KEALAKEKUA — A decision on a rule that would regulate human-dolphin recreational activity off the Kona coast and throughout Hawaii isn’t likely to be made for at least a year. But heated public conversations on the topic, which will be
KEALAKEKUA — A decision on a rule that would regulate human-dolphin recreational activity off the Kona coast and throughout Hawaii isn’t likely to be made for at least a year. But heated public conversations on the topic, which will be held across the state, began Wednesday night on the Big Island.
Upwards of 100 stakeholders gathered at the Konawaena High School Cafeteria to hear a presentation from the National Oceanic and Atmospheric Administration (NOAA), which proposed a rule under the Marine Mammal Protection Act that would create a 50-yard buffer zone for swimmers, vessels or flying objects approaching Hawaiian spinner dolphins. The rule would extend two nautical miles outward from any island coastline.
Any person or entity violating the proposed regulations, which have been publicly supported by Hawaii’s Department of Land and Natural Resources, would potentially be subject to fines of up to $100,000 and a year of imprisonment. There are exceptions to the regulations, including when dolphins approach swimmers or boats, when a 50-yard limit doesn’t allow for safe navigation and when the safety of a person or a vessel is in question, among others.
The presentation was followed by a question-and-answer session as well as time for public comments. While the reactions varied, one element to the debate was universal: passion.
“You come to our home to tell us what your plans are with the pretense of wanting to hear our views,” said Lanny Sinkin, an elder of Dolphinville, which is a community of people in Hawaii who interact with dolphins in nature more or less religiously. “You gather support from state of Hawaii agencies like the (DLNR), who are more ignorant of dolphin behavior than you are. They expressed their support … for eliminating swim-with-dolphin activities before you even held your first meeting.”
The NOAA proposal and its support from the DLNR are predicated on studies contending that increased human activity in dolphin-resting habitats disrupts resting behavior and may be contributing to displacement of dolphins. Hawaiian spinner dolphins are nocturnal, hunting at night and coming into shallow, near-shore waters to rest during the day.
The studies also indicated numbers of Hawaii Island spinner dolphins are down, estimating the total at about 630.
Anti-rule advocates vociferously disputed these claims as weak and speculative in nature while questioning NOAA’s science. They cited employed phraseology devoid of definitive conclusions, such as studies “might suggest” or “may indicate” potential issues or causes.
Opponents of the rule went on to contend that they themselves are actually engaged in the most fundamental form of science — observation. Person after person gave testimony indicating that over years of interacting with dolphins, they have seen the marine mammals’ numbers rise.
They also contended the dolphins, which are a highly intelligent species, enjoy engaging with humans during their off hours. If they didn’t, they could simply swim away.
“The dolphins choose the moment, not the humans,” said Tim Bates, who opened the comment portion of the evening. “To think that the humans can swim with the dolphins is a bit egocentric.”
But while avid swimmers and small businesses with vested economic interests in swim-with-dolphin activities may have more up-close experience with the practice, none of them produced conclusive scientific proof to support their claims, only anecdotal evidence.
Kathleen Clark, a former employee in the aqua-tourism industry, challenged the legitimacy of those claims, saying she has witnessed boats harass pods of dolphins that are trying to flee up and down the coast for hours on end.
“I hear a lot of people anthropomorphize these animals and saying they like to swim with people,” she said. “I feel like that is kind of wrong. Who are you to speak for them and say that they like to swim with you?”
One concern underlying all the discussion Wednesday night was the potential economic impact the rule might have on industry in Hawaii. Several in attendance earn a living off of dolphin tours.
“You do not believe there will be an impact to the economy or sector in any way,” Bates said to NOAA representatives. “(You say) state revenue loss is uncertain. The reason you think it is uncertain is because you have not done your work.”
But the competitive nature of the industry and the money to be made can lead to problems with regulations, to which Clark alluded in her comments.
Businesses now rely heavily on online reviews to attract customers, which may incentivize some to bend or even break rules in the interest of providing the best experience for their customers.
A few bad reviews on Yelp or TripAdvisor can mean the difference between a business booming or a business busting.
“People have been mentioning self regulation a lot, and there is absolutely none of that going on out there,” Clark said. “If we can’t self regulate … someone needs to step up and be an advocate for these animals.”
Polls conducted by the Honolulu Star Advertiser and ABC affiliate KITV Island News both indicated the public is overwhelmingly in favor of banning the practice, although those polls are not random and thus not scientific in nature.
The discussion of the topic on Hawaii Island has only just begun. Another meeting will be held tonight in the Kealakehe High School Cafeteria from 5:30-9:30 p.m. Any who attend will be welcome to make public statements.
Comments can also be submitted in writing until October 23 by visiting https://www.regulations.gov/document?D=NOAA_FRDOC_0001-3991.
