Sometimes there are no easy answers to complex problems. Dolphin swims on the Big Island have been around for several decades as a recreational activity. As visitors to the island we, like many others, enjoyed amazing experiences on dolphin swims with Dolphin

Journeys’ Captain Nancy Sweatt. She always provided a high quality and very ethical experience, emphasizing respect for the spinner dolphins and other marine life we would see.
A dolphin swim is one of the most connecting experiences I have ever had on land or in the water. Her boat, Dolphin TLC, would drop us off in an area where dolphins were sighted cruising in about 60 to 90 feet of water over light colored sand. We were instructed to wait for dolphins to come near on their own, and told not to pursue them or swim toward them. We watched, took photographs, and kept memories close to our hearts. These experiences caused us to do

more research on spinner dolphins and learn more about the controversies surrounding human interaction with them.
Spinner dolphins (Stenella longirostris) spend their nights diving down as deep as 1,000 meters to feed on fish and squid. In the daytime they cruise to shallow bays (100 feet or less) usually over sand or an open bottom to rest. One side of their brain sleeps while the other keeps them cruising down near the bottom for several minutes with quick moves to the surface for a breath and then back to the bottom. They need this resting period each day to remain healthy and strong enough to head back out to deeper waters to feed.

When we first went out with Dolphin Journeys, ours was often the only boat around, with just six swimmers and a crew member in the water to encourage respectful behavior. In recent years the number of operators has grown to a dozen or more in Kailua-Kona area alone. Dolphins in four bays on Hawaii and one on Maui might have as many as sixteen boats near them and 60 to 100 swimmers in the water each morning. Some boats have crew members helping and other seem to just drop their clients in the water, picking them up if the dolphins leave the area or their schedule dictates time to go.

The National Oceanic and Atmospheric Agency (NOAA) has a policy and enforcement role related to marine mammals and they have set previous guidelines which include directions to not harass dolphins. Recently NOAA’s scientists have expressed concern about increased pressure on dolphins from swimmers, primarily associated with commercial boat tours but also in bays easily reached from the shore, such as Honaunau Bay.
A new proposal by NOAA will effectively ban dolphin swims from boats and in coastal waters throughout the islands. It will require swimmers to leave areas of a bay if dolphins come in to rest. NOAA Fisheries Pacific Islands Regional Office is holding six public hearings to get comments about the new regulations. I attended the first one at Konawaena High School and stayed for the first 3 hours of what likely turned out to be five or six hours of comments from 100 or more people with a total audience of 200 or more. As you might expect there were comments both directions – don’t change the regulations and implement the complete ban in coastal waters. Perhaps three-quarters at that meeting preferred the “no change” option.
My comments were from my unique perspective with more than four decades of working in interpretation of natural and cultural resources. Swimming near spinner dolphins is one of the most connecting experiences I have ever had. While there are definitely differences in species and circumstances, the situation reminds me of the mountain gorillas in Rwanda.

Researcher Dian Fosse opposed gorilla tourism. After her death, other biologists worked with government officials to develop gorilla tourism in hopes of saving habitat for and providing protection for gorillas. The mountain gorilla population was down to only 220 individuals. Largely due to the anti-poaching protection afforded by tourists with armed guides and guards, it has grown to more than 900 today. A strictly regulated number of tourists go out each day in Rwanda, Uganda and Democratic Republic of Congo with wild but habituated gorillas. Gorilla tourists often describe the experience as life changing. Swimming with dolphins has that feel also.
Who is helping people learn about dolphins and connect with these fascinating mammals since government agencies do not put ocean interpreters on the water with the public? More than 3,000 paid interpreters with National Park Service and 70,000 volunteers interpret 413 national parks, monuments and battlefields. A few dozen environmental educators and interpreters do similar duties in marine sanctuaries. For the most part, interpretation of dolphins and other marine mammals is left to private dolphin swim operators.

I think these activities should be allowed with some reasonable and enforceable regulations, but the proposed regulations do not seem reasonable or enforceable. NOAA law enforcement representative indicated fines could be as much as $100,000 and a year in jail – just for swimming near dolphins. NOAA lacks the staff to actually monitor these rules and if they did make arrests and get convictions, the public relations reactions could be more damaging than helpful.
Most of us who have been near them in the water have stories of dolphins coming over to inspect us, sometimes playfully, sometimes slowly, watching with care. Several who gave comments told anecdotes of dolphins seeking human help to untangle fishing line from their flippers or tails.
Largely missed in this conversation is the opportunity for citizen science. If the researchers at NOAA provided survey forms and training to boat operators and dolphin watchers from the shore, data could be collected that might answer some of the many unanswered questions about these unique creatures. Are spinner dolphin populations increasing, staying the same or in decline? What time of day do they arrive at each bay and what time do they leave? What exactly do they do while resting if undisturbed and how does that differ from when they interact with humans? It was interesting that everyone in the room shared a passion for helping dolphins. How do we harness that passion and commonality?
Can dolphin watchers, lovers, swimmers and advocates be allowed some accommodation to sharing the waters of Hawaii?
If ever we needed more inter-species understanding it is now and those who love dolphins would enjoy being involved in better protection and interpretation of them. NOAA is an agency of science and policy charged with protecting oceans and the atmosphere. We do appreciate what they do as an agency. We also need a grand effort to interpret oceans and connect people with these vital bodies of water and their inhabitants. Here is a great chance to collaborate, protect and interpret these fascinating animals.
– Tim Merriman