Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Proposed Rules 73423 

‘‘(Date)’’; and removing from the last 

sentence of paragraph (d) of the clause 

‘‘$500,000’’ and adding ‘‘$550,000’’ in 

its place. 

52.230–3 [Amended] 

84. Amend section 52.230–3 by 

revising the date of the clause to read 

‘‘(Date)’’; and removing from paragraph 

(d)(2) ‘‘$500,000’’ and adding 

‘‘$550,000’’ in its place. 

52.230–5 [Amended] 

85. Amend section 52.230–5 by 

revising the date of the clause to read 

‘‘(Date)’’; and removing from paragraph 

(d)(2) of the clause ‘‘$500,000’’ and 

adding ‘‘$550,000’’ in its place. 

86. Amend section 52.236–1 by 

revising the introductory paragraph to 

read as follows: 

52.236–1 Performance of Work by the 

Contractor. 

As prescribed in 36.501(b), insert the 

following clause. Complete the clause 

by inserting the appropriate percentage 

consistent with the complexity and 

magnitude of the work and customary or 

necessary specialty subcontracting (see 

36.501(a)): 

* * * * * 

87. Amend section 52.243–7 by 

revising the introductory paragraph to 

read as follows: 

52.243–7 Notification of Changes. 

As prescribed in 43.107, insert the 

following clause: 

* * * * * 

52.244–6 [Amended] 

88. Amend section 52.244–6 by 

revising the date of the clause to read 

‘‘(Date)’’; removing from paragraph 

(c)(1)(i) of the clause ‘‘$500,000’’ and 

adding ‘‘$550,000’’ in its place, and 

removing from paragraph (c)(1)(iii) of 

the clause ‘‘(Dec 2001)’’ and adding 

‘‘(Date)’’ in its place. 

52.248–3 [Amended] 

89. Amend section 52.248–3 by 

revising the date of the clause to read 

‘‘(Date)’’; and removing from the first 

sentence of paragraph (h) of the clause 

‘‘$50,000’’ and adding ‘‘$55,000’’ in its 

place. 

90. Amend section 52.249–1 by 

revising the introductory paragraph to 

read as follows: 

52.249–1 Termination for Convenience of 

the Government (Fixed-Price) (Short Form). 

As prescribed in 49.502(a)(1), insert 

the following clause: 

* * * * * 

PART 53—FORMS 

53.219 [Amended] 

91. Amend section 53.219 by 

removing from paragraphs (a) and (b) 

‘‘(Rev. 10/01)’’ and adding ‘‘(Date)’’ in 

its place. 

53.301–294 [Amended] 

92. Amend section 53.301–294 at the 

bottom of page 1 of the form by revising 

the date of the form to read ‘‘(Date)’’; 

and on page 2 of the form, by removing 

from the first sentence of paragraph 3, 

under General Instructions, ‘‘$500,000’’

and adding ‘‘$550,000’’ in its place. 

53.301–295 [Amended] 

93. Amend section 53.301–295 at the 

bottom of page 1 of the form by revising 

the date of the form to read ‘‘(Date)’’; 

and on page 2 of the form, by removing 

from the first sentences of paragraphs 2 

and 5, under General Instructions, 

‘‘$500,000’’ and adding ‘‘$550,000’’ in 

their place. 

[FR Doc. 05–16971 Filed 12–9–05; 8:45 am] 

BILLING CODE 6820–EP–S 

OFFICE OF MANAGEMENT AND 

BUDGET 

Office of Federal Procurement Policy 

48 CFR Parts 9901 and 9903 

Cost Accounting Standards Board 

(CAS) Changes to Acquisition 

Thresholds 

AGENCY: Cost Accounting Standards 

Board, Office of Federal Procurement 

Policy, OMB. 

ACTION: Proposed rule with request for 

comment. 

SUMMARY: The Cost Accounting 

Standards (CAS) Board is proposing to 

adjust the CAS application and full 

coverage thresholds for inflation in 

accordance with section 807 of the 

Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 

(Pub. L. 108–375). 

DATES: Comments upon this proposed 

rule must be in writing and must be 

received by February 10, 2006. 

ADDRESSES: Due to delays in OMB’s 

receipt and processing of mail, 

respondents are strongly encouraged to 

submit comments electronically to 

ensure timely receipt. Electronic 

comments may be submitted to 

casb2@omb.eop.gov. Please put the full 

body of your comments in the text of the 

electronic message and also as an 

attachment readable in either MS Word 

or Corel WordPerfect. Please include 

your name, title, organization, postal 

address, telephone number, and e-mail 

address in the text of the message. 

Comments may also be submitted via 

facsimile to (202) 395–5105. 

FOR FURTHER INFORMATION CONTACT: 

David J. Capitano, Cost Accounting 

Standards Board (telephone: 703–847–

7486). 

SUPPLEMENTARY INFORMATION: 

A. Background 

Analysis of Statutory AcquisitionRelated Thresholds 

Section 807 provides for adjustment 

every 5 years of acquisition-related 

thresholds, except for thresholds set by 

the Davis-Bacon Act, Service Contract 

Act, and trade agreements. The statute 

requires that the adjustment be based on 

inflation, using the Consumer Price 

Index (CPI) for all-urban consumers. 

Acquisition-related thresholds in 

statutes that were in effect on October 

1, 2000, are subject to 5 years of 

inflation. For purposes of this proposed 

rule, the calculation of escalation is 

based on the CPI from December 1999 

to December 2004 (the most recent 

available data), which currently 

computes at 1.1307, as determined by 

the Federal Acquisition Regulatory 

(FAR) Council. 

Once the escalation factor is applied 

to the acquisition-related threshold, the 

law requires rounding of the calculated 

threshold as follows: 

< $10,000 ...................... Nearest $500 

$10,000–<$100,000 ...... Nearest $5,000 

$100,000–<$1,000,000 Nearest $50,000 

$1,000,000 or more ...... Nearest $500,000 

Applying the 1.1307 factor and the 

rounding criteria described above, the 

CAS thresholds have been revised as 

follows: 

(a) For contract applicability, from 

$500,000 to $550,000; 

(b) For applicability to a business 

unit, from $7.5 million to $8.5 million; 

(c) For waiver authority, from $15 

million to $17 million; 

(d) For full coverage, from $50 million 

to $56.5 million; 

(e) For disclosure statement 

submissions by a company (other than 

educational institutions), from $50 

million to $56.5 million; 

(f) For disclosure statement 

submissions by a segment of a company, 

from $10 million to $11.5 million; and 

(g) For disclosure statement 

submissions by an educational 

institutions, from $25 million to $28.3 

million. 

B. Paperwork Reduction Act 

The Paperwork Reduction Act, Public 

Law 96–511, does not apply to this 

rulemaking, because this rule imposes 

73424 Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Proposed Rules 

no paperwork burden on offerors, 

affected contractors and subcontractors, 

or members of the public which requires 

the approval of OMB under 44 U.S.C. 

3501, et seq. 

C. Executive Order 12866 and the 

Regulatory Flexibility Act 

The economic impact of this rule on 

contractors and subcontractors is 

expected to be minor. As a result, the 

Board has determined that this rule is 

not significant under the provisions of 

Executive Order 12866, and that a 

regulatory impact analysis will not be 

required. Furthermore, this rule will not 

have a significant impact on a 

substantial number of small businesses 

because small businesses are exempt 

from the application of the Cost 

Accounting Standards. Therefore, this 

rule does not require a regulatory 

flexibility analysis under the Regulatory 

Flexibility Act of 1980. 

D. Public Comments 

Interested persons are invited to 

participate by submitting data, views or 

arguments with respect to this proposed 

rule. All comments must be in writing 

and submitted to the address indicated 

in the ADDRESSES section. 

List of Subjects in 48 CFR Part 9903 

Accounting, Government 

procurement. 

Joshua B. Bolten, 

Director. 

For the reasons set forth in this 

preamble, chapter 99 of title 48 of the 

Code of Federal Regulations is proposed 

to be amended as set forth below: 

PART 9901—RULES AND 

PROCEDURES 

1. The authority citation for part 9901 

is revised to read as follows: 

Authority: 41 U.S.C. 422(f). 

2. Revise section 9901.306 to read as 

follows: 

§ 9901.306 Standards applicability. 

Cost Accounting Standards 

promulgated by the Board shall be 

mandatory for use by all executive 

agencies and by contractors and 

subcontractors in estimating, 

accumulating, and reporting costs in 

connection with pricing and 

administration of, and settlement of 

disputes concerning, all negotiated 

prime contract and subcontract 

procurements with the United States 

Government in excess of $550,000, other 

than contracts or subcontracts that have 

been exempted by the Board’s 

regulations. 

PART 9903—CONTRACT COVERAGE 

3. The authority citation for part 9903 

continues to read as follows: 

Authority: 41 U.S.C. 422(f). 

Subpart 9903.2—CAS Program 

Requirements 

4. Section 9903.201–1 is amended by 

revising paragraphs (b)(2) and (b)(7) to 

read as follows: 

§ 9903.201–1 CAS applicability. 

* * * * * 

(b) * * * 

(2) Negotiated contracts and 

subcontracts not in excess of $550,000. 

For purposes of this paragraph (b)(2) an 

order issued by one segment to another 

segment shall be treated as a 

subcontract. 

* * * * * 

(7) Contracts or subcontracts of less 

than $8.5 million, provided that, at the 

time of award, the business unit of the 

contractor or subcontractor is not 

currently performing any CAS-covered 

contracts or subcontracts valued at $8.5 

million or greater. 

* * * * * 

5. Section 9903–201–2 is amended by 

revising paragraphs (a)(1) and (2), (b)(1) 

and (2), and (c)(3) and (5) to read as 

follows: 

§ 9903.201–2 Types of CAS coverage. 

(a) * * * 

(1) Receive a single CAS-covered 

contract award of $56.5 million or more; 

(2) Receive $56.5 million or more in 

net CAS-covered awards during its 

preceding accounting period. 

(b) Modified coverage. (1) Modified 

CAS coverage requires only that the 

contractor comply with Standard 

9904.401, Consistency in Estimating, 

Accumulating, and Reporting Costs, 

Standard 9904.402, Consistency in 

Allocating Costs Incurred for the Same 

Purpose, Standard 9904.405, 

Accounting for Unallowable Costs and 

Standard 9904.406, Cost Accounting 

Standard—Cost Accounting Period. 

Modified, rather than full, CAS coverage 

may be applied to a covered contract if 

less than $56.5 million awarded to a 

business unit that received less than 

$56.5 million in net CAS-covered 

awards in the immediately preceding 

cost accounting period. 

(2) If any one contract is awarded 

with modified CAS coverage, all CAScovered contracts awarded to that 

business unit during that cost 

accounting period must also have 

modified coverage with the following 

exceptions: if the business unit receives 

a single CAS-covered contract award of 

$56.5 million or more, the contract must 

be subject to full CAS coverage. 

Thereafter, any covered contract 

awarded in the same cost accounting 

period must also be subject to full CAS 

coverage. 

* * * * * 

(c) * * * 

(3) Applicable Standards. Coverage 

for educational institutions requires that 

the business unit comply with all of the 

CAS specified in part 9905 that are in 

effect on the date of the contract award 

and with any CAS that become 

applicable because of later award of a 

CAS-covered contract. This coverage 

applies to business units that receive 

negotiated contracts in excess of 

$550,000, except for CAS-covered 

contracts awarded to FFRDCs operated 

by an educational institution. 

* * * * * 

(5) Contract Clauses. The contract 

clause at 9903.201–4(e) shall be 

incorporated in each negotiated contract 

and subcontract awarded to an 

educational institution when the 

negotiated contract or subcontract price 

exceeds $550,000. For CAS-covered 

contracts awarded to an FFRDC 

operated by an educational institution, 

however, the full or modified CAS 

contract clause specified at 9903.201–

4(a) or (c), as applicable, shall be 

incorporated. 

* * * * * 

6. Section 9903–201–3 is amended by 

revising the clause heading; by revising 

paragraphs (a) and (c)(3) in Part I of the 

clause, by revising the CAUTION 

paragraph following paragraph (c)(4) in 

Part I of the clause; and by revising Part 

II of the clause, to read as follows: 

§ 9903.201–3 Solicitation provisions. 

* * * * * 

Cost Accounting Standards Notices and 

Certification (October 2005) 

* * * * * 

I. Disclosure Statement—Cost Accounting 

Practices and Certification 

(a) Any contract in excess of $550,000 

resulting from this solicitation, except for 

those contracts which are exempt as 

specified in 9903.201–1. 

* * * * * 

(c) * * * 

(3) Certificate of Monetary Exemption. 

The offeror hereby certifies that the offeror, 

together with all divisions, subsidiaries, and 

affiliates under common control, did not 

receive net awards of negotiated prime 

contracts and subcontracts subject to CAS 

totaling $56.5 million or more in the cost 

accounting period immediately preceding the 

period in which this proposal was submitted. 

The offeror further certifies that if such status 

changes before an award resulting from this 

Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Proposed Rules 73425 

proposal, the offeror will advise the 

Contracting Officer immediately. 

(4) * * * 

Caution: Offerors currently required to 

disclose because they were awarded a CAScovered prime contract or subcontract of 

$56.5 million or more in the current cost 

accounting period may not claim this 

exemption (4). Further, the exemption 

applies only in connection with proposals 

submitted before expiration of the 90-day 

period following the cost accounting period 

in which the monetary exemption was 

exceeded. 

II. Cost Accounting Standards—Eligibility for 

Modified Contract Coverage 

If the offeror is eligible to use the modified 

provisions of 9903.201–2(b) and elects to do 

so, the offeror shall indicate by checking the 

box below. Checking the box below shall 

mean that the resultant contract is subject to 

the Disclosure and Consistency of Cost 

Accounting Practices clause in lieu of the 

Cost Accounting Standards clause. 

The offeror hereby claims an exemption 

from the Cost Accounting Standards clause 

under the provisions of 9903.201–2(b) and 

certifies that the offeror is eligible for use of 

the Disclosure and Consistency of Cost 

Accounting Practices clause because during 

the cost accounting period immediately 

preceding the period in which this proposal 

was submitted, the offeror received less than 

$56.5 million in awards of CAS-covered 

prime contracts and subcontracts. The offeror 

further certifies that if such status changes 

before an award resulting from this proposal, 

the offeror will advise the Contracting Officer 

immediately. 

Caution: An offeror may not claim the 

above eligibility for modified contract 

coverage if this proposal is expected to result 

in the award of a CAS-covered contract of 

$56.5 million or more or if, during its current 

cost accounting period, the offeror has been 

awarded a single CAS-covered prime contract 

or subcontract of $56.5 million or more. 

* * * * * 

7. Section 9903.201–4 is amended by 

revising: 

A. The clause heading in paragraph 

(a)(2); 

B. Paragraph (d) of the clause in 

paragraph (a); 

C. Paragraph (c)(1); 

D. The clause heading in paragraph 

(c)(2); 

E. Paragraph (d)(2) of the clause in 

paragraph (c); 

F. The clause heading in paragraph 

(e)(2); and 

G. Paragraph (d) introductory text and 

(d)(2) of the clause in paragraph (e). 

The revisions read as follows: 

9903.201–4 Contract clauses. 

(a) * * * 

(2) * * * 

Cost Accounting Standards (October 2005) 

* * * * * 

(d) The contractor shall include in all 

negotiated subcontracts which the Contractor 

enters into, the substance of this clause, 

except paragraph (b), and shall require such 

inclusion in all other subcontracts, of any 

tier, including the obligation to comply with 

all CAS in effect on the subcontractor’s 

award date or if the subcontractor has 

submitted cost or pricing data, on the date of 

final agreement on price as shown on the 

subcontractor’s signed Certificate of Current 

Cost or Pricing Data. If the subcontract is 

awarded to a business unit which pursuant 

to 9903.201–2 is subject to other types of 

CAS coverage, the substance of the 

applicable clause set forth in 9903.201–4 

shall be inserted. This requirement shall 

apply only to negotiated subcontracts in 

excess of $550,000, except that the 

requirement shall not apply to negotiated 

subcontracts otherwise exempt from the 

requirement to include a CAS clause as 

specified in 9903.201–1. 

(End of Clause) 

* * * * * 

(c) Disclosure and Consistency of Cost 

Accounting Practices. (1) The 

contracting officer shall insert the clause 

set forth below, Disclosure and 

Consistency of Cost Accounting 

Practices, in negotiated contracts when 

the contract amount is over $550,000 

but less than $56.5 million, and the 

offeror certifies it is eligible for and 

elects to use modified CAS coverage 

(see 9903.201–2, unless the clause 

prescribed in paragraph (d) of this 

subsection is used). 

(2) * * * 

Disclosure and Consistency of Cost 

Accounting Practices (October 2005) 

* * * * * 

(d) * * * 

(2) This requirement shall apply only to 

negotiated subcontracts in excess of 

$550,000. 

* * * * * 

(e) Cost Accounting Standards—

Educational Institutions. * * * 

(2) * * * 

Cost Accounting Standards—Educational 

Institution (October 2005) 

* * * * * 

(d) The Contractor shall include in all 

negotiated subcontracts which the Contractor 

enters into, the substance of this clause, 

except paragraph (b), and shall require such 

inclusion in all other subcontracts, of any 

tier, including the obligation to comply with 

all applicable CAS in effect on the 

subcontractor’s award date or if the 

subcontractor has submitted cost or pricing 

data, on the date of final agreement on price 

as shown on the subcontractor’s signed 

Certificate of Current Cost or Pricing Data, 

except that: 

(1) * * * 

(2) This requirement shall apply only to 

negotiated subcontracts in excess of 

$550,000. 

* * * * * 

8. Section 9903.201–5 is amended by 

revising paragraph (a) to read as follows: 

9903.201–5 Waiver. 

(a) The head of an executive agency 

may waive the applicability of the Cost 

Accounting Standards for a contract or 

subcontract with a value of less than 

$17 million, if that official determines, 

in writing, that the business unit of the 

contractor or subcontractor that will 

perform the work: 

(1) Is primarily engaged in the sale of 

commercial items; and 

(2) Would not otherwise be subject to 

the Cost Accounting Standards under 

this Chapter. 

* * * * * 

9903.202 Disclosure requirements. 

9. Section 9903–202–1 is amended by 

revising (b)(1) and (2); (c); and (f)(2)(i), 

(ii), and (iii) to read as follows: 

9903.202–1 General requirements. 

* * * * * 

(b) Completed Disclosure Statements 

are required in the following 

circumstances: 

(1) Any business unit that is selected 

to receive a CAS-covered contract or 

subcontract of $56.5 million or more 

shall submit a Disclosure Statement 

before award. 

(2) Any company which, together 

with its segments, received net awards 

of negotiated prime contracts and 

subcontracts subject to CAS totaling 

$56.5 million or more in its most recent 

cost accounting period, must submit a 

Disclosure Statement before award of its 

first CAS-covered contract in the 

immediately following cost accounting 

period. However, if the first CAScovered contract is received within 90 

days of the start of the cost accounting 

period, the contractor is not required to 

file until the end of 90 days. 

(c) When a Disclosure Statement is 

required, a separate Disclosure 

Statement must be submitted for each 

segment whose costs included in the 

total price of any CAS-covered contract 

or subcontract exceed $550,000, unless: 

(1) The contract or subcontract is of 

the type or value exempted by 

9903.201–1 or 

(2) In the most recently completed 

cost accounting period the segment’s 

CAS-covered awards are less than 30 

percent of total segment sales for the 

period and less than $11.5 million. 

* * * * * 

(f) Educational institutions-disclosure 

requirements. 

(1) * * * 

(2) * * * 

(i) Any business unit of an 

educational institution that is selected 

to receive a CAS-covered contract or 

subcontract in excess of $550,000 and is 

part of a college or university location 

73426 Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Proposed Rules 

listed in Exhibit A of Office of 

Management and Budget (OMB) 

Circular A–21 shall submit a Disclosure 

Statement before award. A Disclosure 

Statement is not required, however, if 

the listed entity can demonstrate that 

the net amount of Federal contract and 

financial assistance awards received 

during its immediately preceding cost 

accounting period was less than $28.5 

million. 

(ii) Any business unit that is selected 

to receive a CAS-covered contract or 

subcontract of $28.5 million or more 

shall submit a Disclosure Statement 

before award. 

(iii) Any educational institution 

which, together with its segments, 

received net awards of negotiated prime 

contracts and subcontracts subject to 

CAS totaling $28.5 million or more in 

its most recent cost accounting period, 

of which, at least one award exceeded 

$1 million, must submit a Disclosure 

Statement before award of its first CAScovered contract in the immediately 

following cost accounting period. 

However, if the first CAS-covered 

contract is received within 90 days of 

the start of the cost accounting period, 

the institution is not required to file 

until the end of 90 days. 

* * * * * 

[FR Doc. 05–23647 Filed 12–9–05; 8:45 am] 

BILLING CODE 3110–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

[Docket No. 051110296–5296–01; I.D. 

102405A] 

RIN 0648–AU02 

Protecting Spinner Dolphins in the 

Main Hawaiian Islands From Human 

Activities that Cause ‘‘Take,’’ as 

Defined in the Marine Mammal 

Protection Act and Its Implementing 

Regulations, or To Otherwise 

Adversely Affect the Dolphins 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: NMFS is considering whether 

to propose regulations to protect wild 

spinner dolphins (Stenella longirostris) 

in the main Hawaiian Islands from 

‘‘take,’’ as defined in the Marine 

Mammal Protection Act (MMPA) and its 

implementing regulations, or to 

otherwise adversely affect the dolphins. 

The scope of this advance notice of 

proposed rulemaking (ANPR) 

encompasses the activities of any person 

or conveyance that may result in the 

unauthorized taking of spinner dolphins 

and/or that may diminish the value to 

the dolphins of habitat routinely used 

by them for resting and/or that may 

cause detrimental individual-level and 

population-level impacts. The proposed 

regulation would apply only to the main 

Hawaiian Islands and only to spinner 

dolphins. NMFS requests comments on 

whether—and if so, what type of—

conservation measures, regulations, and, 

if necessary, other measures would be 

appropriate to protect spinner dolphins 

in the main Hawaiian Islands from the 

effects of these activities. 

DATES: Comments must be received at 

the appropriate address (see ADDRESSES) 

no later than January 11, 2006. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: 0648–

AU02.NOA@noaa.gov. Include in the 

subject line the following document 

identifier: 0648–AU02–NOA. 

• Federal e-rulemaking Portal: http:// 

www.regulations.gov. 

• Mail: Marine Mammal Branch 

Chief, Protected Resources Division, 

Pacific Islands Regional Office, National 

Marine Fisheries Service, 1601 

Kapiolani Boulevard, Suite 1110, 

Honolulu, HI 96814. 

FOR FURTHER INFORMATION CONTACT: 

Chris Yates or Jennifer Sepez, Pacific 

Islands Regional Office, 808–944–2105; 

or Trevor Spradlin, Office of Protected 

Resources, 301–713–2322. 

SUPPLEMENTARY INFORMATION: 

Background 

Viewing wild marine mammals in 

Hawaii is a popular recreational activity 

for both tourists and residents alike. In 

the past, most recreational viewing 

focused on humpback whales 

(Megaptera novaeangliae) during the 

winter months when the whales migrate 

from their feeding grounds off the coast 

of Alaska to Hawaii’s warm and 

protected waters to breed and calve. 

However, in recent years, recreational 

activities have increasingly focused on 

viewing small cetaceans, with a 

particular emphasis on spinner 

dolphins (Stenella longirostris), which 

are routinely found close to shore in 

shallow coves and bays and other areas 

throughout the main Hawaiian Islands. 

NMFS is concerned that some of these 

activities cause unauthorized taking of 

dolphins, diminish the value to the 

dolphins of habitat routinely used by 

them for resting, and cause detrimental 

individual-level and population-level 

impacts. 

The biology and behavior of Hawaiian 

spinner dolphins has been well 

documented in the scientific literature. 

Hawaiian spinner dolphins are 

identified as a race of Pacific spinner 

dolphins found in and around the 

Hawaiian Islands, including both the 

main Islands of Hawaii and the 

Northwestern Hawaiian Islands (Norris 

et al. 1994, page 17). Hawaiian spinner 

dolphins routinely utilize shallow coves 

and bays and other areas close to shore 

during the day to rest, care for their 

young and avoid predators before 

traveling to deeper water at night to 

hunt for food (Wu ̈rsig et al. 1994, Norris 

1994). As the dolphins begin or end 

their resting period, they engage in 

aerial spinning and leaping behaviors 

that are noticeable from shore (Wu ̈rsig et 

al. 1994). However, when they are in a 

period of deep rest, their behavior 

consists of synchronous dives and 

extended periods swimming in quiet 

formation along the shallow bottom 

(see: Norris and Dohl 1980, Norris et al. 

1985, Wells and Norris 1994, Wu ̈rsig et 

al. 1994). 

Scientific research studies have 

documented human disturbance of 

Hawaiian spinner dolphins during their 

resting periods along the west coast of 

the Big Island of Hawaii, most notably 

in and around Kealakekua Bay. Norris 

and Dohl (1980) noted that ‘‘cruise 

boats’’ would seek out and run through 

groups of spinner dolphins during an 

initial study of the dolphins in 1970, 

and in follow up research, Norris et al. 

(1985) found that spinner dolphins were 

particularly sensitive to disturbance 

during the early stage of their entry into 

the bay. Forest (2001) compared 

sightings records of spinner dolphins in 

Kealakekua Bay from 1979–1980 and 

1993–1994, and found that the dolphins 

were utilizing the bay and engaging in 

aerial behaviors less frequently than 

before, and suggested increasing human 

disturbance as a cause. Courbis (2004) 

reported high levels of vessel and 

swimmer traffic in Kealakekua Bay and 

neighboring Honaunau Bay and 

Kauhako Bay, and found that spinner 

dolphins exhibited decreased aerial 

activity during their entry and exit into 

Kealakekua Bay when compared to 

previous studies, as well as increased 

aerial activity during mid-day when 

dolphins typically rest. Spinner 

dolphins in Kealakekua Bay also 

appeared to have shifted their preferred 

resting area in response to vessel and 

swimmer presence. In Kauhako Bay, 

dolphins were documented avoiding 

swimmers and leaving the bay in