ESA, MMPA and Tow Away!
Since so many of us start our day off with spam, well, actually, just Justin, I felt it would only be proper to also start my blog with a fun filled SPAM fact. In the category of did you know: Residents of a Hawai’i eat an average of four cans of SPAM per person per year, more than any other place on Earth. Onto the rest of our day…
We started the morning like so many mornings before, clamoring into our beloved van and heading out for the day. This morning we headed downtown to talk with Chris Yates and Lisa Van Atta from the NMFS Pacific Islands Regional Office. Chris and Lisa have the unique jobs of implementing the management and legal side of conservation biology. We first talked about some of the concerns regarding the proposed Superferry. The Superferry is a large (105 m) high speed, around 25-35 knots, ferry 
that will facilitate inter-island transport. The proposed routes will take the Superferry right through the Hawaiian Islands Humpback Whale National Marine Sanctuary, posing a threat to the many humpback whales that migrate every year to Hawaii to breed. The recommended speed to avoid and mitigate ship strikes is 13 knots. Although it would seem that humpbacks would be seemingly invincible from many threats, they, especially juveniles, are susceptible to ship strikes. If a ship going such high speeds were to hit a whale, the results would likely be catastrophic. How real is this problem? A similar ferry, made by the same ship builders, runs in the Canary Islands and has struck and killed sperm whales in the past, leaving very graphic image of dead whales.
Humpback whales are protected under a variety of laws: The Marine Mammal Protection Act (MMPA), the Endangered Species Act (ESA), and the National Marine Sanctuaries Act. Both the MMPA and the ESA prohibit the ‘taking’ of a marine mammal or listed species. ‘Taking’ includes killing the whale, but it also includes harassing the animal. The Superferry has not completed an Environmental Impact Statement which would detail the environmental impacts of the ferry to both whales and other species, nor have they consulted with NOAA regarding the ESA. Unfortunately, right now it is a bit of a waiting game to see what will happen next.
However, when it comes to protecting Spinner Dolphins, NOAA is trying to prevent harassment before it really starts. Spinner Dolphins, so named for their interesting acrobatics, feed in the deeper waters off the islands during the night, and then use protected coves and bays during the day to rest. It is during this resting period that these dolphins are exposed to human interaction. Many people are fascinated by dolphins and want to experience them up close and personal. Often there are many people in the water in and around the dolphins while they are trying to rest. It is probably the equivalent of people standing in your bedroom while you are sleeping and talking loudly, telling you how cute you are, and trying to pet you. It is unlikely you would feel very rested in the morning. While the exact impacts of these interactions are unknown, NOAA is trying to protect the dolphins while balancing the desires of people to interact with these animals. And, these are just a few of the issues facing Chris and Lisa. Not an easy job, but definitely an essential aspect of marine mammal conservation.
After thanking Chris and Lisa we hopped back in the van and were off to the Northwestern Hawaiian Islands Marine National Monument Office to talk with Jason Baker about Monk Seals. An interesting note: Within the offices for the monument are photos from the book Archipelago: Portraits of Life in the World’s Most Remote Island Sanctuary by David
Littschwager. These photos are some of the most amazing marine photos I have ever seen. It is really neat to be able to see them blown up larger than life, and gives us a since of the place. It also does not hurt that the first image you see when you get off the elevator is a monk seal, which is what I was originally talking about. The monk seals, like many of the marine mammals that we have talked about, present a unique conservation issue. Within the Northwest Hawaiian Islands, an area with less than 100 humans, the monk seals are not doing very well. But, in the Main Hawaiian Islands with over a million people and countless interactions with humans, they are fat and happy. Jason spoke with us regarding much of the new scientific information regarding monk seals distribution and threats. Not only are monk seals facing threats such as fishing gear, and lack of food, but they are also facing threats from global climate change. As sea level rises it will decrease the amount of land available for the seals to haul out. It is remarkable that even in such a remote place, the impacts from humans can be felt.
Our day was not yet over as we once again we piled back into the van and headed back downtown again to meet 
with Paul Achitoff, an attorney for Earthjustice. All too often in conservation litigation is a necessary tool to enforce and implement the law. Yesterday we talked to Sean Martin regarding conservation measures the longline fishery is using to prevent bycatch. It was the lawsuit from Earthjustice and Paul that pushed fisherman to find ways to minimize bycatch and greatly reduced the numbers of turtles taken in this fishery. Although often unpopular, litigation is just one of the many tools used in conservation.
At the end of the day we all headed back to the van, but decided to take the bus instead.
Tomorrow: more SPAM and more Van.
Aloha,
Ellen
