TGCC Member Alert
Date: January 14, 2011
Members have up to January 20, 2011 to respond to the following. At the end of this statement there is a recommended response should members chose not to make a personal one.
The Flower Garden Banks National Marine Sanctuary (FGBNMS) is about to finalize regulations on Rays and Whale Sharks that will affect every diver in this club. Enforcement of this regulation has the potential of changing the FGBNMS from a "Marine Sanctuary" into a "No Dive Zone". While we support the need to protect these animals and better define what is and is not proper interactions with them - we feel that this proposal goes far beyond that.
The following are extracts from pages 65256 - 65261 of the Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Proposed Rules with the words that give the most concerns highlighted:
Beginning of extracts from the proposed regulations
§ 922.122 Prohibited or otherwise regulated activities
(7) Killing, injuring, attracting, touching, or disturbing a ray or whale shark in the Sanctuary.
NOAA proposes to strengthen the protection of rays and whale sharks from harm (or likelihood thereof) in the sanctuary by prohibiting killing, injuring, attracting, touching, or disturbing these animals. The intent is to prevent human interaction with rays and whale sharks in such a manner that the animals change direction, dive away from human interaction, shudder, or have any other adverse behavioral or physical reaction.
Disturb or disturbing a ray or whale shark means to, or attempt to, ride, pursue, hunt, restrain, detain (no matter how temporarily), capture, collect, or conduct any other activity that disrupts or has the potential to disrupt any ray or whale shark in the Sanctuary by, for example, causing or threatening to cause the ray or whale shark to shudder or alter one or more of its natural behavioral traits or patterns.
End of extracts from the proposed regulations
Our remarks about the above:
Recommended Comment
While I understand and support the need to better protect Rays and Whale Sharks, these regulations take the matter farther than conditions at the FGBNMS warrant. The intent of the regulations should also be more along the line of promoting proper animal/human interactions rather than preventing them. This Ray and Whale Shark regulatory proposal is not at a stage to be finalized and should be reviewed, made more appropriate for the conditions at the FGBNMS, and resubmitted as proposed regulation.
Date: January 14, 2011
Members have up to January 20, 2011 to respond to the following. At the end of this statement there is a recommended response should members chose not to make a personal one.
The Flower Garden Banks National Marine Sanctuary (FGBNMS) is about to finalize regulations on Rays and Whale Sharks that will affect every diver in this club. Enforcement of this regulation has the potential of changing the FGBNMS from a "Marine Sanctuary" into a "No Dive Zone". While we support the need to protect these animals and better define what is and is not proper interactions with them - we feel that this proposal goes far beyond that.
The following are extracts from pages 65256 - 65261 of the Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Proposed Rules with the words that give the most concerns highlighted:
Beginning of extracts from the proposed regulations
§ 922.122 Prohibited or otherwise regulated activities
(7) Killing, injuring, attracting, touching, or disturbing a ray or whale shark in the Sanctuary.
NOAA proposes to strengthen the protection of rays and whale sharks from harm (or likelihood thereof) in the sanctuary by prohibiting killing, injuring, attracting, touching, or disturbing these animals. The intent is to prevent human interaction with rays and whale sharks in such a manner that the animals change direction, dive away from human interaction, shudder, or have any other adverse behavioral or physical reaction.
Disturb or disturbing a ray or whale shark means to, or attempt to, ride, pursue, hunt, restrain, detain (no matter how temporarily), capture, collect, or conduct any other activity that disrupts or has the potential to disrupt any ray or whale shark in the Sanctuary by, for example, causing or threatening to cause the ray or whale shark to shudder or alter one or more of its natural behavioral traits or patterns.
End of extracts from the proposed regulations
Our remarks about the above:
- Consider that all visitors to the FGBNMS being told to report what they perceive as a regulatory violation.
- Many of the animal behaviors identified as signs of disruption are normal communicative behaviors - like turning or normal swimming activities
- When you are in the water and a manta ray turns towards, away from, goes up and over you, or diverts under you -disrupt violation
- Swim over a buried sting ray, and he moves - disrupt violation
- A manta ray swims towards you and brushes by you - disrupt and touching violation
- Putting divers in the water - a potential to disrupt violation
Recommended Comment
While I understand and support the need to better protect Rays and Whale Sharks, these regulations take the matter farther than conditions at the FGBNMS warrant. The intent of the regulations should also be more along the line of promoting proper animal/human interactions rather than preventing them. This Ray and Whale Shark regulatory proposal is not at a stage to be finalized and should be reviewed, made more appropriate for the conditions at the FGBNMS, and resubmitted as proposed regulation.