Hawaii — The importance of Hawaii's coastal waters to 

 humpback whales for calving, nursing, and breeding is well 

 documented. In order to protect whales from deliberate and 

 inadvertent harassment, in 1979, the National Marine Fisheries 

 Service published a "Notice of Interpretation of Harassment 

 of Humpback Whales in Hawaiian Waters." This notice provided 

 guidelines for approaching whales and advised boat and aircraft 

 operators of proper conduct when in the vicinity of humpback 

 whales. 



In recent years, there has been a substantial increase 

 in boat and aircraft traffic in Hawaiian waters and a corres- 

 ponding increase in the number of reported incidents of aircraft 

 and vessel operators violating the guidelines outlined in the 

 Service's Notice of Interpretation. However, because guidelines 

 do not have the legal force of regulations, the Service has 

 had difficulty prosecuting violators. To overcome this problem, 

 in 1986, the Service proposed formal regulations to replace 

 the 1979 Notice of Interpretation. The proposed regulations 

 would apply within 200 nautical miles of the Hawaiian Islands 

 and would prohibit, except under permit: (a) operating an 

 aircraft at altitudes lower than 1,000 feet above a humpback 

 whale; (b) approaching by boat or other means closer than 100 

 yards from a whale; (c) causing a vessel or other object to 

 approach closer than 100 yards of a whale; or (4) disrupting 

 the normal behavior or activity of a whale by any other act 

 or omission. 



As discussed in previous Reports, the Commission, in 

 consultation with its Committee of Scientific Advisors, reviewed 

 and, by letter of 23 December 1986, provided comments on the 

 proposed regulations. In its letter, the Commission pointed 

 out, among other things, that the proposed regulations would 

 eliminate the special protection that had been afforded cow/calf 

 pairs in the 1979 Notice of Interpretation. The Commission 

 recommended that traditional calving/breeding areas be iden- 

 tified and designated as areas where vessel approaches closer 

 than 300 yards are prohibited. 



On 23 November 1987, the National Marine Fisheries Service 

 issued an interim rule aimed at reducing disturbance of humpback 

 whales by vessel and aircraft operations. The interim rule 

 took effect on 23 December 1987. It prohibits aircraft from 

 approaching closer than 1,000 feet and vessels or swimmers 

 from approaching closer than 100 yards of humpback whales. 

 As recommended by the Marine Mammal Commission, additional 

 protection is provided in certain cow/calf areas by prohibiting 

 vessels and swimmers from approaching closer than 300 yards. 

 Because the latter restriction was not included in the regu- 

 lations as proposed in November 1986, the Service provided an 

 additional 60-day comment period on this provision. The 

 comment period expired 22 January 1988. 



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