Re: [Paddlewise] whales and kayaks

Is bobbing about and touching whales in contravention of the Marine Mammal
Protection Act?  No.  The statute is more about shooting or chasing, to my
knowledge has never been applied against bobbers, and has not been contravened
by any of the actions presented so far in this thread.  The closest it comes is
as follows:

"(18)(A) The term ''harassment'' means any act of pursuit,
    torment, or annoyance which -
        (i) has the potential to injure a marine mammal or marine
      mammal stock in the wild; or
        (ii) has the potential to disturb a marine mammal or marine
      mammal stock in the wild by causing disruption of behavioral
      patterns, including, but not limited to, migration, breathing,
      nursing, breeding, feeding, or sheltering."

Bobbing and touching at the wrong time could very well contravene the act, but
there is no evidence of this having been done.

Even if by some convolution of plain meaning the activity presented were in
contravention, I suggest that the law should not be taken as the be all and end
all.  This very same statute also permits the importation of polar bear trophies
from Canada.  Let's face it, this, and most statutes, are combinations of
over-reactions and compromises, so while they generally lumber along in the
right direction, they often are not as fine-tuned as one might want them to be.

The statute has a couple of telling exemptions -- one for research and one for
Alaskan native people.  Let's generally call these exemptions educational and
cultural.  Well, how about making an exemption for artists and communicitors?
The action presented is being done by artist who communicates what she
experiences, so how about an exemption for her?  Seeing as there is a relatively
recent amendment to the statute to permit the harassing of a marine mammal in
order to save it from some greater harm, how about an exemption permitting very
minor intrustion so that ultimately the public can be brought closer to an
understanding of the marine mammal through atistic communication?  Great public
relations for the save the whale cause.  But of course it would never make it to
the table or would get lost in the legislative wash.  Too bad the polar bear
sport throphy exmption did not get lost.

So instead of arguing over what is legal or not, let's get to the heart of the
matter.  1.  Does repeated bobbing and touching by the same person over a period
of time cause any harm to the whales being contacted?  2.  Is there a benefit to
the whales in an artist and a promoter of whales communing with whales and then
communicating the experience to the general public?  3.  Does the harm, if any,
outweight the benefit, if any?

Cheers,
Richard




***************************************************************************
PaddleWise Paddling Mailing List - All postings copyright the author and not
to be reproduced/forwarded outside PaddleWise without author's permission
Submissions:     PaddleWise_at_PaddleWise.net
Subscriptions:   PaddleWise-request_at_PaddleWise.net
Website:         http://www.paddlewise.net/
***************************************************************************