Protection
With few exceptions, in United States waters marine mammals are protected from harassment and approach by the Marine Mammal Protection Act of 1972. Some marine mammals are further protected by the Endangered Species Act of 1973. One mammal protected by both is the humpback whale (Megaptera novaeangliae). These laws usually afford marine mammals protection from harassment. Harassment is often interpreted to mean a situation in which the natural behavior of an animal is altered as a consequence of human action. Protection can also include laws regarding allowable proximity to the animals. For example, in Hawaiian waters, humpback whales may not be approached (by boat or otherwise) closer than 100 yards. For more information about protection, consult the NOAA Fisheries site.
Permits
The HWRF currently conducts its research activities in the Hawaiian islands under the provisions of NOAA Fisheries (NMFS) research permit #587-1472-00. (Prior to 1995, the research activities were conducted under permits #633 and #882) This permit, along with a similar research permit issued by the State of Hawaii, allows the HWRF research vessel, provided it is under the direction of a designated agent of the permit, to approach certain marine mammals in order to collect behavioral and identification data about individuals and groups of animals. For the HWRF's research, these animals are usually humpback whales, although observations are conducted on Hawaiian spinner dolphin (Stenella longirostris), pantropical spotted dolphin (Stenella attenuata), bottlenose dolphin (Tursiops truncatus) and the false killer whale (Pseudorca crassidens) if warranted. While conducting research activities under permit in Hawaiian waters, research vessels must fly a yellow pennant showing the permit number.