b'LEGISLATIVE REPORT:Register.PVAsubmittedcommentstothe Know Rules about Vesselsdocket urging the agency to continue to promote LEGISLATIVEvoluntary compliance with recommended vessel practices.To date, the agency has not actually and Marine Mammals issued a proposed rule, but this action remains possible.HUMPBACK WHALES IN ALASKA AND HAWAIIED WELCH // PVA LEGISLATIVE DIRECTOR Some stocks of humpback whales have increased in numbers so much that in October 2016 certain populations were delisted from the Endangered F ederallawsprotectwhales,dolphins,in the entire world.The estimated populationWHALES OFF CALIFORNIA avesselSpecies Act.Other populations still are protected and other species of marine mammals.consists of no more than 400 individuals.TheConservationgroupsareproposingby being designated as endangered or threatened.These environmental statutes should beprimary human-caused mortalities come fromspeed limit of no more than 10 knots offparts thoroughly understood by PVA members thatentanglementwithfi netsandvesselof the California coast to protect endangeredwith a humpback whale.A fi ne of $7,000the MMPA pleaded guilty to a misdemeanorshingSpecifi cvesselapproachregulationsexistfor off ercommercialwhalewatchingtours,butstrikes.A vessel is prohibited from approachingblue, fi n, and humpback whales.These eff ortswas assessed.of feeding orcas.She was fi $12,500, humpback whales (whether endangered or not) in ned they also potentially aff ect vessel operations byor remaining within 500 yards of a right whale.include a lawsuit in federal court and a petitionthe waters of Alaska and Hawaii.The rules specifyput on probation of three years for illegally other PVA members. If within 500 yards of a right whale, the vesselforrulemakingsubmittedtotheNationalthat a vessel must not approach humpbacks noIn Hawaii in 2009, a captain was chargedfeeding orcas, and assigned to 300 hours of must steer a course away and immediately leaveMarine Fisheries Service. Vessel speed limitscloserthan100yards.Seesection126.17andformultipleinstancesofapproachingacommunity service.The Marine Mammal Protection Act (MMPA)the area at a slow, safe speed, unless compliancecould impact ferry service to Catalina Island126.18 of title 50 Code of Federal Regulations. humpbackwhalecloserthan100yards. coverswhales,dolphins,seals,sealions,would create an imminent threat to a person orand the Channel Islands National Park. He eventually paid a civil penalty of aboutCONCLUSIONmanatees, and other species.A key provisionvessel.See section 224.103(c) of title 50 Code ofSPINNER DOLPHINS IN HAWAII $30,000. Someactivistscontendthatthesimple prohibitsaperson(includingtheoperatorFederal Regulations. Inaddition,section702oftherecentlyTherecouldsoonbeafederalruleregardingactofobservingmarinemammalson ofacommercialorrecreationalvessel),withintroducedH.R.3764woulddirectNMFSHawaiian spinner dolphins, a species not subjectIn2017inHawaii,ajudgefoundthatboard a commercial vessel is a violation of limited exceptions, from taking a protectedIn 2008, the National Marine Fisheries Servicetosetspeedlimitsforvessels(regardlessofanother fi of vessel operator was foundtheMMPA,regardlessofthecaretaken toESAprotections.Thesedolphinscanbe ne species.Take is a broad term including to(NMFS) put in place a regulation requiring alength) for areas under U.S. jurisdiction (notdisturbed by interactions with humans, includingto have illegally pursued spinner dolphins.bythevesseloperatortocomplywith harass, hunt, capture, or kill. Of particularvessel of 65 feet or more in length to operatejust offCalifornia) in which vessel strikes areswimmingwithdolphinsandcommercialandThe judge issued a fi ne of $2,500. recommendedviewingpractices.PVA consequenceforavesseloperatoristheat no more than 10 knots at certain times ofpotentially likely.recreational vessels approaching the animals toorejectsthatextremeposition,andthus term harassment which means any act ofthe year when going through designated zonesclosely.AproposedrulewaspublishedintheIn the Florida Panhandle in 2014, a boatfarsohastheNationalMarineFisheries pursuit, torment, or annoyance which has the(Seasonal Management Areas) in which rightSOUTHERN RESIDENT KILLERFederal Register nearly fi years ago on AugustcompanyandacommercialdolphintourService.Buttopreventsuchaposition potential todisturb a marine mammal orwhalescongregate.Seesection224.105ofWHALES IN PUGET SOUNDveoperator were each fi ned $4,500 for feedingfrom gaining traction, it is important for marine mammal stock in the wild by causingtitle 50 Code of Federal Regulations.One suchDespiteextensiveeff ortstoprotectthem,24, 2016.It would establish a vessel approachwild dolphins. PVA operators to know and scrupulously disruptionofbehavioralpatterns,including,Seasonal Management Area is in waters in theendangeredkillerwhales(orcas)belongingrequirement of no closer than 50 yards and wouldadhere to mandatory regulations protecting butnotlimitedto,migration,breathing,vicinity of Cape Cod, Massachusetts, duringto the Southern resident population of Pugetprohibit swimming with dolphins.In response,In2014,afteracontentioustrialinwhales and dolphins, as well as conforming nursing, breeding, feeding, or sheltering. thewinterandspring.ThisSMAhastheSound have been declining in numbers.ThePVA submitted comments on October 23, 2016.federalcourt,aMontereyBayCaliforniatovoluntaryguidelinessuchasDolphin potential of slowing high-speed ferries and boatsfederalgovernmenthasputinplaceavesselThe web blog Honolulu Civil Beat reported inwhalewatch operator and marine scientistSAFE, Whale SENSE, and Be Whale Wise.The Endangered Species Act (ESA) off ers evenengaged in whalewatching.In addition, NMFSstand-offrequirement of 200 yards and a 400- May that NMFS officials hope to issue a fi nal rulewho was charged with criminal violations of moreprotectiontoalistedmarinemammaldeclarestemporaryDynamicManagementyard park in the path prohibition.Washingtonthis summer. species than does the MMPA. Many speciesAreas in other locations when three or moreState has its own stricter regulations, includingGULF OF MEXICO WHALESof whales are listed pursuant to the ESA asanimals are detected; in these DMAs, vesselsa 300-yard vessel stand-offprovision, a limitedA newly designated species of whale, the Gulf of eitherendangeredorthreatened.Theare encouraged, but not required, to slow to novessel no-go area offthe western coast of SanMexico whale, is estimated to have a population ESA prohibits taking a listed species.The ESAmore than 10 knots. Juan Island, and a new licensing program forof but 50 individuals.On May 11, 2021, several defi nition of take means to harass, harm,commercialwhalewatchingcompanies.Seeenvironmental organizations submitted a formal pursue, hunt, shoot, wound, kill, trap, capture,In June 2020, NMFS published an assessmentsection 224.103(e) of title 50 Code of FederalpetitiontoNMFSseekingaruletoimposea or collect, or to attempt to engage in any suchthatevaluatedtheeff ectivenessofthevesselRegulations. speedlimitofnomorethan10knotswhena conduct. speed limit rule; it concluded that continuedvessel is operating in certain ocean waters between speedrestrictionsarewarrantedinlightofHARBOR SEALS IN ALASKA Pensacola Florida and just south of Tampa.The Certain actions by a passenger vessel operatorthepositiveeff ectthespeedrulehashadinIn Alaska, vessel operators have been interactingpetition also wants the agency to establish a 500-could run afoul of both statutes harassmentreducing the number of serious injuries andwithNMFSforseveralyearsregardingthatyard vessel stand-offrequirement.prohibition,aswellastheESAsharmmortalities of right whales. Given the gravityagencysinclinationtopromulgatearule prohibition. These could include:intentionallyofthewhalesheathandpopulationstatusseekingtominimizehumandisturbancesofENFORCEMENT AND PENALTIESnavigating the vessel too close to the animal;andthecontinuinglevelofvesselcollisions,breedingandhaul-outbeachesofnorthernIn Alaska in 2015, the operator of a commercial violating vessel speed limits set by regulations;theassessmetrecommendedthattheruleharborseals.Someofthesuggestedvesselwhalewatching vessel was cited for one of its vessels deliberating feeding the animal; and engagingbestrengthened.AlsoinJune2020,severalrestrictionsthatmightbeincorporatedinathat improperly pursued a pod of killer whales and in swim with the dolphins programs. environmental groups submitted a petition torulewouldseverelyconstrictthetraditionalon another occasion approaching within 100 yards NMFS requesting the agency to strengthen theschedulesandpracticesofsightseeingvesselsof a humpback whale.The operator was required NORTH ATLANTIC RIGHT WHALE vessel speed limit rule to apply to more vessels,in south-central and southeastern Alaska. Into pay a fi ne of nearly $12,000.In 2006, another The East Coasts North Atlantic right whalemore areas, and more seasons.March2013,NMFSpublishedanAdvancecommercialwhalewatchingoperatorsvessel is one of the most endangered whale speciesNotice of Proposed Rulemaking in the Federalignoredthedistancerequirementandcollided LEGISLATIVE REPORT 30 FOGHORN JULY 2021 31 LEGISLATIVE REPORT'