(BIVN) – After years of discussion, a new federal rule has been finalized that prohibits swimming with, approaching, or remaining within 50 yards of a Hawaiian spinner dolphin.

The new rule is final, says NOAA Fisheries, and will officially be in effect on October 28, 2021.

“The rule applies to any vessel, person, or object (including all boats, canoes, stand-up paddleboards, drones, or any other means) that is within 2 nautical miles from shore in the main Hawaiian Islands and in designated waters bounded by the islands of Lāna‘i, Maui, and Kahoʻolawe,” a NOAA news release states. “The rule also prohibits approach by ‘interception’ or placing a vessel, person, or other object in the path of a spinner dolphin so that the dolphin approaches within 50 yards of the vessel, person, or object.”

NOAA says there are eight exceptions to the prohibitions listed in this regulation:

• People who inadvertently come within 50 yards of a Hawaiian spinner dolphin or are approached by a spinner dolphin, provided they make no effort to engage or pursue the animal and take immediate steps to move away from it
• Vessels that are underway and approached by a spinner dolphin, provided that they continue normal navigation and make no effort to engage or pursue the animal
• Vessels transiting to or from a port, harbor, or in a restricted channel to maintain safe navigation when a 50-yard distance will not allow the vessel to maintain safe navigation
• Vessel operations necessary to avoid imminent and serious threats
• Vessels that are anchored or aground and approached by a spinner dolphin, provided the vessel makes no effort to engage or pursue the animal
• People or vessels conducting activities authorized through a NOAA Fisheries permit or authorization
• Government vessels and personnel conducting official duties
• Commercial fishing vessels that incidentally “take” a spinner dolphin during normal fishing operations, provided that they operate legally according to the Marine Mammal Protection Act

NOAA Fisheries is also proposing to establish time-area closures to reduce the disturbance of nearshore areas that are designated as essential daytime habitats for spinner dolphins. Four of the five proposed areas are in Kona.

The proposed regulation will require public input before it can be finalized. The rules would prohibit entering restricted areas between 6 a.m. and 3 p.m. daily in parts of Kealakekua, Hōnaunau, Kauhakō (Ho‘okena), and Makako Bays on Hawai‘i Island. La Perouse Bay on Maui is also included.

“Spinner dolphins are nocturnal and hunt in offshore waters at night. During the day, they use areas close to shore that have optimal environmental conditions to socialize, nurture their young, shelter from predators, and rest in preparation for nightly hunting,” NOAA said. “These specific areas are considered spinner dolphin essential daytime habitats.”

There are six proposed exceptions to the spinner dolphin closure areas. NOAA says those exceptions are:

• Vessel operations necessary to avoid an imminent and serious threat
• Activities authorized through a NOAA Fisheries permit or authorization
• Government vessels and personnel conducting official duties
• Vessels transiting straight through the area that are participating in organized canoe races
• Vessels transiting straight through the closures to access privately owned property adjacent to the restricted areas
• Outrigger canoes used for traditional subsistence fishing

The public comment period for the proposed time-area closures will be open until December 27, 2021, 90 days after publication in the Federal Register.