Congress, in consultation with the State of Hawaii,
recognized the importance of Hawaii's nearshore waters to humpbacks by
designating the Hawaiian Islands Humpback Whale National Marine Sanctuary on
November 4, 1992 (Hawaiian Islands National Marine Sanctuary Act or Act). The
Act identifies the following purposes for the Sanctuary:
- to protect humpback whales and their habitat
within the Sanctuary;
- to educate and interpret for the public the
relationship of humpback whales and the Hawaiian Islands marine environment;
- to manage human uses of the Sanctuary consistent
with the Hawaiian Islands National Marine Sanctuary Act and the National
Marine Sanctuary Act; and
- to provide for the identification of marine
resources and ecosystems of national significance for possible inclusion in
the Sanctuary.
The designated boundary includes the area from the
high water mark to the 100-fathom (600 feet) isobath around the islands of Maui,
Moloka'i, Lana'i; and including Penguin Banks ; the Pailolo Channel; and a small
portion off Kilauea Point, Kaua'i.
Prohibited
Unless authorized by a valid Federal and State
research permit it is unlawful for any person to commit, to attempt to commit,
to solicit another to commit, or to cause to be committed, within 200 nautical
miles (370.4 km) of the Islands of Hawai'i, any of the following acts with
respect to humpback whales:
- Approach by any means, within 100 yards (90 m)
of a humpback whale; or
- Cause a vessel or other object to approach
within 100 yards (90 m) of a humpback whale; or
- Operate any aircraft within 1000 feet (300 m) of
any humpback whale; or
- Disrupt the normal behavior or prior activity of
a whale by any other act or omission. A disruption of normal behavior may be
manifested by, among other actions on the part of the whale, a rapid change
in direction or speed; escape tactics such as prolonged diving, underwater
course changes, underwater exhalation, or evasive swimming patterns;
interruptions of breeding, nursing, or resting activities, attempts by a
whale to shield a calf from a vessel or human observer by tail swishing or
by other protective movement; or the abandonment of a previously frequented
area.
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