33 Swimmers 'Harassed' Dolphins in Hawaii, Authorities Claim

Hawaii state law requires swimmers to remain 50 yards away from spinner dolphins in the state’s waters.
Hawaii state law requires swimmers to remain 50 yards away from spinner dolphins in the state’s waters.

Enjoy your swim in the oceans surrounding Hawaii—just don’t get too close to the wildlife. Officials with the Hawaii Department of Land and Natural Resources have referred 33 swimmers to U.S. law enforcement after the large group was allegedly following a group of dolphins in Hōnaunau Bay on the coast of the Big Island on Sunday morning.

As seen in drone footage and pictures released by the Department yesterday, the 33 swimmers approached a pod of spinner dolphins and were met by law enforcement at the shore. The Department of Land and Natural Resources further claims in its press release that the swimmers were “corralling” and “harassing” the dolphin pod. An investigation into the incident is currently underway by the Department of Land and Natural Resource’s Division of Conservation and Resources Enforcement (who are deputized as federal officers) and the National Oceanographic and Atmospheric Administration’s Office of Law Enforcement.

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The Associated Press reports that the swimmers were in violation of a federal law that prohibits humans and ships from remaining within 50 yards of spinner dolphins. The rule was enacted in 2021 by the National Oceanographic and Atmospheric Administration under the Marine Mammal Protection Act and applies to all water within 2 miles of the coast of the main Hawaiian islands.

The Act forbids feeding and harassing of mammals since these creatures can associate humans with food, which can inhibit their natural instincts to forage and cause them to take bait from fishing gear or consume contaminated food. In the case of spinner dolphins, NOAA says that this particular species is nocturnal, and uses the daytime to nurture and socialize their young as well as rest for nighttime hunting. Interaction with humans during the day can disrupt the spinner dolphins’ rest cycle and force them to expend energy in attempts to swim away.

The Hawaii Department of Land and Natural Resources did not immediately return Gizmodo’s request for comment.

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