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Home My WebLink AboutRES 166 Draft 01 2020-2022A RESOLUTION URGING THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION TO PROMPTLY FINALIZE AND ISSUE ITS PUBLICATION OF PROPOSED RULE “PROTECTIVE REGULATIONS FOR HAWAIIAN SPINNER DOLPHINS UNDER THE MARINE MAMMAL PROTECTION ACT” (FEDERAL REGISTER CITATION: 81 FR 57854; DOCKET NUMBER: NOAA-2005-0226). 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 Hawaiʻi 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 Hawai‘i is prevalent and increasing dramatically in West Hawai‘i, 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 Hawai‘i communities that are actively engaged in place-based conservation for people and nature to thrive and solution-oriented actions focused on ‘āina 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 HAWAI‘I 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 Under the Marine Mammal Protection Act” (federal register document citation: 81 FR 57854; docket number: NOAA-2005-0226). 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 Hawai‘i Department of Land and Natural Resources; Honorable Ronald D. Kouchi, Hawai‘i State Senate President; Honorable Scott K. Saiki, Speaker of the State of Hawai‘i House of Representatives; all members of the Hawai‘i Island delegation to the State Legislature; and the mayors of all counties in the State of Hawai‘i. Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___. INTRODUCED BY: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I COUNTY COUNCIL County of Hawai‘i Hilo, Hawai‘i ROLL CALL VOTE AYES NOES ABS EX CHUNG DAVID I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai‘i on _____________________________________. INABA KĀNEALI‘I-KLEINFELDER KIERKIEWICZ KIMBALL ATTEST: LEE LOY RICHARDS VILLEGAS Reference: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.