HB901

HOUSE OF REPRESENTATIVES	H.B. NO.	901
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to the protection of aquatic mammals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that cetaceans, which include dolphins, whales, and porpoises, are highly intelligent and social animals. Cetaceans are advanced sentient aquatic mammals, having high brain to body mass ratios and high encephalization. Similar to humans, cetaceans are self-aware and exhibit complex play, cooperation, creativity, and even tool usage. Additionally, cetaceans have emotions and are adversely affected by captivity. Public opposition to the keeping and displaying of captive cetaceans has increased in the United States and worldwide. The county of Maui has prohibited the exhibition of captive cetaceans since 2002, and California, New York, and South Carolina also passed legislation prohibiting the display of some or all species of cetaceans. Additionally, at least fourteen other countries have banned or restricted the exhibition and importation of cetaceans.

The legislature further finds that the dysfunctional social structure of captive cetaceans is known to cause unnatural aggression and stress, resulting in injury, illness, or death. Animals in cetacean facilities exhibit unaddressed yet documented behaviors, such as floating motionless at the surface for prolonged periods and swimming in repetitive circles, an indication of depression due to the stress of inadequate living conditions. As a result, survivorship of cetaceans in a captive environment is significantly reduced. In November 2013, the United States marine mammal inventory report indicated that the causes of death for Hawaii's captive cetaceans includes food poisoning, capture-related incidents, malnutrition, debilitation, drowning, jumping out of enclosures, trauma, and failure to thrive.

The legislature also finds that cetaceans are injured or deformed due to the ongoing unnatural and physical demands of a job in the entertainment industry. Additionally, educational content delivered by a captivity facility is often inaccurate and misleading, as animals are performing theatrical tricks rather than displaying natural behaviors. Furthermore, Hawaiian values are neglected by disregarding the ecological, cultural, and spiritual significance of cetaceans.

The purpose of this Act is to prohibit the display of captive cetaceans in the State.

SECTION 2. Chapter 142, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . prohibiting the exhibition of captive cetaceans

§142- Title. This part shall be known and may be cited as the "Protecting Aquatic Mammals From Living in Pools or Restraints (PROTECT FLIPR): A Cetacean Display Ban Act".

§142- Definitions. Whenever used in this part, unless a different meaning clearly appears from the context:

"Captive" means confined, restrained, or kept under control.

"Cetacean" means a marine animal of the order Cetacea, including dolphins, porpoises, and whales.

"Exhibit" means to put on public display in an artificial cage, including but not limited to pools and tanks, whether or not admission is charged.

§142- Prohibition. It is unlawful to exhibit captive cetaceans in the State.

§142- Penalties. Any person who violates this part shall be fined not more than $10,000 for each offense.

§142- Rules. The department of agriculture shall establish rules pursuant to chapter 91 for the purposes of this part."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________