U.S. Sen. Brian Schatz, D-Hawaii, is objecting to a proposed new rule from the National Oceanic and Atmospheric Administration aimed at protecting Hawaiian spinner dolphins by establishing timed closures at five Hawaii bays.

NOAA Fisheries published a proposed rule on Sept. 28 (808ne.ws/NOAArule) to establish time-area closures at what are deemed essential daytime habitats for Hawaiian spinner dolphins. Under the proposed rule, designated portions of four bays on Hawaii island (Kealake­kua, Honaunau, Kauhako and Makako) and one bay on Maui (La Perouse) would be closed from 6 a.m. to 3 p.m. daily.

Schatz called the proposal “heavy-handed” in a letter Friday to Rick Spinrad, undersecretary of oceans and atmosphere for the Department of Commerce. He raised a concern that the proposed rules would limit local access to the ocean. He said it was unnecessary given that NOAA on Oct. 28 already had implemented regulations limiting interactions with the dolphins.

“The time-area closures have been justified as protection for spinner dolphins, but the dolphins that use these bays are already protected by a recent NOAA rule that clearly and unambiguously prohibits swimming with, approaching, or remaining within 50 yards of a spinner dolphin within 2 nautical miles of the Hawaiian Islands,” Schatz said in the letter. “With this strong protection for the dolphins already in place, it is easy to understand criticism that the time-area closures needlessly duplicate existing rules.”

Schatz continued, “Worse, the indiscriminate scope of the closures apply to residents and visitors alike, regardless of whether their actions will impact the dolphins or not. This means that a range of activities that do not harm spinner dolphins will effectively be forbidden during the hours of the closure, including: shore casting, spear-fishing, free-diving, exercise swimming, and surfing.”

Cathy Goeggel, president of Animal Rights Hawaii, said Sunday that she disagreed with Schatz, who she said also represents the businesses that make a living visiting the dolphins’ daytime habitats.

“The dolphins come into the bays after a night of hunting, and they are trying to relax,” Goeggel said. “In all of the bays, the guides for the boats are ready to take the tourists out and give them an up-close and personal look at the dolphins. The dolphins really just want to take a nap and digest their food.”

Goeggel said if the additional rule were adopted, it also would provide protection for humans.

“A wild dolphin could attack a person just as easily as a shark could,” she said.

According to information published by NOAA’s Pacific Islands Regional Office on its website, “despite prohibitions, guidelines, outreach, and stewardship efforts currently in place, close interactions between humans and spinner dolphins continue to occur in waters around Hawaii.”

According to NOAA research, viewing wild marine mammals in Hawaii has been a popular recreational activity over the past several decades for tourists and residents. NOAA has estimated that there were upward of 70 tour operators that focused on Hawaiian spinner dolphins. NOAA estimated that there also were more than 100 commercial boat tour and kayak tour operations that might opportunistically view these animals.

NOAA said interactions are especially prevalent at the dolphins’ essential daytime habitats.

“Based on the best available scientific information we have determined that additional regulations are required to protect Hawaiian spinner dolphins from activities that result in take, including harassment or other forms of disturbance as currently defined by statute and regulation,” NOAA said.

PUBLIC COMMENTS

NOAA Fisheries is accepting public comments until Dec. 27. Comments may be submitted online at regulations.gov.

>> Enter NOAA-NMFS- 2021-0091 in the search box and then click on the comment icon.