphin Protection: Popular though the swim-with-dolphin tours in Hawai`i may be, they are believed by scientists to pose a threat to spinner dolphins themselves, disturbing their rest patterns and making them more vulnerable to predation by sharks.
More than 10 years ago, the National Marine Fisheries Service began a process of studying the behavior of animals subjected to such tours. Now, finally, it has published a draft rule that would prohibit approaches to spinners any closer than 50 yards, effective out to two nautical miles from shore (and banned altogether in the area between the islands of Lana`i, Maui, and Kaho`olawe).
Commercial tour operators that offer swim-with-dolphin tours, in addition to individuals who swim or kayak from shore to engage with spinner dolphins, “have been interacting with the dolphins during times when these animals are at rest,” NMFS says. “Scientific research has shown that the dolphins’ behaviors have been affected by such human disturbances.”
In addition to the swim-with-dolphin tours, NMFS also notes that “organized retreats centered on dolphin encounters, dolphin-assisted therapy, and dolphin-associated spiritual practices have flourished in certain areas, further increasing the intensity of dolphin-directed activities in nearshore areas and especially within essential daytime habitats.”
Although the rule applies only to spinner dolphins, the dolphin tours often attempt to engage with other species of cetaceans as well, including bottlenose, spotted, and Risso’s dolphins. Robin Baird of the Cascadia Research Collective, who has studied whales and dolphins in Hawaiian waters for nearly two decades, voiced his disappointment that NMFS’ proposed rule dealt with only the one species. “I think that will only lead to increased interactions with other species as a result,” he told Environment Hawai`i.
Yet more restrictions may be in the offing, according to the notice in the Federal Register of August 24, depending on comments received from the public from now through October 23. One possibility is mandatory time-area closure, lasting from 6 a.m. to 3 p.m. in areas that are essential resting habitat for the spinner dolphins. Public hearings will be held across the state in September.
Ann Garrett with the Protected Resources Division of NMFS’ Pacific Island Regional Office, noted that the rule has been “under development since 2005 and has always been about only Hawai`i spinner dolphins since its early scoping.”
She said other species were not included “because they don’t tend to receive the same level of attention, are not as easily accessible and are typically irregularly encountered. That said, all marine mammals are protected from take under the Marine Mammal Protection Act, and anyone engaged in disturbing, harassing or other forms of take of a marine mammal is in violation of the law and risks prosecution. The proposed rule does, however, put people on notice that we consider swimming with cetaceans likely to result in take.”
Rapid `Ohi`a Death Hearings: The state Department of Agriculture is holding public hearings on a proposed administrative rule that would generally prohibit the movement of `ohi`a plants, plant parts, soil, and other known hosts of the fungus causing rapid `ohi`a death (Ceratocystis fimbriata).
Under the rule, if in the future a treatment method is found that kills the fungus, the chief of the department’s Plant Quarantine Branch can approve it and allow the intrastate movement of treated materials.
The schedule for hearings is:
Honolulu: August 31, 5 p.m., DOA conference room, 1851 Auiki Street;
Kahului: September 1, 5 pm, DOA conference Room, 635 Mua Street;
Lihue: September 2, 5 pm, DOA conference room, 4398A Pua Loke Street;
Kona: September 6, 5 pm, West Hawai`i Civic Center, 75-5044 Ane Keohokalole Highway;
Hilo: September 7, 5 pm, DOA Conference Room, 16E Lanikaula Street.
A copy of the proposed rule has been posted on the DOA website: https://hdoa.hawaii.gov/wp-content/uploads/2013-01-4-72-Ohia-Proposed-Amendments-5-23-31rev.pdf
`Aina Le`a Correction: In our August update on the proposed `Aina Le`a development, we incorrectly stated that the Hawai`i County Planning Department had commented on a proposed draft supplemental environmental impact statement (SEIS) for the project. In fact, the county was commenting on a proposed preparation notice for the draft SEIS.
The SEIS prep notice still had not been published at press time.
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