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HomeMy WebLinkAboutRES 166 Draft 01 2020-2022i WHEREAS, on October 21, 1972 the Marine Mammal Protection Act ("MMPA") was enacted to protect all marine mammals and prohibit, with certain exceptions, the "take" of marine mammals in United States waters and by United States citizens on the high seas; and WHEREAS, Congress passed the MMPA in response to increasing concerns among scientists and the public that significant declines in some species of marine mammals were caused by human activities; and WHEREAS, the MMPA established a national policy to prevent marine mammal species from declining beyond the point where they ceased to be significantly functioning elements of their ecosystems; and WHEREAS, in implementing the MMPA, the NOAA National Marine Fisheries Service is responsible for the protection of dolphins while the Marine Mammal Commission provides independent, science -based oversight of domestic and international policies and actions of federal agencies addressing human impacts on marine mammals and their ecosystems; and WHEREAS, in 1994 the MMPA was substantially amended, which included a statutory definition of the term "harassment" as a prohibited activity meaning "any act of pursuit, torment, or annoyance, which has the potential to injure a marine mammal or marine mammal stock in the wild; or has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering"; and WHEREAS, on August 24, 2016, NOAA published a proposed rule entitled "Protective Regulations, for Hawaiian Spinner .Dolphins Under the Marine Mammal Protection Act" to prohibit swimming with and approaching a Hawaiian Spinner Dolphin within fifty yards (45.7 m) for persons, vessels, and objects, including approach by interception; and WHEREAS, NOAA Fisheries conducted six public hearings on the proposed rule to collect oral testimony, including two hearings on Hawaii Island in September 2016 with a public comment period that ended on October 23, 2016; and 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 BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Senator Brian Schatz; Honorable Senator Mazie K. Hirono; Honorable Representative Ed Case; Honorable Representative Kaiali`i Kahele; Ann Garrett, NOAA Assistant Regional Administrator — Pacific Island Regional Office, Protected Resources Division; Martina Sagapolu, NOAA Assistant Director — Pacific Islands Division, Office of Law Enforcement; Adam Kurtz, NOAA Protected Species Management Specialist; Honorable Governor David Y. Ige; Suzanne Case, Chairperson, State of Hawaii Department of Land and Natural Resources; Honorable Ronald D. Kouchi, Hawaii State Senate President; Honorable Scott K. Saiki, Speaker of the State of Hawaii House of Representatives; all members of the Hawaii Island delegation to the State Legislature; and the mayors of all counties in the State of Hawaii. Dated at Kona , Hawai`i, this 21st day of July , 2021 . COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on July 21, 2021 ATTEST: 3 ROLL CALL VOTE Reference: C..—K6.1Waived RA1kTEMC _ RESOLUTION NO. 166 21- AYES NOES ABS EX CHUNG X DAVID X INABA X KANEALI`I-KLEINFELDER X r KIERKIEWICZ X KIMBALL X LEE LOY —X RICHARDS X VILLEGAS X 9 0 0 0 Reference: C..—K6.1Waived RA1kTEMC _ RESOLUTION NO. 166 21- ; PO Box 10 6 Kamuela, H 96743 April 5'h, 2021 David Aku Carruthers 1845 Wasp Blvd Bldg. 176 Honolulu, HI 96818 Re: Human interactions with nai'a (dolphins), kohol5 (whales), hZilidlua (mantas) and manb (sharks) in West Hawaii am The Kai Kuleana Network would like to comment on culturally appropriate human interactions with nai'a (dolphins), kohold (whales), h5halua (mantas) and mann (sharks) in West Hawaii. The Kai Kuleana Network formed in 2013 and is composed of 15 communities in West Hawaii, from South Kona to North Kohala, that are actively engaged in place -based conservation for people and nature to thrive, and collectively supports efforts to engage in solution - oriented actions to focus on 'dina momona (healthy vibrant places with engaged communities) in each community. We would like to thank the enforcement officers with the State of Hawaii Department of Land and Natural Resources and National Oceanographic and Atmospheric Administration with their increased efforts recently to enforce regulations, including the Marine Mammal Protection Act (16 U.S.C. 1361), to protect nai'a, kohold, h5hdlua and mann from harassment by humans. Harassment includes any act of pursuit, torment, or annoyance that could injure the animals or disrupt their normal behavioral patterns. we would also like to commend those law abiding individuals and businesses that share the oceans with aloha (love) and malama (care). It has come to our attention that some individuals or businesses are proposing that the interactions they are encouraging through commercial tour operations or personal interactions are justified by cultural or religious practice, and we would like to express our opposition to that Active Members., Jeffrey Coakley, Kauhola - Diane Makaala Kaneali'i, Blossom Pualani Lincoln Maielua, HonokoalKailapa - George Robertson, Puak6 - Pii Loeba, Francis Ruddle, Kolabuipuaa - Ku'ulei Keakealani, KTholo - Hannah Kihalani Springer, Leina'ala Lightner, Ka'0pdlehu/K0kio t, Reggie Lee, Kohanaiki , Malia Kipapa, PC7hoehoe1Kaholu'u1Keauhou a Krista Johnson and Charles Leslie, iVC7po'opo'ol*Keolakektia,,,Hoi7aiiiiait Charles Young, Hookena , Ka'imi Kaupiko, Miloli7 Kai Kuleuma Network- West Bawai^i Island position. The communities represented bythe Kai Quleananetwork would like to convey that these types ofinteractions ooustdu0cbar000nlerUofthcsean(rnuJmandinnot aHawaiian cultural or traditional religious practice in West Hawai'i. We have collectively witnessed thousands of incidents over the years where individuals and commercial operators are violating these laws, eypcoia||v related tnnui'a(do)pbinm),even after being warned and cited. Over the past few years, there has been asharp incline inthese incidents concurrent with the increasing numbers of tourists and new marine -based businesses that encourage and support this inappropriate behavior. This is significant, as a single disturbance may seem inconsequential, but nearshore pods frequently experience chronic disturbances throughout the day from cornnoenuiu| dolphin tours and recreational viewers. Dolphin researchers have documented that these pods are engaged by swimmers and boaters over 82% of the time they are present inour waters during the day . We would like to share our position that there is no Hawaiian indigenous Cultural nor religious practice. past or present, that allows o,encourages interactions between humans and mu'othat involves touching, swimming with or alongside, following, orpursuing these oni,ou|m. The onlY occasion where direct interaction may be appropriate is when a recognized cultural practitioner, working with federal and state agency partners, assists with a stranding or responds tmu pnLunha| injury or death o[aprotected marine species, following strict cultural protocols. There are some cultural pnucdoos involving ouun6(whod«a) but again, these are done under strict guidance of indigenous practioners and is not something taught to the general public. luaddition, these interactions that constitute harassment pose significant safety risks to as it is a common practice by commercial operators to have guests snorkeling in large groups v/bi|o the boat operators engine is on, resulting in dangerous boating operations that may result in injury to those inthe water. Thank you for the efforts 6vyour agencies tuuphmldthe regulations in place to,safeguard these animals from harassment, and the opportunity toshare our perspectives from the communities in West Hawai'i. 'Omakounaomcko^oia'i'o, Signed onbehalf ofthe Kai KubunuNetwork bvlineal descendants and representativesfrmm Miboio^Ko|upa(Hnookwn)'Ku`Op5|dhu,Qfiki^o,P5hocboe,Kuho|u"u`Keaubmu,Kcalokekue+ 'Vla 11 a K � pace Ka'imi Kaupiko Pa'a Pono & Kalanihale Hmiiah Kibalam Springer Kama-dilla of Ka-flpfllehu, Kona -Akau Ku'ulei Keakealaru Lineal Desc-nidwil of Kekaba, North Kona Cultural Duccror Hut Aloha Kiholc, 10 Af"Im- d1aha Amalo Diane and Roger Kanealii, Jr Kawaihae, Hawaii Kai Kuleana Network- West Hawai'i Island Chayba Yoting KUPA Triend> of Ho okezaa Base: Pa: -k PUWMX� Or :HO*'OKCMA EWACHFARX HWAXI 3 tic hael JOSatto pa rpt, NOAA Regional Administrator NOAA General Counsel Nlarlina,s NOAA Office of Law Enforcement- Pacific Islands Division, Assistant Director 'N!1n, tita�igov, NOAA Protected Species - Dj\ NOAA Enforcement Officer DLNR Chair ,L,kK!L.k, redy I fare I i'hawqji,gpt. DOCAR131 Flafbrcement Division Chief "haleaii­ � DAR Admistrator DLNR State Parks Administrator mni,kUr17.&qqaa,gm, NOAA Marine Life Coordinator Mayor Hawaii County ........... 41' '16C4 ­o�, Director Hawaii Parks and Recreation paks re _)u n 1�1, —I,--,'