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Hearing to set
date for whale
foundation trial

The nonprofit group is
accused of conducting
research without a permit

By Gary T. Kubota
Maui correspondent

WAILUKU -- A nonprofit group that conducts whale-watching tours and research is scheduled to appear Tuesday in Maui Circuit Court on 91 misdemeanor charges.

The Pacific Whale Foundation pleaded not guilty in District Court earlier this year. The hearing on Tuesday is to set a date for a jury trial.

"We're innocent of all these administrative allegations, and we prefer to resolve this matter in the court rather than the newspaper," said foundation president Greg Kaufman.

Conservation enforcement official Randy Awo said the charges arise from the foundation allegedly conducting research without a state permit between Jan. 4 and Feb. 2, 1998.

Awo said the charges are similar to allegations put forth by a federal agency in a civil lawsuit last year.

The seven charges by the National Oceanic and Atmospheric Administration include failure to maintain records, and failing to report approaches to whales within 100 yards of a research vessel in January and February 1998.

Federal law prohibits anyone from approaching within 100 yards of a humpback unless they have a research permit.

In an interview following the filing of the federal charges, Kaufman said his group has had research permits in the past and that the alleged violations stemmed from a single employee failing to maintain records.

Federal attorney Paul Ortiz said the foundation would not lose its research permit as a result of the violations, but the government was interested in payment of a civil penalty.

Ortiz said the group could face between $13,000 and $189,000 in fines for the seven alleged violations.

Under state law, a misdemeanor conviction carries a maximum penalty of $2,000 and up to a year in jail.