HomeMy WebLinkAboutCOM 0326.006 2020-2022 F Co 'da
July 17, 2021
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Maile David, Council Chair
Hawaii County District 6
West Hawaii Civic Center—Building A
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74-5044 Ane Keohokalole Highway
Kailua-Kona, Hawai'i, 96740
Tel No.: 808-323-4276
Sent via email to: counciltestimony@hawaiicounty.gov
Re: Resolution No. 166-21 /Comm No. 326
Aloha e Chair- Representative Maile David,
I represent the Kipapa `Ohana of North Kona, Pahoehoe and as a lineal descendant 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. The Kipapa `Ghana is
in full support of proposed resolution 166-21 /comm 326.
I would like to take this time to express my gratitude to Chair David for her unwavering
investment in leading the council's efforts to address the State of Hawaii Department of Land
and Natural Resources and National Oceanographic and Atmospheric Administration efforts by
proposing Resolution No. 166.21 /comm No. 326. This resolution will help to expedite the
amendment efforts to the existing 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 is evident 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 Kipapa
`Ohana of Pahoehoe 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 (T r��eg a6. 2017).
My `ohana and I 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
COMM. INV-V
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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 man6 (sharks)but again, these are done
under strict guidance of indigenous practioners and is not something taught to the general public.
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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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Mahalo for your efforts in building awareness and engaging in your political position to
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encourage sound and appropriate interaction with our ocean life as we collectively and actively
participate and engage in this process to perpetuate pono practices in our waters. I appreciate this
opportunity to support Resolution No. 166-21 I Comm No. 326 in its entirety.
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I ola `oe i ola makou nei,
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Malia Kipapa
Representative of Ka `Ohana Kipapa
Pahoehoe,North Kona I
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(808) 896-2361
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