BE IT ORDAINED BY THE PEOPLE OF THE COUNTY OF MAUI:
SECTION 1. Findings and purpose. The Council finds that cetaceans (dolphins and whales) are highly intelligent -- and highly sensitive -- marine mammals.
The Council further finds the presence of cetaceans in the Pacific Ocean
surrounding Maui County provides many cultural, spiritual, and economic
benefits to the County's residents. The Council also finds that the
exhibition of captive cetaceans leads to distressful living conditions for these animals. Therefore, the purpose of this ordinance is to prohibit the
exhibition of captive cetaceans (dolphins and whales).
SECTION 2. Title 6, Maui County Code, is amended to add a new chapter to read as follows:
Chapter 6.01
PROHIBITING THE EXHIBITION OF CAPTIVE CETACEANS
6.01.100 Prohibition. It is unlawful to exhibit captive cetaceans (dolphins
and whales).
6.01.200 Violation--Penalty. Any person who violates this chapter shall be
guilty of a misdemeanor, and upon conviction shall be fined not more than one thousand dollars or imprisoned not more than one year or both.
SECTION 3. This ordinance shall take effect upon its approval.
The specifics of the Charter of the County of Maui (Section 4-3), states that any bill that has not been vetoed by the Mayor automatically becomes law. Therefore, on the 23rd of December, 2002, it officially became a jailable offense to exhibit captive cetaceans within the four islands of Maui County. This ban prevents the construction of the proposed dolphinarium in the Maui Nui Shopping Mall in Kihei.
Hawai'i Wildlife Fund 
Maui Tomorrow
Sierra Club, Maui Group
Pave Maui
