Encl. (3) to COMDTINST 16475.7
Persistent engagement of a vessel in a manner that results in a recognizable and
articulable disturbance of the marine mammal or endangered marine species is
also a violation. Detailed narratives, videotapes, and/or photographs are
essential in thoroughly documenting these cases.
D. STANDARD FOR DOCUMENTING VIOLATIONS. Evidence of the following
elements of a violation should be obtained to establish a violation of the MMPA or
ESA:
(1) Personal knowledge of the guidelines contained in references (a) through (d)
(this can be assumed of whale watching boat operators).
(2) Refusal to observe the guidelines contained in references (a) through (d) once
advised/reminded.
(3) Documented behavior (observed, photographed, videotaped, etc.) fitting the
harassment definition above.
(4) Distances between the violator and whale before, during, and after the incident.
(a) Buffer Zone. There is a buffer zone surrounding all whales which
consists of an area outward from the whale a distance of 100 yards in all
directions. Northern right whales have a 500 yard buffer zone.
(b) Approaches. Vessels may not approach a whale or turn in any manner to
intercept a whale within a buffer zone.
(c) Interference. No vessel may disrupt the behavior of a whale within a
buffer zone.
(d) Exceptions. Any person issued a federal scientific research permit may
conduct scientific research, observation or management as authorized
under the permit.
(e) Commercial Fishing. Commercial fishing vessels hauling back, towing
gear or fishing at anchor within a buffer zone created by a surfacing
whale
may complete the haul, tow or fishing operation, provided it does so with
minimum disruption to the whale, does so in a direction away from the
whale and departs the buffer zone immediately after the haul, tow or
fishing operation.
E. ISSUING A VIOLATION
(1) Standards Present - If "harassment" as discussed in paragraph 6 is observed,
board the vessel (if weather/operations permit) and attempt to educate the vessel
7
Previous Page
