Boaters seek amnesty for collisions with whales

By Christie Wilson
Advertiser Neighbor Island Editor

With the arrival of the first humpback whales of the season only weeks away, tour-boat captains and other commercial ocean users are pushing for an amnesty policy to encourage reporting of whale-vessel collisions.

Fear of federal fines of up to $10,000 and the potential loss of their captain's license has a "chilling effect" that is keeping many operators from reporting collisions and near-misses, even though it would provide valuable research data, said Jim Coon, head of Trilogy Excursions, which offers sailing, diving and snorkeling activities on Maui and Lana'i. Coon also represents business interests on the sanctuary's advisory council.

A large number of boaters surveyed as part of a recent study said they believe that only about a quarter of such incidents are actually reported. Coon said almost everyone is aware of the 100-yard approach rule "but there is not much motivation for boaters to call up the National Marine Fisheries Service to say, 'Gee, I hit a whale.' "

"Nobody is hitting whales on purpose," said Coon. "These are unintentional encounters."

Finding ways to reduce the risk of whale-vessel collisions has become more urgent with the expansion of Hawai'i's winter humpback whale population and the ocean tourism industry, and with the introduction of high-speed ferries.

Paul Newman, an enforcement officer with the National Oceanic and Atmospheric Administration in Honolulu, said that in recent years there have been only two or three cases of 100-yard encroachment that resulted in small fines. The Maui incidents involved kayakers or recreational boaters, who are subject to a smaller maximum penalty of $2,500.

In the first months of 2003, during the peak of the whale season, three whale strikes were reported, Newman said. One involved a cargo ship traveling at night, and the other two involved whale-watch boats. The previous year, two collisions were reported, including an incident in which a female humpback used a snorkeling boat as a shield against an aggressive male suitor.

All of the cases were self-reported, and no enforcement action was taken.

The collisions are not believed to have caused serious injury to the animals, although there have been earlier instances in which whales in Hawai'i died as a result of vessel strikes.

Gene Nitta, a NOAA marine resource manager, rejected the idea of allowing the reporting of collisions without an enforcement option. "We want to retain the ability to enforce because there are bad apples out there who ignore the rules," he said.

Nitta said his agency looks at the circumstances and uses prosecutorial discretion in handling cases. "I'm not sure we're even instigating enforcement action against someone who self-reports, especially if it's an accident," Nitta said.

Vessel operators are not required to report whale collisions, but Nitta said it would be wise to do so before someone who may have witnessed the incident files a complaint. "There's something to be said for being honest and upfront," he said.

Coon and other boat captains and whale researchers who attended a workshop on Maui last week sponsored by the sanctuary and other agencies agreed there is a need for more data about whale-vessel encounters to help reduce the risk of collisions.

The humpback whale season in Hawai'i generally runs from December through April, although the first arrivals have been reported as early as September and October. The whales migrate from summer feeding grounds off Alaska, spending their winters socializing, mating and calving in the island chain's warm, shallow coastal waters.

The animals are protected by the Marine Mammal Protection Act and state and federal endangered species laws, which have their own provisions and penalties for whale harassment.

An estimated 5,000 humpbacks visit Hawai'i annually, although University of Hawai'i researcher Joseph Mobley said he suspects the numbers are greater. Basing his calculations on five aerial surveys conducted between 1993 and 2003, Mobley estimated that the humpback whale population is experiencing an average increase of 7 percent a year.

The whales generally prefer shallower waters of less than 100 fathoms that are found around the islands of Maui County, the Big Island's Kohala Coast, and Penguin Banks west of Moloka'i. The sanctuary also includes the ocean off the shores of north Kaua'i and north and south O'ahu.

Whale calves are most vulnerable to boat strikes because they are curious and inexperienced, and spend more time at the surface, according to Elia Herman of the Kewalo Basin Marine Mammal Laboratory. Although adult whales can stay submerged for up to 20 minutes or so at a time, the calves must leave their mother's side to surface every one to five minutes.

Adult whales that spend most of their time underwater have a lower risk of vessel collisions, but can surface unexpectedly without giving boat captains time to avert a close encounter, Herman said. Other common behavior such as "logging," or resting motionless on the surface, also make whales difficult to spot from a vessel, she said.

Researchers are testing radar and sonar systems that could help mariners see whales in time to avoid a collision. Whitlow Au of the Hawai'i Institute of Marine Biology said radar tests done at the 1,500-foot elevation at Makaha Ridge above Barking Sands on Kaua'i were successful in picking out individual whales as far as 11 miles offshore, even when they weren't active on the surface.

Although the tests involved a land-based system, Au said it could be adapted for shipboard use.

Separate research has shown that 3-D multibeam sonar also is effective in locating whales, but there was concern among the whale researchers at the workshop about the potential impact on whales and other marine mammals with highly sensitive hearing.

Technology such as radar and night-vision equipment is included in a whale avoidance plan being developed by Hawai'i Superferry, which plans to start interisland service in two to three years. The company is considering the use of a twin-hull design with a shallow draft and no exposed propellers. The ferry would travel at 35 to 40 knots, carrying up to 900 passengers and 250 cars.

The company's Terry White said the whale issue was an early concern for the Hawai'i Superferry. The plan includes altering routes during the whale season, maintaining a 500-yard distance from the animals when possible, and having whale spotters on board.

Some of the recommendations to emerge from the whale-vessel collision workshop include further education of boat captains and crew; developing a "predictability model" to better anticipate situations when whales may be present; examining vessel speed, size and design in relation to whale collisions; setting up a hot line to report whale encounters; and developing an industry code of conduct that might include such guidelines as limiting whale-watch boats to three to a pod at a time or a specific time limit for observing mother-calf pairs.

Coon said reworking the 100-yard approach rule to reflect the fact that most whale-vessel incidents are accidental and unavoidable is "a huge issue" for members of the ocean recreation industry, who have an economic interest in seeing Hawai'i's humpback whales flourish.

Reach Christie Wilson at cwilson@honoluluadvertiser.com or (808) 244-4880.