NOAA Fisheries finalized its rule prohibiting swimming with, approaching or remaining within 50 yards of a Hawaiian spinner dolphin a year and a half ago. These specific areas, the agency said, are considered spinner dolphin essential daytime habitats. Scientists say the nocturnal mammals rest on the sandy bottoms of Hawaii's sheltered bays during the day before moving to deeper waters to hunt at night.Īccording to NOAA, the dolphins use those areas close to shore to socialize, nurture their young, shelter from predators and rest in preparation for hunting. He was given a May 11 date in Kona District Court.Ī couple thousand Hawaiian spinner dolphins are estimated to live in waters around the main Hawaiian Islands. The man, David Jimenez, who calls himself Dolphin Dave on Facebook, was charged with two violations of state law-prohibited acts in regard to endangered whale species and harassing wildlife in a state park. On March 4, they cited a 65-year-old Maui man for actively pursuing an adolescent humpback whale and dolphins within Keala kekua Bay State Historical Park. It was the second dolphin-related case state conservation officers were involved with last month on the Big Island. Gaches added that violations of the dolphin rule may result in civil monetary penalties under the authority of the Marine Mammal Protection Act. ![]() In Hawai 'i, federal law prohibits swimming with, approaching, or remaining within 50 yards of spinner dolphins." NOAA spokesperson Lauren Gaches made only this statement : "NOAA urges members of the public to observe marine animals from a safe and respectful distance, and not approach or touch them. ![]() No names or additional details about the case were released last week by either agency. The investigation and possible prosecution of the swimmers, many of whom appeared to be young adults and possibly tourists, is now under the jurisdiction of the federal agency. Under an agreement with NOAA, state conservation officers are deputized as federal officers and authorized to enforce federal marine laws such the Marine Mammal Protection Act, which includes the 50-yard approach rule. Once on land, they were met by uniformed officers from both the state and the National Oceanic and Atmospheric Administration's Office of Law Enforcement. ![]() The swimmers were alerted to the violation while they were still in the water. State Division of Conservation and Resources Enforcement officers came upon the scene during a routine patrol in the South Kona District, according to the Department of Land and Natural Resources. Authorities used a drone to help gather video and photographic evidence and to publicize an enforcement action that made state and national news.
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