New dolphin rules making a difference in Bay of Islands - DoC

DoC staff stop a boat alleged to have breached Bay of Islands Marine Mammal Sanctuary regulations just off Russell’s Tapeka Pt by exceeding the maximum safe zone speed and failing to stop within 300m of marine mammals. Photo / Peter de Graaf

More than 400 boaties have been stopped by marine rangers, with 11 potentially facing fines or prosecution for breaching new dolphin protection rules in the Bay of Islands.

According to data supplied under the Official Information Act, from December 15, 2021, when the Bay of Islands Marine Mammal Sanctuary came into force, and March 15 this year, 415 skippers were spoken to and/or given an 'advocacy bag'.

The bag contains leaflets explaining the rules and maps of the sanctuary and 'safe zone' boundaries.

Of those 415 skippers, 338 were given verbal warnings while 66 were given official warnings and had their personal details recorded.

Another 11 cases are still pending. Those may result in a fine or even prosecution.

The sanctuary rules prohibit vessels from approaching within 300m of dolphins or other marine mammals. If dolphins approach a boat, the vessel must stop until they move at least 300m away.

DoC marine rangers head off a boat approaching a pod of dolphins just off Russell's Tapeka Pt. Photo / Peter de Graaf

The rules also limit vessel speeds to five knots inside 'safe zones' between Moturua and Motuarohia islands and the northern side of Russell Peninsula, including Oneroa, Paroa, Manawaora and Jacks bays.

The sanctuary came into force late last year after years of consultation and controversy. A total of 645 submissions were received.

The Department of Conservation and local hapū said the restrictions were needed to stop a sharp decline in the Bay's bottlenose dolphin population.

According to DoC, numbers plummeted from 278 in 1999 to just 26 in 2020. The drop was blamed on dolphins spending most of their daylight hours in the presence of boats, altering their behaviour and affecting their ability to feed and care for their young.

The old rules limiting interactions with dolphins in the Bay applied to commercial operators but not private boats.

DoC marine mammal ranger Cat Peters during the announcement of the Bay of Islands Marine Mammal Sanctuary in Paihia in 2021. Photo / Tania Whyte

DoC marine mammal ranger Cat Peters said all 415 boaties spoken to in the first three months of the sanctuary were either breaching the rules or appeared about to do so, for example by travelling at speed towards a safe zone.

Most were warned and given information. In more serious cases the details of the skipper and vessel were taken.

In 11 cases, DoC had recommended further action such as a fine or prosecution, although those cases could yet be downgraded to an official warning.

As yet no one had been fined because the process, which included a follow-up interview and a chance for the skipper to respond, took time.

"It's not just down to one warranted officer on the water issuing a ticket," she said.

Some skippers had refused to give their names but had been identified through their vessels.

Peters said 96 per cent of boaties spoken to during the summer had responded positively to marine rangers. It was often just a case of explaining the rules or the reasons behind them.

"We got very little pushback but we did get a lot of feedback around the new rules being clearer," she said.

The old rules varied by the species of dolphins, their behaviour at the time, and whether calves were present. The new rules applied to all marine mammals of any age.

Peters said she was "definitely" seeing behaviour change among boaties.

"It took a while but we are now seeing boaties instinctively stopping when they see dolphins, even if they are unsure, which is exactly what we want to see."

She recalled an occasion during summer when a pod of dolphins travelled through the inner islands, engaging in natural behaviour all the way because every boat stopped.

"Everyone had a fantastic time watching the dolphins with a calf, feeding and playing with seaweed — and there was no chasing the dolphins. I hadn't seen that in the 15 years I've been here so we are seeing changes."

The skipper of this vessel, who DoC says would not give his name, is one of 11 being followed up for alleged breaches of the Bay of Islands Marine Mammal Sanctuary. Photo / Peter de Graaf

When the sanctuary was announced some residents were concerned that the five-knot safe zone limit would stop them enjoying activities such as water-skiing near Russell, while commercial operators already hit by the pandemic were worried about the impact on their businesses.

Paihia Dive owner Craig Johnson initially feared the 400m approach rule — later reduced to 300m — could lock him out of the Bay's best dive spots because those were the very places fur seals like to hang around.

Since then, however, DoC had tweaked the boundaries so that Bird Rock, Motukōkako (Hole in the Rock) and Lighthouse Bay were outside the sanctuary.

"So it hasn't affected us at all. It'll have real benefits around educating the public about marine mammals, and it gives DoC more teeth to deal with recreational boaties. The fears I had were unfounded."

Johnson said he had seen very few dolphins during the summer and only had to stop his boat for them three times.

The sanctuary rules are due to be reviewed, with fresh consultation if any changes are required, in three years' time.

Peters said that would be long enough to detect any changes to calf mortality rates and dolphin behaviour.

"We want to see behaviour become more normal and less habituated to playing with boats and distracted from resting and feeding."

It would take longer to be sure overall dolphin numbers in the Bay were increasing.

For a few weeks during summer, from December 19 until the second week of January, there were no dolphins at all in the Bay.

Peters said the same thing had happened for three years in a row as the summer influx of visitors arrived.

"We don't want to see that in future. The dolphins should be able to be here when we are here, in our busiest times."

The sanctuary fines are $600 for a breach of the rules but no direct harm, or $800 if marine mammals are harmed or disturbed.

Prosecution under the Marine Mammal Protection Act is reserved for the most serious cases, for example if a boat travels through a pod at speed, injures dolphins and fails to stop. The Act also applies to breaches by commercial vessels.