Increased Risk of Fines and Operational Delays for Marine Operators Due to Heightened Whale Safety Enforcement

Executive Brief The "Go Slow – Whales Below" initiative amplifies enforcement and awareness around seasonal whale protection regulations, increasing the risk of penalties for mariners this season. Tourism operators and recreational boaters must adjust practices to avoid compliance issues.

• Tourism Operators: Potential for fines, delays, and negative publicity due to increased whale collision incidents.
• Recreational Boaters: Increased risk of fines and legal liability for unsafe operation. Action: Review internal protocols and crew training for whale-safe boating practices immediately.

The Change

The "Go Slow – Whales Below" initiative, active during Hawaii's peak humpback whale season (typically December through May), is re-emphasizing mandatory safe boating practices. This seasonal push follows a recent incident involving a humpback whale calf sustaining a severe injury, likely from vessel impact, off Oʻahu's west coast. While the initiative's core message of safe operation and avoidance of protected marine mammals is not new, heightened awareness and increased public reporting of violations are expected. This translates to a greater likelihood of enforcement actions, including citations and fines, for mariners operating outside regulatory guidelines. The initiative urges all boaters to maintain a safe distance from whales, reduce speed in known whale aggregation areas, and be vigilant for these animals.

Who's Affected

Tourism Operators

Businesses relying on marine traffic for visitor experiences, including snorkel tours, whale watching excursions, charter fishing operations, and sunset cruises, face the most direct impacts. The current heightened awareness means increased scrutiny from regulatory bodies and the public.

• Increased Risk of Fines: Federal and state regulations mandate minimum approach distances for marine mammals, including humpback whales. Violations can result in significant fines. For instance, the Marine Mammal Protection Act (MMPA) can impose penalties of up to USD 100,000 per violation. Given the recent injury to a whale calf, enforcement agencies are likely to be more proactive.
• Operational Disruptions: Accidentally encountering or disturbing a whale could lead to the termination of a tour, requiring refunds and customer rescheduling. In severe cases, repeat violations could lead to temporary suspension of operating permits.
• Reputational Damage: Negative publicity stemming from whale collisions or documented unsafe practices can severely damage a tour operator's brand and deter future bookings. Online reviews and social media can amplify such incidents rapidly.
• Crew Training Necessity: Operators must ensure all crew members are thoroughly trained on current whale, dolphin, and seal regulations, including speed limits and approach distances, and that these protocols are consistently followed. This requires ongoing investment in training and supervision.

Recreational Boaters

Individuals operating private vessels for leisure, fishing, or transport also fall under the purview of these regulations. While fines might be less severe than for commercial operators, individual financial penalties and the risk of operational hazards remain.

• Civil Penalties: Recreational boaters can face fines for approaching whales too closely, pursuing them, or swimming with them without proper authorization. Penalties can range from several hundred to thousands of dollars per offense.
• Increased Liability: If a recreational vessel causes injury to a whale, the owner/operator could be held liable for damages and associated rehabilitation costs, which can be substantial. The recent incident highlights the severe consequences of such accidents.
• Vessel Damage: Collisions with whales, especially larger individuals, can cause significant damage to smaller recreational crafts, leading to costly repairs and potential safety hazards at sea.

Second-Order Effects

Hawaiʻi's dependency on tourism makes the marine environment a critical asset. Increased incidents of whale-vessel conflict have broader economic implications:

• Deterioration of Marine Tourism Appeal: A perception of unsafe waters for marine life can deter international and local tourism, impacting hotel occupancy, restaurant revenues, and related service industries. This could lead to reduced visitor spending across the board.
• Increased Insurance Premiums for Marine Businesses: A rise in reported whale-related incidents and subsequent fines or damage claims could lead to higher insurance premiums for marine tour operators, further increasing their operating costs and potentially being passed on to consumers.
• Strained Resource Allocation: Responding to whale entanglements or injuries diverts resources from conservation and research efforts, potentially impacting other marine ecosystem management goals and the long-term health of the ocean environment, which underpins tourism.

What to Do

For Tourism Operators

• Immediate Protocol Review and Training (Act Now):

  • Actions: Conduct an immediate review of your company's Standard Operating Procedures (SOPs) for marine mammal encounters. Ensure all active captains and crew members undergo a refresher training session on the "Go Slow – Whales Below" guidelines and all relevant federal and state regulations regarding approach distances, speed limits, and prohibited actions (e.g., feeding, harassing).
  • Timeline: This training should be completed within the next 14 days, before operating in whale presence.
  • Purpose: To proactively minimize the risk of fines, operational disruptions, and reputational damage, ensuring compliance and prioritizing whale safety.

• Enhance Onboard Monitoring (Act Now):

  • Actions: Implement a mandatory, systematic lookout policy for all voyages during peak whale season. Equip vessels with binoculars and clear communication methods for spotters to alert the captain immediately upon sighting any marine mammals. Designate a specific crew member on each trip to be responsible for monitoring for whales and ensuring compliance with approach regulations.
  • Timeline: Implement immediately.
  • Purpose: To increase the chances of spotting whales early, allowing for safe speed reductions and course adjustments, thereby preventing accidental encounters.

• Customer Communication (Act Now):

  • Actions: Brief all passengers at the start of each trip about the importance of whale safety, the "Go Slow – Whales Below" initiative, and the company's commitment to adhering to regulations. Explain what passengers should and should not do if a whale is sighted.
  • Timeline: Integrate into pre-trip safety briefings immediately.
  • Purpose: To manage passenger expectations, foster a respectful environment for marine life, and ensure passenger cooperation with safety protocols.

For Recreational Boaters

• Familiarize with Regulations (Act Now):

  • Actions: Review the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service guidelines for approaching marine mammals in Hawaii. Understand the minimum distance requirements of 100 yards for dolphins and seals, and 200 yards for humpback whales, and the prohibition of swimming with whales or dolphins. Ensure all regular passengers are aware of these rules.
  • Timeline: Review within the next 7 days.
  • Purpose: To avoid potential fines and liability by understanding and adhering to legal requirements.

• Operate with Caution (Ongoing):

  • Actions: During peak whale season, reduce speed when operating in areas known for whale activity. Maintain a vigilant lookout for blows, breaches, or other signs of whale presence. If a whale is sighted, reduce speed to the slowest possible to avoid a collision and do not pursue or harass the animal. Be aware that whale calves may be accompanied by mothers who can be protective.
  • Timeline: Ongoing throughout whale season (December-May).
  • Purpose: To prevent accidental collisions and ensure personal safety and the safety of marine life.

• Report Incidents (Ongoing):

  • Actions: If you witness a whale in distress, entangled, or involved in a collision, report it immediately to NOAA Fisheries at 1-888-256-9998 or the Hawaii Marine Animal Response network. If your vessel is involved in a collision, report it to the authorities as soon as it is safe to do so.
  • Timeline: Immediately upon witnessing or being involved in an incident.
  • Purpose: To aid in the rescue and rehabilitation of injured animals and to help track and address causes of harm.