Thirty-three people have been referred to federal law enforcement after the group was caught allegedly harassing a pod of wild dolphins on the Big Island of Hawaii.
A few years ago, in 2021, it was made illegal under federal law to swim with dolphins in Hawaii. Specifically, swimmers can’t splash around within 50 yards of the animals, which presumably put a damper on many a tourist’s plans. The reason it was made illegal is that spinners are basically nocturnal creatures, feeding offshore at night and returning to more sheltered areas during the day to rest up, socialize with each other, and generally do dolphin things. The worry was that so-called dolphin tourism was getting so common that the dolphins weren’t getting adequate rest because they were being harassed all day.
The law made it illegal to swim with dolphins “within two nautical miles (3.7 kilometers) of the Hawaiian Islands and in designated waters surrounded by the islands of Lanai, Maui and Kahoolawe.”
In a press release, Hawaii’s Department of Land and Natural Resources said that officials observed the swimmers in Honaunau Bay during a routine patrol in the South Kona District on Sunday afternoon. The department said that the swimmers were “aggressively pursuing, corralling and harassing the pod.” Aerial footage shows the group doing just that, although it seems likely there wasn’t malicious intent behind the act.
The officers told the group about the violation while they were still in the water. When they got out, they were met by state and federal officials, who have launched an investigation into the incident.
“Under the Joint Enforcement Agreement with the DLNR, DOCARE Officers are deputized as federal officers and are authorized to enforce federal marine laws such as the Marine Mammal Protection Act,” DLNR wrote. “Cases like these are worked jointly and are referred to OLE for review and final disposition. It is an excellent partnership where it is a combined joint effort to accomplish the same goal of protecting our living marine resources.”