If it was two years ago, it probably would have been just another sunny day at the beach.
But that was then. In October 2021, a new federal regulation went into effect requiring people to keep 50 yards from Hawaiian spinner dolphins in an effort to better protect them from human disturbance.
Last Sunday morning, in what was probably the largest bust of its kind, 33 people were stopped by state and federal authorities for “aggressively pursuing, corralling and harassing” a pod of dolphins at Honaunau Bay in West Hawaii.
Authorities used a drone to help gather video and photographic evidence and to publicize an enforcement action that made state and national news.
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.
The swimmers were alerted to the violation while they were still in the water. 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.
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 .
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.
No names or additional details about the case were released last week by either agency. 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. In Hawai‘i, federal law prohibits swimming with, approaching, or remaining within 50 yards of spinner dolphins.”
Gaches added that violations of the dolphin rule may result in civil monetary penalties under the authority of the Marine Mammal Protection Act.
It was the second dolphin-related case state conservation officers were involved with last month on the Big Island. On March 4, they cited a 65-year-old Maui man for actively pursuing an adolescent humpback whale and dolphins within Kealakekua Bay State Historical Park.
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. He was given a May 11 date in Kona District Court.
A couple thousand Hawaiian spinner dolphins are estimated to live in waters around the main Hawaiian Islands. 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.
According to NOAA, the dolphins use those areas close to shore to socialize, nurture their young, shelter from predators and rest in preparation for hunting. These specific areas, the agency said, are considered spinner dolphin essential daytime habitats.
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. The rule applies to any vessel, person or object — including all boats, canoes, stand-up paddleboards, drones and more — that is within 2 nautical miles from shore in the main Hawaiian Islands and in designated waters bounded by the islands of Lanai, Maui and Kahoolawe.
The rule also prohibits approach by “interception” — placing a vessel, person, or other object in the path of a spinner dolphin so that the dolphin approaches within 50 yards of the vessel, person or object.
There are a few exceptions, including people who “inadvertently come within 50 yards of a Hawaiian spinner dolphin or are approached by a spinner dolphin, provided they make no effort to engage or pursue the animal and take immediate steps to move away from it.”
At the same time NOAA Fisheries was considering that rule in 2021, it was also weighing another: closures of five nearshore areas from 6 a.m. to 3 p.m. daily. They included Honaunau and Kealakekua and three other bays in Hawaii island and Maui.
The rule wasn’t enacted, however, following public opposition that included U.S. Sen. Brian Schatz, D-Hawaii, who told NOAA it would unfairly restrict local ocean access to residents during those hours, especially as the 50-yard rule, if enforced, already protects the dolphins.
Barbara Moore, owner of the Dragonfly Ranch bed-and-breakfast in Captain Cook, said lots of people still want “to commune with the dolphins” even after the federal law was enacted. But she encourages her guests to do their communing from the shore.
“I want to honor the fact that the dolphins have been there and deserve not to be surrounded by people. They really need to have their space,” she said.
Correction: An earlier version of this story incorrectly reported that the swimmers were cited.
