I simply don't see how it is "without any doubt". The swimmers aren't aggressive. They didn't gain ground on them, they didn't try to touch them. I see it as more of a curiosity thing. It would be cool to see dolphins in the water. We will have to agree to disagree. If the dolphins felt threatened, they would have been gone in a flash.
They are swimming after the dolphins. They clearly DID NOT take ANY immediate steps to move AWAY from them. - a clear violation of both state and federal law.
You come here and get caught pulling a stunt like that and the Judge will explain it to you. I don't expect that the Judge would be overly concerned if you disagree.
"On September 28, 2021, NOAA Fisheries
finalized a rule authorized under the Marine Mammal Protection Act. It prohibits swimming with, approaching, or remaining within 50 yards of a Hawaiian spinner dolphin. 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. 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.
There are eight exceptions to the prohibitions listed in this regulation, summarized below:
- 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.
- ......."
A final rule prohibits swimming with, approaching, or remaining within 50 yards of spinner dolphins. A proposed rule may establish time-area closures of select nearshore resting areas.
www.fisheries.noaa.gov