NOAA Fisheries is holding a virtual public hearing on December 9 regarding its proposed rule to establish time-area closures for Hawaii’s long-beaked dolphins under the Marine Mammal Protection Act.

The proposed rule was announced on September 28, 2021, and the public comment period runs until December 27, 2021.

The proposed closing times would be 6 a.m. to 3 p.m. daily.

NOAA is proposing these spatiotemporal closures because long-beaked dolphins use areas near shore to rest, feed their young, and shelter from predators during the day.

“In recent years, these dolphins have faced intense pressure from dolphin-led activities during their critical rest period. The proposed regulations are intended to prevent the disturbance and harassment of Hawaiian long-beaked dolphins in areas identified as their critical diurnal habitats, ”according to NOAA.

The proposed regulations would apply to servings of the following berries:

• Kealakekua Bay, Island of Hawaii
• Hōnaunau Bay, Hawai’i Island
• Kauhakō Bay, Island of Hawaii
• Makako Bay, Island of Hawaii
• Keoneʻōʻio Bay “La Perouse” in Mākena, Maui

The proposed exceptions to space-time closures include:

1. Ship operations necessary to avoid an imminent and serious threat to a person or a ship.
2. Activities authorized by permit or authorization issued by NOAA Fisheries.
3. Federal, state or local government ships, aircraft, personnel and property when required in the performance of official duties.
4. Ships participating in organized community outrigger canoe races that directly pass through a space-time closure.
5. Vessels that pass directly through the space-time closure for the sole purpose of entering and exiting a private residential waterfront property located immediately adjacent to the space-time closure.
6. Canoes used for traditional subsistence fishing for personal, family or community consumption or
   traditional use.

How to submit comments:

• Online: https://www.federalregister.gov/documents/2021/09/28/2021-20620/establishment-of-time-area-closures-for-hawaiian-spinner-dolphins-under-the-marine-mammal – protection
• Mail to:
  • Kevin Brindock, Deputy Assistant Regional Administrator, Protected Resources Division, National Marine Fisheries Service, Pacific Islands Regional Office, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.
• Virtual Public Hearing: Thursday, December 9, 2021, 5 p.m. to 8 p.m. HST
• Access and registration details are available online at: https://www.fisheries.noaa.gov/event/public-hearing-proposed-rule-establish-time-area-closures-hawaiian-spinner-dolphins -essential. To participate by phone, dial US + 1-415-527-5035; enter the access code: 276 477 10691.