Sanctuary lacks enforcement, residents say

LIHU‘E — Almost two decades have passed since the Hawaiian Islands Humpback Whale National Marine Sanctuary was established and law enforcement has been nil ever since, said Kaua‘i Surfrider Foundation Chair Steve Benjamin.

He wasn’t the only one of some 30 attendees to raise the issue at Saturday’s seventh statewide meeting hosted by the National Oceanic and Atmospheric Administration. The meeting was held in an attempt to gather public input regarding a second revised sanctuary management plan for the approximate 1,300 square miles of protected ocean area surrounding parts of the islands intending to protect the endangered humpback whale.

“Eighteen years of inaction has made us skeptical,” said Surfrider Foundation’s co-founder Dr. Gordon LaBedz, regarding the reported lack of regulation since 1992 when the sanctuary was created. “You’re not doing your job.”

The sanctuary — the only one of 14 in America which focuses on one species — completed its first management plan in 1997 when it received complete designation. The plan was first reviewed in 2002 and the process is an ongoing requirement by law.

The sanctuary team conducts research, protects resources, educates the public and is involved in projects such as disentangling whales from fish nets, said Sanctuary Superintendent Naomi McIntosh.

After reviewing several reports and data, Benjamin said he finds it “appalling” that the sanctuary “has not enacted one law.”

“Yes, they say they help enforce state and other federal regulations, but these don’t go far enough to protect the whale; that’s why the sanctuary was created, right?” Benjamin said in a written statement.

Some of the current regulations include not approaching whales within 100 yards, which has actually been the only penalty ever assessed, McIntosh said.

Fines can be as high as $100,000, but $30,000 is the “highest I’ve ever seen” for someone convicted of “multiple offenses,” she said.

McIntosh said NOAA’s Office of Law Enforcement is actually in charge of enforcement. “We try to make sure we are a priority” for them, she said.

“We’ve heard loud and clear the sanctuary isn’t doing its job,” she said. “But I cannot say I’ve seen a more dedicated team of people saving the ocean.”

Enforcing speed limits in the sanctuary, conducting regular water quality tests, researching the impact of sonar and including other species and resources for protection are just a few of the actions the sanctuary should be doing, similar to other states such as Maine, Benjamin said.

Community members say they are also highly concerned about the length of time required to complete the management plan review process with matters such as ocean pollution and ship strikes.

After “public scoping,” a draft management plan and an environmental assessment, the final management plan would likely not reach the governor for approval until 2014.

“With any governmental thing, it’s probably going to take a lot longer than everyone expects it to,” said Sanctuary co-manager David Nichols.

The “timeline could be very long,” said McIntosh. It is “part of the federal process.”

To create new laws in the meantime would likely take just as long, she said.

But by the time the lengthy process is complete, the damage is already done, Benjamin said.

“We don’t need to wait four years for the state” and other entities to act, said Zero Waste’s Ken Taylor.

“Otherwise, you’ll never be able to protect this guy and his friend,” he said while pointing to the photo of a humpback whale on one of the pamphlets handed out at the meeting.

An estimated 12,000 humpback whales journey to the islands each year during their breeding season from November through May.

“We appreciate your concerns, but we’ve got to work together,” McIntosh said.

Visit hawaiihumpbackwhale.noaa.gov for more information.

• Coco Zickos, business and environmental writer, can be reached at 245-3681 (ext. 251) or czickos@kauaipubco.com.