July 7, 2010 HI gov. vetoes bill aimed at banning shark feeding

Quid Pro Quo

Some better news coming out of Hawaii for the entire shark diving industry this week. It would seem for now the specter of Hawaii enacting any laws banning commercial shark diving is off the table.

Sadly, the island of Maui in a fit of anti-shark diving zeal, made the mother of all tourism mistakes earlier this year. A mistake that has not been adopted by the state as a whole.

Has this anything to do with recent legislation banning shark fins and the intimate involvement of one of Hawaii's commercial shark diving companies making that legislation a reality?

No one is saying, but we have our suspicions. Chalk this one up to Hawaii politics with a double win at the end of a very long road.

Maui Bans Shark Tourism - Surfer Attacked by Shark

Not weeks after Maui City Council members voted to ban non existent commercial shark diving to "protect swimmers and divers" in Maui - a surfer was bitten this morning by an estimated 6-8 foot sand shark.

He was surfing in the "Kalama Bowls" area of a local beach park shortly after 6:00 a.m. when he was bitten on the upper right thigh and the lower part of his right ankle, according to Maui County officials.

The unfortunate negative intersection of sharks and humans will continue to happen regardless of commercial shark diving operations in any given area.

Maui has never had commercial shark diving in it's waters.

Shark do not target humans as a general rule.

Maui's political decision to ban shark diving was just that, a political decision, and with this mornings unfortunate incident proved one thing for certain...sharks do not regard political decisions.

Commercial shark diving is under assault by a global anti-shark diving lobby that trades in on the fear of sharks. When bans are proposed "public safety" is touted as the net benefit to the community at large.

With this latest case in Maui, the anti-shark diving lobby has been exposed for what they are.

Simply put, purveyors of fear based nonsense.

Shark Diving Industry? What Industry?

We know several things about both Hawaii Shark Encounters and North Shore Shark Adventures.

Both are solid, reputable commercial shark diving operators, and both are facing the chopping block unless our "industry" get's off it's collective ass and jumps in to the rescue.

It is rare to ask for help, it is industry leadership to offer it and see it through.

So, any takers out there? Is there one operator, dive group, website, chatroom, gear site, or individual that will take up the cause for these guys and push back against the tidal wave of anti-shark diving sentiment in Hawaii?

We had some ideas about what might be done immediately this week. It is not too late.


Nishiki offers bill to ban shark tours.

By BRIAN PERRY, City Editor.

POSTED: July 8, 2009.

WAILUKU - Maui County has no tours available for visitors to plunge into the
ocean and watch sharks cruise by from the safety of submerged cages.

And Maui County Council Member Wayne Nishiki wants to make sure such an
activity doesn't come here.

"I think we need to take precautions," he said, adding that he's concerned
that if shark tours become established in Maui County waters, then surfers,
swimmers and everyone else who enjoys the ocean could be endangered.

Nishiki said he particularly objects to outsiders coming to Maui to exploit
a business opportunity without regard for the lifestyle or safety of residents.

"All they're interested in is the big buck and that's it," he said Tuesday.

Nishiki said he's seeking a county ordinance that would ban shark tours in
Maui County. He said the county has the power to do so by blocking business
licenses for the activity.

The South Maui council member introduced the shark tour prohibition during a
meeting Tuesday. The matter was referred to the council's Economic
Development, Agriculture and Recreation Committee, chaired by Jo Anne Johnson.

Nishiki said that although he would like the state Legislature to pass a
ban, he doesn't know how long it will take for the state to take action.

Nishiki's proposal included a copy of a Honolulu City Council resolution
urging the passage and enforcement of state legislation to ban commercial
shark-viewing tours and related activities.

He said he didn't want to see the Maui County Council pass only a resolution
because it would not have the force and effect of law.

Shark-viewing tours attract paying customers on Oahu's North Shore, but
there's a growing statewide movement to stop the tours from operating. Some
Native Hawaiians consider sharks to be ancestral gods, and they find it
offensive to have tourists feeding and viewing them for entertainment.

Surfers and environmentalists worry that shark tours might have the ocean
predators linking people with food, and scientists say luring sharks to
certain areas could disrupt the ecological balance in near-shore waters.

Shark Diving Under Siege - Hawaii

We have been actively following the growing anti-shark diving effort(s) on the island of Oahu.

Sparked by a disastrous attempt by a nascent operator to force commercial shark diving in the Hawaii Kai neighbourhood - the blow back has grown into a grassroots anti industry movement with sponsors in government.

In May a new anti shark diving website surfaced on the Internet highlighting many of the themes this blog has covered in the past year.

Safe Waters For Hawaii

Citing the Cyber Diver Network, a virulently anti shark diving website, this new endeavor seemingly legitimises the anti shark diving movement in Hawaii.

Media and More Media

The operators in Hawaii are now in a fight they never wanted or asked for. This fight will be won or lost in the media. As this blog has covered time and again, your operations media is all too important when it comes to the anti shark diving movement. Videos on You Tube and elsewhere can and will be used against your operation by these groups - as we are seeing with Safe Waters Hawaii.

The platform this site puts forward is illegal chumming. Without a doubt all operations in Hawaii have been caught "red handed" and should address and defuse this issue now. The public can be won or lost with a strong and sustained media campaign that is pro Hawaii, pro business and pro shark.

Allowing sites like Safe Waters For Hawaii free reign to set the tone of the discussion and to cite the Cyber Diver Network as a "definitive source" without mounting effective media countermeasures is a disaster in the making.

Side Note

Safe Sharks For Hawaii's url was registered in Europe and is set to private so you cannot tell who is behind the site.

Study: Shark-cage dive tours safe on Oahu North Shore

Great news coming out of The Hawaii Institute of Marine Biology and a two year study that refutes many of the "wild hair allegations" swirling around the anti-shark diving debate on Oahu:

HONOLULU — A scientific study has concluded shark-cage dive tours on Oahu's North Shore pose little risk for recreational ocean users in nearshore waters.

The Hawaii Institute of Marine Biology conducted the two-year study.It found sharks tagged during tours overwhelmingly stay far out to sea and don't follow tour boats back to shore.

The study also found the tours are frequented by Galapagos and sandbar sharks, which are rarely involved in attacks on humans. Marine scientist Carl Meyer said at an informational briefing at the state Capitol that when it comes to offshore caged shark-diving tours, there is no evidence of any risk to nearshore recreational users.

The tours have been operating since 2001.

Hawaii - Tours Pose Little Risk

Three cheers for reporter Christie Wilson with Honolulu Advertiser who, bucking recent media trends in Hawaii, has introduced a story about what is not happening with commercial shark diving operations in Hawaii.

As we have been covering, politicians and anti-shark diving groups reacting to a tragically poor operator roll out in Hawaii Kai have called for a complete ban on all operators in the region.

To close existing commercial shark diving loopholes, this growing anti-shark diving group is demanding legislators to:

"(1) prohibit use of public facilities such as parks, piers, ramps, and harbors by shark tour operations;
(2) prohibit advertising of commercial shark tours in any print and electronic media; and, (3) prohibit commercial use of shark cages or other devices designed to place humans in close proximity to sharks or within shark habitats."

Citing a recent research study today regional commercial shark diving operators came back (finially) with the one thing they had at their disposal - research data:

"When it comes to offshore caged shark diving tours, there is no evidence of any risk to nearshore recreational users," said marine scientist Carl Meyer. "People need to understand there are already sharks in these initial shark-feeding areas and if these shark tours were a real problem, we would have seen it manifested by now by an increase in attacks.

"The study reports other factors that make the tours a minimal public safety risk include the fact shark-diving tours mimic the activities of crab-fishing vessels operating in the same area for more than 40 years, and that inshore recreational stimuli, such as a surfer paddling on a surfboard, "are substantially different from the conditioning stimuli associated with tour operations ... and, hence, unlikely to stimulate a conditioned feeding response."

Editors Note: THIS is one reason why operators work in tandem with shark researchers. To exclude shark research within operations is to blind yourself to important data about the animals you make a living with.

Additionally, ongoing data sets provide impartial answers to questions and accusations leveled by the anti-shark diving lobby at our industry members. These accusations are typically taken from a well worn "play book" of "raw meat hysteria".

The operators in Hawaii have a long way to go - but today, they just began the road back to credibility in the public eye. Kudos to all involved in both this study, and to reporter Christie Wilson.

Update: Reporter Leila Fujimori from Hawaii's Star Bulletin also ran with this story this morning. Kudos.

Hawaii - Chumming=Sharks=Attacks

As expected on a vote of 11-2, the Hawaii Kai Neighborhood Board approved a resolution calling for a statewide ban on shark-feeding tour operations. This is the "opening salvo" of a long term battle for the right to dive commercially with sharks in Hawaii. Currently there are two existing operations who are under siege.

This battle will be won or lost in the mainstream media. Unfortunately the operators on island have been slow to realize this and have done little to change the current anti-shark diving media platform of:

Chumming=Sharks=Attacks

Where operators should focus is on the economic benefits of commercial shark diving on a statewide, regional, and local level. Following the shark diving tourism dollars as they flow through the worst economic downturn in 30 years is a media point that few politicians want to argue against. The pro-shark diving media platform of:

Shark Diving=Tourism=Economy

As with all media campaigns timing is everything and as the weeks drag into months and neighborhood groups band together gathering political and media steam - the likelihood of changing the media's focus becomes more and more distant.

The commercial shark diving industry saw this same anti-shark diving roll out in Florida from 1999-2001. Let's get to work.

Hawaii Shark Diving - Media

Blow back from a failed and spectacularly poor commercial shark diving roll out continues to haunt existing operations on the island of Oahu, Hawaii.

As we have long said within our industry - actions taken as an operator affect not only your operation but those around you. The media, the public, and lawmakers see "one group" when the subject of commercial shark diving comes up and rarely see individuals or businesses.

This week as expected reporters in Hawaii closed in on the legal side of existing operations and an apparent loop hole that exists in the federal Magnuson-Stevens Fishery Conservation and Management Act which states it is unlawful to use food or any other substance in federal waters off Hawaii to attract sharks unless they are being caught or killed for human use.

Bizarrely, if existing operations killed sharks on their tours what they would be doing would be deemed legal according to this federal law. As long as this law exists lawmakers have the right to exercise it. With several Hawaiian lawmakers up for reelection this is a bad time for loop holes in Hawaii.

Solution?

Operators in Hawaii will need to work in concert to fend off this upcoming storm. Easier said than done as with most sites worldwide operator mistrust and long standing competition has not created the atmosphere for such an alliance. Regardless, an active and positive media campaign rolled out now will help fend off future attacks by anti shark diving advocates, malcontents, the uninformed, and the media whose anti shark diving bias runs deep.

"Setting the table" now will help the existing operations in the long term work through the loophole and the battles that are sure to come. Ignoring this issue and hoping it will go away is the last thing these operators should be doing.

Hawaii Shark Diving - RTSea's Take

Gotta hand it to Richard Theiss over at RTSea's blog this morning for summing up the current commercial shark diving blow back in Hawaii in a nice little bow.

Well reasoned and to the point - when you see an Op-Ed like this one it's hard to do anything but re-post the whole thing, Kudos:

Once again, because of lack of foresight combined with glaring local media coverage, shark ecotourism has taken another hit, this time as a local issue in Hawaii with implications that could impact responsible operators statewide.

In Maunalua Bay on the island of Oahu, a boat owner faced a room full of 200 angry residents protesting his proposed shark diving operation. With one man against an angry mob and news cameras at the ready, it was destined to be a one-sided argument (see story and video). After reading more articles to gather additional details, it would appear that there are two issues at work here.

First, the critics are citing the two common arguments in opposition to shark ecotourism: that the activity disrupts the natural feeding behavior of the sharks, thereby jeopardizing the sharks; and that the activity makes the sharks associate humans with food, thereby making humans a preferred food source.

Secondly, this brouhaha once again points to the importance of shark ecotourism operators to consider the conservation and political components of shark ecotourism, not just the commercial aspects. Better planning and solicited expert support on the part of the boat operator could have avoided all of this.

Okay, first issue: chumming/feeding disrupts the sharks' normal feeding behavior. Well, it's not that simple. First, there are several methods for attracting the sharks: using fish oil as a scent attractant, using ground or cut up fish, and/or using hang bait (for larger sharks) or feeding by hand (for smaller reef sharks). Secondly, what is the frequency? Several boats a day to the same location, feeding the same sharks day after day? Or occasional trips, sometimes dictated by seasonal shark migration patterns. And lastly, what shark species are we talking about? Feeding a white shark with 2-3 pound tuna or bonito scraps or feeding whole fish to small whitetip reef sharks?

There are many recognized shark researchers who will support the contention that, unless done with high frequency and volume, sharks will not become detrimentally dependent on the food sources of shark ecotourism operations. While I have my own personal and scientifically unsubstantiated concerns about some of the stingray tourist attractions that see a steady stream of visitors, my anecdotal experiences in filming great white sharks at Isla Guadalupe, as an example, indicate that the small hangbaits the sharks occasionally succeed in catching do not disrupt their normal predation of seals, sea lions, large tuna or floating carrion like dead whales. And again, there are recognized scientists that will back up that contention.

The other criticism leveled is that shark ecotourism makes the sharks associate humans as a food source. This accusation plays on the fears the uninformed public has about sharks and once again there are experts who will debunk the myth. As a filmmaker, I have been exposed to sharks much more so than the typical cage-bound diver and I have yet to see a shark behave in a manner that says because of chumming/bait in the water it has re-programmed itself to select humans as a primary food source. Could a shark mistakenly bite a human in the presence of bait or some other attractant? Of course; mistaken identity is the cause behind the vast majority of shark-human interactions worldwide, regardless of shark ecotourism activities. In addition to my open ocean activities with sharks, I have spent over 8 years in aquarium settings feeding fish in the presence of sharks or feeding sharks specifically and never did I see the sharks make the A=B connection (food=humans) that critics propose.

One of the news articles cited a comment from a critic at the meeting who compared the situation to the dangers of feeding bears at Yellowstone Park. Apples and oranges. Mammalian intelligence is different from shark intelligence. Bears have a broader taste palette and due to their foraging through trash can develop a taste for the foods we eat - so they will tear apart a tent or rip off a car door to get at a bag of Famous Amos cookies or Oscar Mayer hot dogs. While it is true that bears can attack humans and even develop a taste for human flesh, that has not proven to be the case with sharks: we are not on their menu.

This takes us to the second major issue and the one that is at the crux of this incident. The boat operator failed because he did not have the foresight to see that shark diving is evolving into shark ecotourism - and with that evolution comes greater responsibility on the part of the operators regarding supporting and promoting safe protocols, providing conservation education, and considering the political/PR interactions with various factions (pro & con) and the media.

It would appear that the boat operator did not have all his ducks in a row and found himself up against a hostile crowd, totally unprepared and without any sound arguments or strategies. First, for any successful ecotourism operation there is site selection (as with any business: location, location, location). I'm not familiar with Maunaloa Bay, but perhaps it is not the best location for viewing sharks. Human use density, shark biodispersion/density, dock facilities in relationship to other tourist activities (politics) - all have to be considered beforehand. And consideration must be given as to the species of sharks the operation intends to attract and the methods by which it will be done. Next, getting the support from recognized experts to counter the arguments mentioned earlier. Followed by developing relationships with local conservation, scientific, and community groups regarding educational opportunities and providing logistical support for scientific study. All has to be done before you put out your shingle and the first cage is lowered into the water.

All of this might seem to be a pain in the rear to someone who just wants to cash in on the growing shark craze but, sorry, that's where we are at today. The pure adrenaline adventure of seeing a shark is being supplanted by the opportunity to be enlightened to the beauty and importance of these animals which are vital to a healthy marine ecosystem. That's the difference between shark diving and shark ecotourism. And for the sharks, this extra burden of responsibility is a good thing.

An important sidebar to this entire incident has to do with an unfortunate loophole in the Magnuson-Stevens Fishery Conservation and Management Act which prescribes some very important marine conservation regulations but, as often is the case with other legislation, was subject to amendments which generate loopholes. From 3 miles (beyond state regulated waters) to 200 miles offshore, the Act limits shark feeding to only harvesting or research. In other words, if you want to hook and either catch or release a shark, baiting/chumming is okay. But if you only want to observe and appreciate the shark, baiting/chumming is illegal. Shark ecotourism operators therefore must either operate illegally, or hook a shark (which runs counter to its conservation position), or insure that there is some valid research taking place on each boat trip.

How this loophole might be corrected is of major importance to all shark ecotourism operators in Hawaii and conceivably elsewhere. What the shark ecotourism operators need to do is to come together and agree on a set of responsible protocols regarding their operations, safety, conservation education, research support, and public relations so that they can present a unified position, backed by sound arguments and expert support, to local, state, and federal politicians and decision-makers. This may be asking a lot of local small businessmen, but it is what they are now faced with.

As a filmmaker, I have seen the advantages of responsible shark ecotourism in promoting shark conservation to the benefit, not the expense, of both sharks and people. I do not have a personal financial interest in any shark ecotourism operation but, as someone with a media and marketing background, I am willing to put my opinions forward as to the future direction of shark ecotourism.

The real tragedy in all of this is what is happening to sharks populations right now worldwide. Responsible shark ecotourism can be one component in combating the slaughter of tens of millions of sharks.

Hawaii Shark Diving Under Siege?

The most serious challenge to US based commercial shark diving since the Farallones final shark diving policy last month is now unfolding in Hawaii. An angry crowd gathered this week to shut down a commercial cage diving effort on the island of Oahu - opening a renewed and heated conversation about shutting down existing operations as well.

We have said it before and we'll say it again, commercial shark diving efforts must be guided by conservation efforts with a strong political game plan in the matrix. This recent commercial efforts failure was at the hands of poorly guided media output and a complete lack of local outreach and education efforts.

You fail to properly roll out a commercial shark diving company at your own peril.

Just how the owner of this new company ever manged to find himself in a room full of angry locals with the major media on site is a testament to poor planning and execution. Unfortunately the rusted can of anti-shark diving sentiment opened by this effort is effecting all operations in the region. We'll be following this closely:

Like blood in the water an angry crowd of about 200 people converged on a town hall meeting about shark tours.

The shark tour owner told them the business is done. Koko Marina already pulled his boat slip because of the controversy. At issue is the proposed shark tours and feeding them to bring them closer to spectators in cages. Iolani Lewis is the man with the plan. Its tough to say what's more intimidating, swimming with the sharks or facing a crowded cafeteria full of people looking to run him out of town.

"You have immense nerve coming in here telling us how to enjoy the ocean," scolded one unidentified man to Lewis.

Complete Story/Video

Shark Allies - Commercial Conservation

As a long running theme here at this blog we have advocated for commercial shark diving involvement and leadership in conservation efforts.

Last week we got the following email and announcement from Stefanie Brendl, owner of Hawaiian Shark Encounters.

Shark conservation, outreach, and education is best served by the front line operators in the region.

Welcome to the new conservation website Shark Allies and Kudos to the guys in Hawaii for dreaming this up:

Hi Guys,

At last, our non-profit "Shark Allies" is getting off the ground. We have been tinkering around with websites and organizational stuff, but at last, we are going official. We have a booth at the Ocean Expo in Oahu this weekend where we will hand out a lot of info, introduce our first three projects, have some petitions to sign and hopefully get some members and volunteers.

Our first projects are:

A) Supporting and expanding the Marine Science Program at Waialua High School. We gave them money from Shark Encounters last year so they could start. The students love it and it has been very successful. They need more money to expand it so more students can sign up.

B)Supporting research for the study of the movement of sharks in the Hawaiian islands. Shark Encounters has been supporting a tagging project done by the Shark Lab of UH for two years that has given us a lot of new data for Galapagos and Sandbar sharks. We want to expand it to tiger sharks and beyond the North Shore.

C) Shark Fin legislation in Hawaii. Right now Sharks have to be landed whole, but it is not illegal to bring in or transship fins. So containers packed with fins still come into Hawaii.

We want to work towards a ban on all shark fin products in Hawaii.

This is a very small and humble start, keeping it local at first. But hopefully it can grow into an organization that can make a difference beyond Hawaii.

Thanks,

Stefanie

SharkAllies.org

Editors Note: You had us at Shark Allies;)

Hawaii Shark Diving-Got Sharks?

They say that "marketing is everything" in the world of commercial shark diving. Along with safety, education, and activism...whoever "they" are anyway.

Regardless, if you're debating about flying to Oahu this week and cage diving with sharks, may we suggest Hawaii Shark Encounters.

As far as the marketing goes who can beat a boatload of bikini clad sharkies? As far as safety, education, and activism. Yeah they got that too.

Editors Note: Do the "sharkies" come with the package?

Hawaii Sharks-This Weeks Tiger Soup

Looks like Hawaii has a "Tiger problem". For us in the shark diving world a "Tiger problem" is completely subjective. To discover up to 15 large Tigers aggregating within a mile of shore is not a problem:

For the past week, up to 15 large tiger sharks have lingered along five miles of the Big Island's Kohala Coast, near the Mauna Kea Beach Hotel, coming within 20 yards of shore.

Several beaches have been closed on O'ahu in the past two weeks because of sightings. And a shark attacked a surfer Tuesday at a popular Ka'a'awa surf spot called Crouching Lion.

There is no definitive reason why there are more sharks near shore, though experts suggest explanations ranging from shark mating season to clearer water — which increases shark sightings, even if there are no more sharks than usual.

Hawaii Shark Diving-Got Sharks?

There's actually two shark diving companies in Hawaii of note both operate to the same sites and both come loaded with sharks, and more sharks:

The tour leaves Haleiwa Small Boat Harbor starting at 7:00 a.m. and lasts two-hours. Tours are available throughout the day Shark Adventures uses a custom 32-foot Anderson boat with a swim step on the transom of the boat. Tours are limited to six persons so there is no overcrowding.

Safety of our passengers is our first priority. A safety briefing is given at the start of the tour. People may bring their own mask and snorkel, however, fins are not necessary. Masks and snorkels are also provided on the vessel "Kailolo II". "Kailolo" means water crazy. Once we get to the area, the shark cage is placed in the water. The cage floats on the surface of the water. The water is a cobalt blue and visibility is approximately 200 feet or more. You can actually see the sharks come up from the deep.

Editors Note: Count us in!