103
HOUSE OF REPRESENTATIVES             H.C.R. NO.            H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                                
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                     HOUSE  CONCURRENT
                        RESOLUTION

REQUESTING A STUDY OF THE IMPACT THAT COMMERCIAL MARINE MAMMAL
   WATCHING TOURS MAY HAVE ON MARINE MAMMALS IN WATERS OFF THE
   WAIANAE COAST OF OAHU.



 1       WHEREAS, the coastal waters off of Oahu's Waianae Coast are
 2   home to a rich variety of marine mammals, most notably, spinner
 3   dolphins, Pacific spotted dolphins, and humpback whales; and
 4   
 5       WHEREAS, according to local experts, spinner dolphins feed
 6   in deep waters at night and then move to shallow, nearshore
 7   waters during the day to rest and avoid predators; and
 8   
 9       WHEREAS, over the past few years, this dolphin behavior has
10   come to the attention of various ocean users and has led to the
11   development of a commercial dolphin watching tour industry; and
12   
13       WHEREAS, according to the Department of Land and Natural
14   Resources (DLNR), repeated close encounters with boats during
15   the daylight hours have been observed to disrupt the normal
16   resting behavior of spinner dolphins; and
17   
18       WHEREAS, DLNR is therefore concerned that commercial
19   dolphin watching tour activities could have an adverse impact
20   on spinner dolphins; and
21   
22       WHEREAS, there are additional concerns that commercial
23   dolphin watching tour activities may have an impact on fishing
24   as well as on public safety; and
25   
26       WHEREAS, for example, akule fishers have reported that
27   dolphin watching boats disperse important nearshore akule
28   schools in the Waianae area; and
29   
30       WHEREAS, commercial and recreational boaters have also
31   indicated that some commercial dolphin watching tour activities
32   involve people swimming offshore in open water where they are
33   exposed to high speed boat traffic; and
34   
35       WHEREAS, to identify these and other impacts, and to
36   prevent serious problems from occurring, it is important that
37   DLNR address these concerns in a timely manner; now, therefore,

 
Page 2                                                     103
                                  H.C.R. NO.            H.D. 1
                                                        
                                                        

 
 1       BE IT RESOLVED by the House of Representatives of the
 2   Twentieth Legislature of the State of Hawaii, Regular Session
 3   of 2000, the Senate concurring, that the Chairperson of the
 4   Board of Land and Natural Resources (BLNR) is requested to
 5   establish a Task Force to study the impact that commercial
 6   marine mammal watching tours may have on marine mammals in
 7   waters off the Waianae Coast of Oahu; and
 8   
 9       BE IT FURTHER RESOLVED that the Task Force consist of nine
10   members as follows:
11   
12       (1)  One representative from each of the organizations or
13            industries listed below to be selected by the
14            Chairperson:
15   
16            (a)  The commercial akule fishery of Waianae;
17   
18            (b)  The Nanakuli Hawaiian Homestead Association;
19   
20            (c)  The Ko Olina Marina;
21   
22            (d)  The Hawaii Institute of Marine Biology of the
23                 University of Hawai;
24   
25            (e)  The commercial marine mammal watching tour
26                 industry; and
27   
28            (f)  The Waianae Coast community;
29   
30       (2)  The State Senator from the 21st Senatorial District;
31            and
32   
33       (3)  The State Representatives from the 43rd and 44th
34            Representative Districts;
35   
36   and
37   
38       BE IT FURTHER RESOLVED that the Task Force:
39   
40       (1)  Review the literature on marine mammal watching,
41            including its effects on marine mammal behavior;
42   
43       (2)  Review reports on user conflicts between commercial
44            passenger activities and fishermen;

 
 
 
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                                  H.C.R. NO.            H.D. 1
                                                        
                                                        

 
 1       (3)  Study the feasibility of issuing commercial use
 2            permits for specific rather than unspecified ocean
 3            recreational activities off the Waianae Coast; and
 4   
 5       (4)  Study the feasibility of establishing a marine mammal
 6            watching permit system to better manage ocean
 7            activities in waters off the Waianae Coast;
 8   
 9   and
10   
11       BE IT FURTHER RESOLVED that DLNR's staff from the Division
12   of Boating and Ocean Recreation and the Aquatic Resources
13   Division assist the Task Force, to the extent possible; and
14   
15       BE IT FURTHER RESOLVED that the Chairperson submit findings
16   and recommendations to the Legislature no later than twenty
17   days prior to the convening of the Regular Session of 2001; and
18   
19       BE IT FURTHER RESOLVED that a certified copy of this
20   Concurrent Resolution be transmitted to the Chairperson of the
21   BLNR.