HomeMy WebLinkAboutCOM 0326.002 2020-2022 a 3
P/Calr
April4"d 2021
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David Aku Carruthers I
1845 Wasp Blvd Bldg 176
Honolulu, HI 96818
Sent via email to: david.carruthers@noaa.gov
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Re: Human interactions with dolphins (nai`a), whales (kohola), mantas (hahalua) and sharks
(mano) in West Hawai'i
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Aloha,
We represent the Kahulamu `Ohana of North Kona, Kahalu'u and as lineal descendants of this
wahi would like to comment on culturally appropriate human interactions with dolphins (nai`a),
whales (kohold), mantas (hahalua) and sharks (mano) in West Hawai'i.
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.0 1361), to protect dolphin, sharks, whales and mantas from harassment by humans.
Harassment includes any act of pursuit, torment, or annoyance that could injure the animals or
disrupt their normal behavioral patterns.
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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
position. The Kahulamu `Ohana of Kahalu'u would like to convey that these types of
interactions constitute harassment of these animals and is not a Hawaiian cultural or traditional
religious practice in our community.
We have collectively witnessed thousands of incidents over the years where individuals and
commercial operators are violating these laws, especially related to nai'a (dolphins), even after
being warned and cited. Over the past few years, there has been a sharp incline in these 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 commercial 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 in our waters during the day (Type et al_ 2017).
We would like to share that we do not know of any Hawaiian indigenous cultural, nor religious
practice,past or present, that allows or encourages interactions between humans and nai`a that
involves touching, swimming with or alongside, following or pursuing these
animals. The only occasion where direct interaction may be appropriate is when a recognized
cultural practitioner, working with federal and state agency partners, assists with the stranding, or
responds to a potential injury or death of a protected marine species, following strict cultural
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protocols. There are some cultural practices involving mann (sharks)but again, these are done
under strict guidance of indigenous practioners and is not something taught to the general public.
In addition, these interactions that constitute harassment pose significant safety risks to humans,
as it is a common practice by commercial operators to have guests snorkeling in large groups
while the boat operators engine is on, resulting in dangerous boating operations that may result in
injury to those in the water.
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Thank you for the efforts by your agencies to uphold the regulations in place to safeguard these
animals from harassment, and the opportunity to share our perspectives.
`O makou no me ka `oia`i`o,
Elizabeth (Kalani) Hamm
Representative of Ka `Ghana Kahulamu
Kahalu'u, North Kona
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