Fisheries Service, in 1979, 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 steps that should be taken to 

 avoid harassing whales and, thus, violating the Marine Mammal 

 Protection Act. 



In recent years, there has been a substantial increase in 

 boat and aircraft traffic in Hawaiian waters and a corresponding 

 increase in the number of reported incidents of aircraft and 

 vessel operators violating the whale watching guidelines outlined 

 in the Service's Notice of Interpretation. The guidelines do not 

 have the legal force of regulations, and the Service has had 

 difficulty prosecuting violators. To overcome this problem, the 

 Service, in 1986, proposed formal regulations to replace the 1979 

 Notice of Interpretation. The Commission commented on the 

 proposed rule and expected it to be finalized in 1988. However, 

 the Service decided not to proceed with adoption of final 

 regulations until it had considered the findings of a whale 

 watching workshop held in November 1988 (see below) . At the end 

 of 1989, no further action had been taken by the Service and the 

 interim regulations were still in effect. 



In addition to the whale-watching regulations, other 

 measures may be needed to protect humpback whales and critical 

 calving, nursing, and breeding areas in Hawaiian waters. For 

 example, studies supported by the Commission (see e.g., Glockner- 

 Ferrari and Ferrari, 1985, in Appendix B) suggest that increased 

 boating activity may be causing whales to abandon or avoid 

 certain traditional calving and nursing habitats. The Commission 

 and its Committee of Scientific Advisors plan to meet in Hawaii 

 in March 1990 to consider these and other matters bearing upon 

 the conservation and protection of marine mammals in the North 

 Pacific. 



Alaska — Part of the central North Pacific humpback whale 

 population inhabits Glacier Bay and surrounding waters in 

 southeast Alaska during the summer months. In the late 1970s, 

 the number of whales using Glacier Bay declined. It was believed 

 that increased tour boat and other vessel traffic may have caused 

 or contributed to the decline and, in 1979, the National Park 

 Service initiated steps to limit vessel traffic during the summer 

 when whales are present. 



As discussed in previous Annual Reports, the Commission, in 

 consultation with the National Park Service and the National 

 Marine Fisheries Service, convened planning meetings in October 

 1979 and December 1981 to identify possible causes of the 

 humpback whale decline in Glacier Bay and research needed to 

 document the actual cause or causes. In addition, the National 

 Park Service initiated consultations with the National Marine 

 Fisheries Service pursuant to section 7 of the Endangered Species 



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