The Department of Conservation says dolphin numbers in the Bay of Islands are in sharp decline. Photo / Michael Cunningham
A marine mammal sanctuary with strict new rules governing how people can interact with the Bay of Islands' bottlenose dolphins is set to go ahead despite opposition from some boaties and businesses.
The Department of Conservation, however, says the sanctuary is needed to stop what's left of the Bay's dolphin population disappearing altogether — and the rules have been tweaked since the original proposal to take public concerns into account.
The Te Pēwhairangi (Bay of Islands) Marine Mammal Sanctuary was announced in Paihia today by Conservation Minister Kiritapu Allan and will come into effect on December 15.
Allan said the sanctuary would address pressures on marine mammals while also responding to key issues raised in the submission process by making ''important workability amendments''.
The sanctuary's key rules include a ban on getting into the water within 300m of a marine mammal or approaching within 300m of marine mammals by vessel.
If marine mammals approach a vessel, the vessel must stop until they move at least 300m away.
Vessel speeds are also limited to 5 knots while inside specified ''safe zones''.
The safe zones are between Moturua and Motuarohia islands and the northern side of the Russell Peninsula, including Oneroa Bay, Paroa Bay, Manawaora Bay and Jacks Bay.
In the original proposal the ''approach distance'' was set at 400m instead of 300m.
The sanctuary boundaries were also adjusted to exclude key harbours, ports, landings and anchorages, including the waters off Ōpua, Russell township, Paihia/Waitangi, Doves Bay and Ōpito Bay.
The final version also includes exemptions, for example, for vessels with restricted manoeuvreability or people taking part in approved events.
Fines for breaking the rules are $600 or $800. More serious cases can lead to prosecution with a maximum jail term of two years or a fine of up to $100,000.
The new rules apply to all marine mammals though the most common species encountered in the Bay are bottlenose dolphins and fur seals. Common dolphins, orca and whales are less frequent visitors.
A total of 645 submissions were received of which 66 per cent were in support, 26 per cent opposed, and 8 per cent neutral.
Allan said the aim was to ensure both marine mammals and humans could visit the Bay safely.
"The sanctuary addresses the high levels of vessel and human interaction with dolphins and other marine mammals in the Bay. Scientific research shows a reduction in survival critical behaviour around vessels and a reduction in the number of bottlenose dolphins visiting the Bay – a taonga species for local kaitiaki and an iconic species for the community,'' she said.
Studies have found Bay of Islands bottlenose dolphins spend on average 86 per cent of daylight hours in the presence of at least one vessel, affecting their ability to feed and care for their young.
Also according to DOC, the local bottlenose dolphin population plummeted from 278 in 1999 to just 26 recognisable individuals in 2020, a drop of 91 per cent.
Some Bay of Islands tourism operators, however, say the sanctuary will hurt businesses already reeling from the effects of Covid-19.
Paihia Dive owner Craig Johnston earlier told the Advocate the distance rule would have ''major and unintended consequences'' if it also applied to fur seals.
Because seals, unlike dolphins, would often sit in one spot all day, that could shut off popular dive sites such as Bird Rock.
New rules introduced in 2019 banned swimming with dolphins in the Bay of Islands and reduced interaction times, but applied only to commercial operators.
The sanctuary rules will apply to everyone, from big tourism businesses such as Explore to small-time boaties.