47 



oped and enforced on a regional (or national) level, if the scientific evidence supports 

 that decision. 

 Sincerely, 



Brian MacDonald, 



Associate Director. 



Senator Kerry. Thank you very much. 



You should know that Secretary Brown was geared to go out on 

 a whale watch with us when he visited Plymouth for the dedication 

 of the Stellwagen Sanctuary. Regrettably, the wind and sea that 

 dav prohibited our doing it. But he wants to return, and I hope we 

 will get him out there some time. 



On the self-enforcement issue, before I turn back to the discus- 

 sion of the larger issue here, let me just ascertain this. There is 

 certainly a motive for self-enforcement, because it is in the interest 

 of an industry that requires the presence of whales to make sure 

 that they are still going to be present. Therefore, there is indeed 

 a mechanism of self-interest, because, if you chase the whales 

 away, you will not have a business. 



But, on the other hand, sometimes people, in their effort to 

 please people on the boat or just generically, can get too close. And 

 I am just curious what the methodology is for the self-enforcement 

 with respect to the close approaches? 



Mr. MacDonald. Well, I can speak for the people in the North- 

 east, anyway, because that is where our association is. There have 

 been times, certainly, when boats, both private or commercial, have 

 approached too close. Generally, we, as an association, have agreed 

 to speak to those captains, where it might be a new captain that 

 is not as trained or familiar with the area, and we explain what 

 they did wrong. Maybe it was a directional approach that was a 

 problem, and we were concerned, that if there were not enough 

 whales at that point, with too many private vessels around as well, 

 that the vessel should have been differently directed and so forth. 

 We take the effort to talk to them on a one-on-one basis. 



Senator Kerry. Are there incidents of operators reporting to the 

 association? 



Mr. MacDonald. The way it is designed right now, every opera- 

 tor can report directly to the director or the chairman of that asso- 

 ciation, and it is followed up in every case. There has not been any, 

 fortunately, to any great extent, that is not handled, as I said, on 

 a one-on-one basis, if there was a newcomer that was not too famil- 

 iar with the process. 



Senator Kerry. Now, you mentioned in your testimony that your 

 platforms serve as the base for marine mammal research, et cetera. 

 Is research being done specifically as to the impact of the whale 

 watching itself on the whales? 



Mr. MacDonald. Actually, I can speak for the New England 

 Aquarium that we are doing research right now on vessel direc- 

 tions and approaches and how the whales react to that. Whether 

 you will get some conclusions on that, certainly, as you realize I am 

 sure, research cannot be resolved in one season of observations. 

 But we are doing some at the New England Aquarium right now. 



Senator Kerry. Are there other requirements besides the dis- 

 tance that ought to be asserted with respect to the whale watching 

 procedures or not? 



