Posted on: Saturday, December 7, 2002

Maui bans exhibition of captive mammals

By Timothy Hurley
Advertiser Maui County Bureau

WAILUKU , Maui — A ban on the exhibition of captive dolphins and whales was approved yesterday by the Maui County Council, but there's a question whether the prohibition is enforceable.

The ordinance was approved unanimously despite a county corporation counsel opinion stating that it is likely superceded by provisions of the federal Marine Mammal Protection Act that allows captive dolphins for public display with a federal permit.

But an opinion by the council's own attorney contradicted the corporation counsel opinion, paving the way for passage.

The measure, introduced by Councilwoman Jo Anne Johnson, is aimed at blocking the Kewalo Basin Marine Mammal Laboratory from building a research facility on Maui with an exhibition component.

The laboratory's Dolphin Institute had announced plans to build a facility within the Harry & Jeanette Weinberg Foundation's proposed $20 million Maui Nui Park in North Kihei, a project that received approval from the Maui Planning Commission a couple of years ago.

Construction of Maui Nui Park — which was to include an indoor amphitheater, lu'au garden, wedding chapel, shops, wharf and boat rides — has not begun.

In proposing the bill, Johnson argued that it's inhumane to keep dolphins and whales in captivity.

The bill prompted hundreds of letters and petitions with more than 15,000 signatures.

"The will of the people is overwhelming on this issue,'' said Greg Kaufman, president of the Pacific Whale Foundation, which has led the campaign against the Dolphin Institute project.