RES 166 Draft 01 2020-2022 - Laserfiche WebLink

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WHEREAS, NOAA fisheries extended the public comment period, providing the public with additional time to submit information and comment on the proposed rule by December 1, 2016 deadline; and WHEREAS, since the close of the extended comment period, this critical rule has not yet been finalized or published; and WHEREAS, while final publication of the proposed rule remains pending, the easily accessible and predictable Hawaiian Spinner Dolphins continue to endure increasing pressures from wildlife viewing tours, self -guided tourists, residents, and participants in spiritual retreats who seek opportunities to interact and view Hawaiian Spinner Dolphins during their normal resting periods throughout the day; and WHEREAS, scientific evidence reflects that concerning changes to the behavioral patterns of Hawaiian Spinner Dolphins, such as increase in swimming speeds, aerial behavior, and avoidance, occur when they are closely approached by vessels and swimmers; and WHEREAS, the industry of viewing Hawaiian Spinner Dolphins in Hawaii is prevalent and increasing dramatically in West Hawaii, and now includes aggressive underwater, motorized, and tracking methods to view and chase these precious Dolphins, exacerbating impacts to their behavioral patterns; and WHEREAS, the Kai Kuleana Network, formed in 2013, is comprised of fifteen West Hawaii communities that are actively engaged in place -based conservation for people and nature to thrive and solution -oriented actions focused on `aina momona (healthy vibrant places) in each community; and WHEREAS, the Kai Kuleana Network has expressed opposition to the proposition made by individuals or businesses that personal interaction with or tour viewing operations of Hawaiian Spinner Dolphins are justified because of cultural or religious practice, further asserting that these types of aggressive activities are not of the Native Hawaiian culture, tradition or religion and constitute harassment of the animals (see Exhibit "A" attached hereto); and WHEREAS, the delay in publishing the proposed rule has hindered the ability to enforce and address impacts, respond to citizen concerns, report potential violations, investigate, and issue citations while imposing an undue burden upon enforcement officers whose duties have been extremely challenging and, often times, futile during the interim before the regulation is finalized; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it respectfully urges the National Oceanic and Atmospheric Administration to promptly finalize and issue its publication of proposed rule "Protective Regulations For Hawaiian Spinner Dolphins tinder the Marine Mammal Protection Act" (federal register document citation: 81 FR 57854; docket number: NOAA-2005-0226). 4