The Department of Land and Natural Resources Division of Boating and Ocean Recreation (DOBOR) has recently alerted boaters that the National Oceanic and Atmospheric Administration (NOAA) is finalizing an interim final rule. The rule, entitled “Approach Regulations for Humpback Whales in Waters Surrounding the Islands of Hawaiʻi under the Marine Mammal Protection Act," apply to humpback whales within 200 nautical miles from the shores of all Hawaiʻi Islands. The final rule will take effect on January 22, 2024.
The regulations continue to prohibit:
• Operating an aircraft within 1,000 feet of a humpback whale
• Approaching within 100 yards of a humpback whale by any means
• Causing a vessel, person or other object to approach within 100 yards of a humpback whale
• Approaching a humpback whale by interception (i.e., placing an aircraft, vessel, person, or other object in the path of a humpback whale so that the whale approaches within a restricted distance)
• Disrupting the normal behavior or prior activity of a humpback whale by any act or omission
Exceptions to the regulations include:
• Federal, State, or local government vessels, personnel, and assets when necessary, in the course of performing official duties
• Vessel operations necessary to avoid an imminent and serious threat to a person, vessel, or the environment
• Vessels restricted in their ability to maneuver that, because of this restriction, are not able to comply with approach restrictions
• Activities authorized through a permit or authorization issued by the National Marine Fisheries Service that may result in the taking of humpback whales
To learn more, please read DOBOR's alert here.
|