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HomeMy WebLinkAboutCOM 0326.005 2020-2022 i _P/G0061 cmm t6G�2t X16 I i i Apr]14nd 2021 David Aku Carruthers 1845 Wasp Blvd Bldg 176 Honolulu, HI 96818 Sent via email to: david.carruthers@noaa.gov Re: Human interactions with dolphins (nai`a), whales (kohola), mantas (hahalua) and sharks (mann) in West Hawai'i Aloha, i We represent the Pal `Ohana of North Kona, Honokohau and Kaloko and as lineal descendants of this wahi would like to comment on culturally appropriate human interactions with dolphins (nai`a), whales (kohola), mantas (hahalua) and sharks (man6) 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. 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 imposition to that position. The Pai `Ohana of Honokohau and Kaloko 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 (Tyne 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 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. 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 nb me ka `oia`i`o, Mahealani Pai Representative of Ka `Ohana Pai j Honokohau &Kaloko,North Kona i i i I i i I i