recognized. In order to protect the whales from deliberate 

 or inadvertent harassment, in 1979 the National Marine 

 Fisheries Service published a "Notice of Interpretation of 

 Harassment of Humpback Whales in Hawaiian Waters." This 

 Notice provides guidelines for approaching whales and advises 

 boaters of proper conduct when in the vicinity of humpback 

 whales. Among other things, the Notice advises the public 

 that the following activities may be considered as a source 

 of harassment for humpback whales in Hawaii: (a) operating 

 an aircraft closer than 1,000 feet vertical distance and 300 

 feet horizontal distance to a humpback whale; (b) approaching 

 (either in a vessel or swimming) within 100 yards of a 

 humpback whale or closer than 3 00 yards of a whale on a 

 designated calving/breeding ground; (c) traveling faster than 

 a humpback whale, or the slowest whale in a group of whales, 

 while between 100 and 3 00 yards of the whale or whales; and 

 (d) making multiple changes in vessel speed while between 100 

 and 300 yards of a humpback whale. These actions are 

 prohibited under the Notice. 



Since the Notice was published in 1979, vessel traffic 

 in Hawaiian waters has increased substantially. In recent 

 years, there have been numerous reports of vessels and 

 aircraft approaching humpback whales closer than the dis- 

 tances prescribed in the Notice of Interpretation. In order 

 to more effectively protect humpback whales and to reduce the 

 level of disturbance of the population, the Service, by 

 Federal Register notice of 24 November 1986, proposed formal 

 regulations to replace the 1979 Notice of Interpretation. 

 The proposed regulations would apply within 2 00 nautical 

 miles of the Islands of Hawaii and would prohibit, except 

 under permit: (a) operating an aircraft within 1,000 feet 

 vertical distance of a humpback whale; (b) approaching by any 

 means within 100 yards of a humpback whale; (c) causing a 

 vessel or other object to approach within 100 yards of a 

 whale; or (4) disrupting the normal behavior or prior 

 activity of a whale by any other act or omission. 



The Commission, in consultation with its Committee of 

 Scientific Advisors, reviewed the proposed regulations and, 

 by letter of 23 December 1986, forwarded its comments and 

 recommendations to the Service. In its letter, the Com- 

 mission expressed strong support for the Service's efforts to 

 establish formal regulations governing vessel and aircraft 

 operations in the vicinity of humpback whales. The Commis- 

 sion pointed out, however, that the proposed regulations 

 would provide protection standards that, in some ways, are 

 less stringent than those in the 1979 Notice of Interpre- 

 tation. In particular, the proposed regulations would 

 eliminate the special protection afforded humpback whales on 

 designated calving and breeding grounds and, as a result, the 



122 



