tursiops.org - State trying to protect dolphins due to concerns over human-dolphin contact. US

Growing concerns over human-dolphin interaction in the wild may soon result in changes to the popular swim with dolphin tour industry.

The state says it's trying to add more protection for the dolphins, but some believe the plan is flawed. The state is asking the federal government for rule changes concerning spinner dolphins in Hawaiian waters.

A critic believes the state has good intentions, but questions if new regulations can be enforced.

Spinner dolphins are protected by federal law from any attempt to hunt, capture, kill or harass. But is swimming with dolphins considered harassment? The state emphatically says yes!

"The fish are hunting for food all night and the need to rest during the day, and by having the humans going and interact with them, we're interfering with their rest cycle," says Peter Young, Land and Natural Resources director.

It's one reason the state wants stricter rules.

"The experience does not have to include the swim-with program," says Young.

Victor Lozano of Dolphin Excursions currently offers his guests the chance to swim with dolphins on the leeward coast of Oahu, but he supports adopting a no-swim policy.

"To put in a for a no-swim-with-dolphins, which is OK with me. I'm perfectly fine with that, but they also are looking at an approach law to dolphins," says Lozano.

Currently there's a recommended 50 yard approach guideline. The state wants to make it a rule.

"What we're hoping to do through this federal process is see if we can formalize a rule that specifically says the swim with program is prohibited and that you are -- you have only so much approach to any dolphin that's out in the wild," says Young.

Lozano says the proposed rule is not fair.

"Dolphins come to boats all the time, so it's hard for us to see that one being applied to anybody," says Lozano. "It doesn't matter if it's a canoe, kayak, motorized, sail boat, you'd be fined as well or you should be fined if that's what they're trying to do."

He also questions if new regulations can be enforced.

"They lack enforcement bodies, and that's also the federal government lacks enforcement bodies," says Lozano.

"We have a serious lack of compliance all over the place. We could have people take responsibility and comply with the rules and laws, enforcement will have a far easier job," says Young.

"It can't just stop at commercial, it has to go all the way, including the public," says Lozano.

A no-swim policy may be adopted sometime this year.

Source: http://khon.com/khon/display.cfm?storyID=10740§ionID=1155