The
MMC sponsored a literature review by Samuels et al. (2000) to compile information
regarding human interactions with marine mammals in the wild. Upon review of
the report, the MMC stated: "The information and analyses in the report provide
compelling evidence that any efforts to interact intentionally with dolphins
in the wild are likely to result in at least Level B harassment and, in some
cases, could result in the death or injury of both people and marine mammals.''
The MMC therefore recommended to NMFS that it ``promulgate regulations specifying
that any activity intended to enable in-water interactions between humans and
dolphins in the wild constitutes a taking and is prohibited'' (Letter from MMC
to NMFS dated May 23, 2000).
NOAA infers that swimming with the spinners may habituate them in the long term.
We propose that nearshore spinners in Hawaii are habituated, in the classic
sense of the word. Samuels (et al 2000) classifies Hawaiian spinner dolphins
as non-habituated, we disagree with this.
a. Habituation is defined (Samuels et al 2000) as “groups of cetaceans
in which many individuals have sustained interactions with human swimmers on
a regular basis without pursuit by humans or the incentive of food provisioning.”
In the 10 years of observing the resident pod of spinner dolphins on our coast,
I’d say this is an apt description of them, excepting for the last few
years - where pursuit has intensified (then are the dolphins becoming "non-habituated"?).
Habituation is further defined (Samuels, Bejder 1999) as on the presence or
absence of certain behaviors. The cited behaviors which hold true for the spinners
on our coast would include - remaining within touching distance of a human or
vessel in the water (although they are not touched), and rapid travel (not bow
riding) to keep up with a vessel moving at speed. Additionally, they initiate
approaches (Samuel et al 2000) towards both swimmers and boats.
b. “Not habituated” is clarified (Samuels et al 2000)
in one way as individual dolphins not having sustained interaction with humans.
This label is discounted for the Hawaiian population of spinners even though
it is recognized that (perhaps many) anecdotal reports exist.
c. Frohoff (2000) defines habituation as a “waning of response to a repeated
or ongoing stimulation that is associated with neither a positive or negative
reward resulting in the stimulus as having a lack of significance to the animal.”
<italics mine>,
Frohoff (2000) later states that a function of habituation “may be negative
physiological effects (i.e. stress).” How can stress result from habituation
if there is no negative reward (punishment) and the stimulation results in lack
of significance? She also suggests that habituation may lead to a lack of appropriate
responses to the dangers that the stimuli present.
There have been no reported cases of physically aggressive spinner dolphin behavior
towards humans in Hawaii. Neither have non-fatal, non-intentional, or intentional
acts of physical aggression (i.e. objects thrown at dolphins) nor non-fatal,
non-intentional impacts from fishing gear, anchors, propellers been documented
or reported in the context of sociable spinner interactions with humans in Hawaii.
Although entanglement in fishing line and bullet holes are evident from other
sources.
d. The closest situation we see to the spinner-human interaction (in our area
anyhow) is the interaction found on the Little Banks of the Bahamas. There,
dolphins first approached humans, similar to Hawaii. On the Leeward Coast
of Oahu, the resident spinner dolphin pod encountered and approached coastal
recreational and subsistence users many years before people intentionally
and increasingly began seeking encounters with them. These would include spearfishers,
boaters, kayakers, canoe paddlers, surfers, divers, swimmers and net layers,
etc. It seems likely that habituation of the spinners was an initially
more rapid process, through repeated and increasing exposures, than the spotted
dolphins on the isolated Little Banks of the Bahamas.
e. The two types of (labeled as habituated) spotted dolphin-human encounters
Herzig (1999) reports are 1) Interactive – when dolphins are mutually
curious and engage in interaction with humans, and 2) Observational - when dolphins
engage in their own behavior; are indentical to the Hawaiian spinner dolphins
actions in daytime habitats.
Ken Norris in “Dolphin Days, Life and Times of the Spinner Dolphins”
(1991) claims that “there are in fact solid indications that one can make
friends with wild dolphins.” His first informant concerning the Kealakeakua
spinners told Norris (1991) in the 1960’s that the dolphins clustered
around him as he swam over the sandy area. During the period of his extensive
research on the spinner dolphins Norris writes of students who performed underwater
behavioral research with the Lanai, Kealakeakua and other Hawaiian spinner pods.
He details the accounts of Jody Solow who in the works of her master thesis,
frequently had pods of 20 – 60 spinners approach her “sometimes
only a body’s length away” and becoming part of their playgroups
(Type 1). She did not have as much luck with the Kealakeakua pod, of whom
she only spent a brief period of time with. Norris felt that this pod (in the
1980’s) were already habituated to swimmer presence and hence ignoring
her (Type 2). He concludes the chapter saying the spinners are “clearly
uncommonly welcoming wild animals.”
f. Samuels (et al 2000) describes “not habituated” dolphins
as those having infrequent contact with humans or which show disturbance reactions.
The "habituated" spotted dolphins in the Bahamas have shown negative
reactions to vessel approaches (Ransom 1998), and one spotted calf was found
to have life threatening wounds, presumably from a boat propeller. All opportunities
to swim with these dolphins are conducted by boats. Ransom (1998) also
reported an instance of aggression towards a swimmer who came between a mother
and calf. The visited area that the spotted dolphins frequent could also
be termed “critical habitat.” Hawaiian spinners are rarely seen
feeding in their daytime habitat (being nocturnal feeders), as the spotteds
regularly do.
g. Samuels (2000) communicates that the “habituated” dolphins in
the Florida Keys took time to trust the operators. One operator in particular
is cited to have taken over six months to habituate specific dolphins. This
suggests in itself that avoidance (or aggressive) behavior (disturbance) took
place while “trust was gained.”
h. The Concise Oxford Dictionary of Ecology defines habituation as “A
decrease in behavioral responsiveness which occurs when a stimulus if repeated
frequently with neither reward or punishment. The process involves learning
to ignore insignificant stimuli and should not be confused with accommodation.”
By this definition, the spotted dolphins would not be habituated as their response
to humans is lengthening (Samuels et al 2000). It may also be found that
the Florida Key Dolphins have also lengthened their time with humans, as that
time was nil before trust was established. However Norris (1991) noted that
(20 years ago) the more visited Kealakeakua spinner pod spent less time with
swimmers. Courbis (2004) "found that spinner dolphins exhibited decreased
aerial activity during their entry and exit into Kealakekua Bay when compared
to previous studies, as well as increased aerial activity during mid-day when
dolphins typically rest."
i. Samuels (et al 2000) review of 151 sources pertaining to swimming with wild
cetaceans, sirenians and sharks did not include one of Norris’s publications,
even though he is recognized as perhaps the most respected of odontocete researchers.
It is noted in the Recommendations section (Samuels et al 2000) that spinner
research results are "preliminary" but sufficient to indicate disturbance,
and clearly constituting harassment.
Samuels (et al 2000) above recommendation cites the Forest (1999) study, where
it is noted that the findings showing disturbance may be erroneous; another
study on “The presence of spinner dolphins affects human use and sex ratios
of swimmers in Kealakeakua Bay” which is referenced in no other context
then it is a preliminary study on responses of spinners to humans (even though
the title implies the reverse); Green and Calvez (1999) who find spinners are
interactive with humans during the morning hours, and less so as the day progresses
(descending into rest) (Herzig’s Type 1 and 2 encounters?); and Psarakos
and Marten (1999) reporting their research goals and methods, but no findings
as data were not analyzed. This clearly constitutes harassment?
j. We suggest that since the Little Banks programs likewise show documented
disturbance, in at least some cases to the spotted dolphins, and suggested disturbance
to the Florida Keys dolphins, the “not habituated” definition adversely
singles out the spinner dolphins of Hawaii. We also find it quite ironic that
although are no reports of injury to swimmers or spinners in Hawaii (and no
intentional “training period”), interaction is clearly “harassment”
(Samuels et al 2000) while the recommendation for provisioned bottlenose in
Florida (where both dolphins and swimmers are injured) to be only “enforcement
of the no-feeding ban.” We suggest that the coastal resident pods of spinner
dolphins should at least be listed as Category 3 (Samuels et al 2000),“habituated”
dolphins.
k. We further suggest that scrutiny of this report (Samuels et al 2000)
may find it faulty and lacking in compelling evidence (in at least the case
of the Hawaiian spinner dolphins) to be used as a basis for proposed changes
in rulemaking. However, we are not saying that further science-based management
is not warranted.
NMFS
requests comments on what type of regulations and other measures would be appropriate
to prevent harassment of marine mammals in the wild caused by human activities
directed at the animals.
1. Appropriate measures require recognition of the habitat needs of the spinner
dolphins. Few studies have been conducted specifically on the impact of human-dolphin
interaction in Hawaii. Fewer still on the human-dolphin interaction on the Waianae
Coast, with none published. What studies have been done here (Psarakos and Marten,
1999) have yet to be analyzed. Frohoff (2000) found in her literature review
on odontocete stress during human-dolphin interactions that management appeared
to be most effective when it was science-based, species and site specific, and
implemented early in the development of the interaction. This is still possible
and desirable on the Waianae Coast of Oahu.
The spinner dolphins in Hawaii are one very few odontocete populations that
do have pre-“impact” baseline data. Bernd Wursig (1999), involved
and well recognized in spinner studies in Hawaii since 1979, states that even
though some aspects of human behavior can disturb spinner dolphins, especially
during rest, dolphins are amazingly behaviorally flexible in the face of many
aspects of human intrusion. Wursig (1996) also noted that in a situation (in
the Bahamas) solely similar to Hawaii’s human-dolphin interaction stricter
regulations would be needed “only when the number of vessels and
attendant underwater activity and noise increased, no longer allowing the animals
to easily and comfortably ‘escape.’”
Driscoll-Lind and Ostman-Lind (1999) found during the course of their studies
on behavior and movement patterns (off Lanai) that dolphins were clearly disturbed
by the presence of people (or even one person) following them, in at least some
cases. They also say that spinners continue to return to their daytime
habitats even when repeatedly disturbed by boats, swimmers, or kayakers. Their
studies appear to focus on the time when the dolphins are resting and do show
higher susceptibility to disturbance.
We suggest that vessels be limited in number and there be no vessel visitation
to the resting ground during documented resting periods, 11am to 1pm (Norris
et al., 1994), or as Green and Calvez (1999) report mid-morning and afternoon
hours. We would also suggest no swimmers from shore, but this may be complicated
by public rights to beach access.
2. The industry here may be self-regulating in itself. For one, operators can
watchdog each other. Moreover, if swimmers act in a way that can be determined
to be pursuit, annoyance, or tormenting, or adversely changing the behavior
of a spinner dolphin, the dolphin will move away. Spinners can effortlessly
out swim a human, though they shouldn’t have to. If swimmers are aware
that they must “blend in” to the habitat, they tend to act responsibly.
Swimmers from a tour can be more easily educated and monitored than swimmers
from shore who may be acting opportunistically, with no knowledge of spinner
behavior.
3. Education can be a very powerful tool as learning about a particular animal
is often the first step towards becoming active in its conservation. As noted
dolphin researcher Ken Norris states, "Our knowledge of these dolphins is their
protection. You cannot kill what you come to love." The ancient Hawaiians recognized
the special quality of dolphins and designated them as a form of Kanaloa, or
"god of the sea," in the Kumulipo, the Hawaiian chant of creation.
4. The spinners daytime habitats on this coast are in fairly remote areas. Enforcement
of a no-swimming law would be difficult for swimmers from shore, and visitors
to the island here infrequently may not know of prior fines (setting an example).
There is a beach on the Oahu where green sea turtles regularly haul out on the
sand. There are clearly visible posted signs that they are endangered and cannot
be touched, fed, harassed etc. People (usually visitors) interact with these
turtles on a daily basis, many are brought by tour companies and buses.
There is also a very visible sign at one of the spinner daytime habitats here
warning of fines for illegal interaction. Visitors quite regularly swim out
from this potentially hazardous beach for dolphin interactions, regardless of
swimming ability, knowledge of the waters or knowledge of the spinners behavior.
Hotels have been known to give their guests maps to this beach, with no other
instructions about dolphin behavior, water safety, etc.
We suggest that marine mammal tour operators who are observing the animals on
a consistent and regular basis and keeping detailed logs would be in a good
position to recognize changes to the resource. Sensitive operators being the
daily eyes and ears on the water can serve as a bridge between less sensitive
(economically based) operators, human-induced degradation of the habitat and
conservation efforts. Knowledge gained from the daily observation of dolphin
communities may serve to establish clear inferences as to how humans should
behave toward these communities and their component organisms. They are in an
excellent position to educate the public and be ambassadors to the mammals and
their habitat. Making operators ambassadors gives passengers a feeling of contributing
to the welfare of these animals. As a whole, they can “patrol” the
coasts, educate other visitors and document violations if warranted, lessening
enforcement burdens on NOAA’s part (to be out on the water).
5. Economically (and in a perfect world), operators posses vested interest in
the conservation of the resource they are exploiting. Certification programs
for tour operators would guarantee that they are aware of regulations, and mammal
behaviors appropriate to their areas. Certification programs can either be paid
for by the captains attending or come from a fund. This fund could be supported
by a (perhaps $1) per passenger surcharge (whale watching activities have grown
into a billion dollar ($US) industry, Hoyt 2001). Funding could also support
ongoing research to determine resource health and carrying capacities.
6. Likewise the whole goal of interaction with spinners in Hawaii is not
to change their behavior. Being smaller herd-like animals, if something should
trigger the fight-or-flight reflex, they invariably flee. As Green (1999)
notes during resting periods, the dolphins either moved away from or swam around
the perimeter of the humans. However she does not say they left the resting
grounds, as they would if threatened by a shark. Forest (1999) also finds little
significant difference in aerial behaviors of the spinners around swimmers in
the morning, besides the dolphins appear calmer. If the conclusion can be made
that increased aerial behaviors due to human activities is disruptive to energy
levels, then swimmers reducing aerial activities can be said to be beneficial.
As Wursig (1996) noted that in a situation (in the Bahamas) stricter regulations
are needed “only when the number of vessels and attendant underwater
activity and noise increased, no longer allowing the animals to easily and comfortably
‘escape.’”
7. Operators (or incidences) do exist that are not using discretion, are making
purely economically based decisions, and/or act responsibly only when the coast
guard helicopter is overhead. The best recourse we see is to empower the community,
or other operators, to become watchdogs/ambassadors. Education programs can
be sponsored by the above fund (#6), and/or also by a “We Tip” program,
where harassment is reported to the proper agency and the “tipper”
is rewarded a certain amount upon prosecution of offender.
“A thing is right when it tends to preserve the integrity, stability,
and beauty of the biotic community. It is wrong when it tends otherwise."
Aldo Leopold
"We must live for something besides making a living. If we do not permit
the earth to produce beauty and joy, it will in the end not produce food either...
Unless somebody teaches love, there can be no ultimate protection to what is
lusted after.”
Joseph Wood Krutch
8. The problem here, on the West Coast of Oahu appears to be related to
the number of marine mammal tours operators and opportunistic swimmers from
the beach (the more swimmers the larger the chance for aggressive or unaware
swimmers to be present). Too much of either can be a safety issue as well potential
Level B harassment. Disturbance by the number of boats is recognized in
Forest (1999) study, causing increased energy expenditure. The frequency of
aerial activities by the spinners in their resting grounds increased with the
number of boats observes following within 10m of the dolphin pod or driving
through them.
We have lobbied on the state level in the past to have moratorium put on the
number of tour operators, until studies could be conducted to determine the
carrying capacity (in relation to human visitation) of the spinners daytime
habitat. We were unsuccessful, although putting a cap on visitation appears
to be the best preventative measure. The privately owned Ko Olina harbor is
the biggest threat right now. Being privately-owned, operators do not need a
state commercial permit, and any number of operators can now depart from this
prime location (the nearby state harbor has a limited number of permits, thereby
limiting operators). The waters have the potential to become quite choked with
operators and neither outlawing dolphin swims nor instituting a 50 yard approach
law will help the imminent conditions in their resting grounds, or paths of
travel.
NMFS Regional Wildlife Viewing Guidelines for Marine Mammals are available
on line at: http://www.nmfs.noaa.gov/prot_res/MMWatch/MMViewing.html
1. NOAA’s guidelines are based on terrestrial animals. A regular
question I asked visitors on board is if they've ever encountered a wild animal
that approached them as a dolphin did (without being provisioned). The only
similarity in a terrestrial animal that I've heard of is a deer. I’ve
been told that a deer will curiously approach if you are very still, blending
into the environment (similar to desired behavior around the spinners).
What other wild animals approach moving vessels? Almost every oceanic movie
will show dolphins riding on the bow of a boat. Dolphins will approach vessels
and “ride the bow” without a pressure wave, or enough of one, to
make it a “free ride.” They “ride the bow” zigzagging
in front of slow moving kayaks and swimmers alike. While the basis of
the terrestrial guidelines are sound, dolphins are a different ball game.
As Norris (1991) states, dolphins are “clearly uncommonly welcoming
wild animals.”
“He [Dolphins] also exhibits a friendly willingness to cooperate with
other earth creatures -- a rare attribute which another animal, Homo Sapiens,
has not yet learned to do with any consistency". Barbara Tufty
2. A substantial concern is that when operators approach the spinners for a
swim, it is desirable for the spinners to be as low key possible. Vessel approach
and in-water behavior mirrors this. If tours are strictly boat-based, operators
are going to want to "give" their clients spinner aerial action and increase
speed. Likewise, for the 50 yard approach law. If vessels approach up slowly,
spinner behavior is unlikely to change. If you pass by them at even 50 yards
away at an optimal "dolphin ride" clip, at least a few dolphins are very likely
to approach the boat for a bow-ride or produce some aerial activities. Dolphins,
on the whole are much more curious and responsive then whales, for whom the
100 yard approach law may serve to lessen disturbance.
3. Specific guidelines for the resting grounds, should include, no-wake zones,
limiting the number of operators and time allowed, a "rest (no- tour vessel)
period" coinciding with the fairly well-documented 11:00 to 1:00 "sleep" pattern.
4. On the island of Oahu, Hawaii, it would appear that current
MMPA regulations (“any act of pursuit, torment, or annoyance
which . . . has the potential to disturb a marine mammal or marine mammal stock
in the wild . . . or, the negligent or intentional operation of an aircraft
or vessel, or the doing of any other negligent or intentional act which results
in disturbing or molesting a marine mammal”) are adequate, if recognized
and enforced.
Courbis (2004) reported high levels of vessel and swimmer traffic in Kealakekua Bay and neighboring Honaunau Bay and Kauhako Bay, and found that spinner dolphins exhibited decreased aerial activity during their entry and exit into Kealakekua Bay when compared to previous studies, as well as increased aerial activity during mid-day when dolphins typically rest. Spinner dolphins in Kealakekua Bay also appeared to have shifted their preferred resting area in response to vessel and swimmer presence. In Kauhako Bay, dolphins were documented avoiding swimmers and leaving the bay in response to being followed, while in Honaunau Bay, dolphins were documented to spend more time at the mouth of the bay or in deep water at the center of the bay when swimmers were present.
"There were no statistically significant correlations between the mean number of any particular category of aerial behaviors per hour or the overall mean number of aerial behaviors per hour and the mean intensity of vessels/swimmers per hour or the mean intensity of vessels/swimmers per hour within 50m of the pod in any of the bay." Courbis 2004
" Because the sample size for this study was so small, I do not think it is appropriate to try to find a polynomial that describes the relationship." Courbis 2004
"A third possibility is that there are motivations for aerial behavior aside from vessel/swimmer approach (Norris et al, 1994), and aerial behaviors brought on by these alternative motivations confound the data. I think this is likely the situation." Courbis 2004
Despite Courbis' own testimony to the statistical deficiencies of her study, I have also found it notable that the spinners on the Waianae coastline are spending less time in a deep rest mode. This could be due to the increase in both the amount of dolphin tour vessels and their swimmers, and the number of trips per day. As of this writing there can be daytime tour boat visitation up to 4 pm in the afternoon, and then sunset tours begin.
While Courbis found no difference from past studies in the dolphins' occurrence in her studied resting grounds, there is anecdotal evidence that this is occurring. From our unpublished data, in recent years spinner dolphins are found less often at Makua and more frequently at Kahe Point. The irony is that Kahe Point has more tour vessel traffic than Makua.
Ostman-Lind et al. (2004) found that human disturbance was highest in mid-morning when spinner dolphins begin their rest period, and that secondary resting areas with less vessel traffic were utilized more than had been previously observed.
While Courbis (2004) found no difference from past studies in the dolphins' occurrence in her studied resting grounds, there is anecdotal evidence that this is occurring. From our unpublished data, in recent years spinner dolphins are found less often at Makua and more frequently at Kahe Point. The irony is that Kahe Point has more tour vessel traffic than Makua. This has also been found true in the shift from dolphin use of Keahole Bay to the Kailua- Kona bay.
The table below (Ostman-Lind et al. 2004) represents the field effort that was the basis for bolded comment above. Twenty-two days on the water, spread over 6 months, appears too small of a sample size to determine anything besides identification of individuals and the species found (while not ruling out species not found).
| Month | Inshore | Offshore |
| March | 1 | 1 |
| May | 1 | |
| June | 8 | |
| July | 8 | |
| October | 2 | |
| November | 2 |
Table 2. Field effort (number of days) by month. One survey day conducted in March, was divided between inshore and offshore waters. Ostman-Lind et al. (2004)
Ross
(2001) found that Hawaiian spinner dolphins around Midway Atoll in the Northwest
Hawaiian
Islands exhibited short-term behavioral changes in response to vessels at distances
of 300 meters and 100 meters.
The resident spinner pod at Midway is culturally different than the resident spinner pods found on the Main Hawaiian Islands.
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