Re: [Paddlewise] whales and kayaks

> From: Richard Culpeper <culpeper_at_tbaytel.net>
> 
> 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.  

Here's one that involves a $10,000 fine:

http://sun.simmons.edu/archives/vmsvax/0024.html

This was the incident I referred to earlier (I saw the videotape made
of the encounter).  I think I mentioned the videographer and assistant
were married (I don't know if I was mistaken or they have married since
the incedent took place... I saw the footage about 6 months ago).

The next link will take you to a comment by scientist Dagmar Fertl, 
Biologist with the Minerals Management Service of the US Department of 
Interior who was current WhaleNet's "Scientist of the Week" when this 
post was written (he comments on the above action as well as interaction
with whales and dolphins in general):

http://whale.wheelock.edu/archives/ask99/0320.html
 
I disagree that the statute is more about shooting or chasing, as does
the judge in Hawaii and another in Florida (see:
http://www.nmfs.noaa.gov/prot_res/MMWatch/protectdolphcamp.html )

The statute states "any act of annoyance which has the *potential*
to disturb a marine mammal or marine stock in the wild"

>  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."

Included in the guidelines is:

   "Do not handle pups, do not touch or swim with the animals as this may
constitute harassment, which is prohibited" (defined as harassment by the 
presiding judge in the above Tepley case)
(see: http://www.fakr.noaa.gov/protectedresources/mmviewingguide.html )

Here's a good site that might provide a bit more information about
the "grey" area from NOAA...

http://www.nmfs.noaa.gov/prot_res/MMWatch/MMViewing.html


Jackie

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