Pacific Whale Foundation Testifies to Protect Whales

02/07/2007
by Anne Rillero
Communications Director
Pacific Whale Foundation

MAALAEA, HI -- Pacific Whale Foundation President and Founder Greg Kaufman traveled to Honolulu today to testify before two Hawaii State Senate Committees on the need for an Environmental Impact Statement (EIS) prior to allowing operation of the Hawaii Superferry.
Kaufman's testimony before the Senate Transportation and International Affairs Committee, and the Energy and Environment Commiteee, was in support of Senate Bill 1276, which would require an EIS for the Superferry. (Please click here to download and read testimony)

Kaufman has studied humpback whales throughout the North and South Pacific for nearly 30 years and has authored three books and dozens of scientific and popular articles on whales. He has participated in several international and national workshops and meetings on the impacts and effects of high-speed ferries and vessels on whales.

He spoke on behalf of more than 250,000 members and supporters of Pacific Whale Foundation, as well as the organization's 150 Maui-based employees, plus the more than 20,000 people who have signed petitions against the Hawaii Superferry.

"While we have many concerns regarding the socio-economic impacts the Hawaii Superferry (HSF) will have on Hawaii in general and Maui in particular, I would like to speak to the impending increased jeopardy to humpback whales posed by the HSF," said Kaufman.

"Fatal collisions with ships have become a leading threat to whale survival. Ship strikes are on the rise, due to a combination of increasing coastal ship traffic, smaller crew size, bigger vessels and faster speeds," he said. "Deafening underwater noise levels from vessels prevents whales from hearing their impending approach."

Kaufman noted that most collisions occur in coastal waters with high concentrations of whales and vessels. He explained that whales become more vulnerable in feeding, nursing, calving, and mating grounds where they spend more time on the surface of the sea

"A review of worldwide collisions between whales and fast ferries carried out by Weinrich (2004) noted that out of 24 reported collisions, eleven were with fast ferries (i.e. traveling at greater than 30 knots)," remarked Kaufman. "Additionally, the probability of a collision causing fatal or serious injury to the struck whale becomes more likely as speed increases."

"Whales struck at speeds greater than 13 knots were more likely to sustain fatal injuries, while whales struck at speeds less than 13 knots were more likely to survive (Laist et al. 2001, Jensen and Silber 2003)," he said.

Kaufman pointed out that fast ferries have reportedly killed or injured whales in Maine, Washington, British Columbia, Spain, New Caledonia, the Sea of Japan, the English Channel and the Mediterranean. In France and Italy, more than one in ten whale strandings has been attributed to ship strikes, many from speeding ferries. Between France and Corsica, a ferry hits at least one whale per year.

In April 2006, an unidentified whale was struck and almost certainly killed by a high-speed ferry near Kagoshima Bay, Japan. More than 40 of the ferry’s passengers were taken to hospital and at least 12 were reported to be in a serious condition. Virtually all of the ferry’s 103 passengers were injured in some way.

According to Kaufman, humpback whales are present in Hawaiian waters from early October until late June.  About 60% of the North Pacific stock (some 8,000 – 10,000 whales) migrates each year to Hawaii to mate, calve and nurse their young. 

"Humpback whales are an endangered species and afforded federal and state protection," he said. "Needless to say, no matter where a humpback whale is encountered, whether it is off Diamond Head, or en route to Kahului, Kawaihae or Nawiliwili harbors, humpbacks remain endangered and protected."

"The HSF is a high-speed vessel unlike any other ever to ply Hawaiian waters," emphasized Kaufman.  "At 350 feet in length with a 78 foot beam and carving a draft at over 11 feet this vessel single-handedly poses a formidable threat to Hawaiian marine life, and in particular endangered humpback whale."

Kaufman noted that proponents of HSF have spun a wildly exaggerated tale of how they will attempt to prevent whale strikes and collisions. "HSF states they will operate at a maximum of 25 knots or less in waters less than 100 fathoms, waters they say are relatively void of humpback whales," he said. "However, recent data, (Mobley et al., 2004) shows distribution of humpbacks whales off Kauai to be about 50% in 100-fathom waters and 50% in 1000 fathoms of water."

In fact one of the most remarkable whale strikes ever recorded happened off Maui in 2001 involving a fisherman thrown from his vessel in the very area the HSF will commute through, said Kaufman. This collision, like several since, occurred in waters greater than 100 fathoms in depth.

According to Kaufman, the sheer size and bulk of the HSF (greater than 100m in length) with its bridge tending towards the back of the boat, means that visibility close to the bow of the vessel is more likely to be limited. The long reaction time needed to change course means that the boat may be unable to avoid striking a whale – it may, quite literally, be stuck on a ‘collision course’. In 93% of collision accounts examined by Laist et al. (2001), whales were either not seen beforehand, or were seen too late to be avoided.

"HSF claims they will employ the use of high tech gizmos like forward-looking collision avoidance sonar and x-band radar. However, at the Jan. 12, 2006 Hawaiian Islands Humpback Whale Sanctuary Advisory Council meeting, co-owner Terry White announced HSF ordered their first ship without forward looking collision avoidance sonar or x band radar," said Kaufman.

Kaufman reported that inter-island barges travel at speeds under 15 knots.  Incoming cargo ships travel at speeds of 20 knots or less.  "We recently polled the top five cruise ship companies regularly traversing Hawaiian waters and found they are doing an average of 15 knots or less," he said. "No other vessel of HSF’s size or magnitude is traveling at such a high rate of speed in the presence of an endangered species."

"The math is not in HSF’s favor; assuming a travel speed of 35 knots and encountering a whale at 500 yards, with the whale swimming 1-3 knots towards the vessel, the reaction time to collision is 2.38 seconds," pointed out Kaufman.  "Traveling at the same speed and detecting the whale at 100 yards, HSF has minus 9.67 seconds to react – in other words they will hit a whale before they even see it from about 500 yards or less."

Humpback whales are an endangered species and the Federal Endangered Species Act and the Marine Mammal Protection Act afford them protection, said Kaufman. He noted that under section 7(a)(1) of the Endangered Species Act (ESA), Federal agencies are directed to utilize their authorities to carry out programs for the conservation of endangered species.

"Under section 7(a)(2) of the ESA, each Federal agency shall, in consultation with the Secretary of Commerce, insure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat," read Kaufman.

"Section 7 Consultation ensures a Biological Assessment is made to determine whether the proposed federal action will result in jeopardy/no jeopardy to listed species or destruction or adverse modification/no destruction or adverse modification to designated critical habitats."

"HSF will operate from a ferry terminal facility in Honolulu built with the help of the U.S. Department of Transportation, a federal agency," he noted. "HSF will operate from Kahului harbor, a facility improved for its use in consultation with the Army Corp of Engineers, a federal agency. HSF has received Title XI federal loan guarantee for nearly $140 million from the Department of Transportation Maritime Administration, a federal agency. HSF has accepted and expended these federally guaranteed funds."

He lamented, "Federal law requires section 7 Consultation, but nobody seems to be calling for it."

To learn more about this issue, visit www.pacificwhale.org.