Unless you're fishing for them, the feeding of sharks is now illegal in both state and federal waters around Hawai'i.

The state made such activities, which are generally associated with efforts to attract them for paid viewing by tourists, unlawful in 2002. The federal government banned the activity this year with the passage of the reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act, making it illegal to use food to attract sharks "for any other purpose than to harvest sharks . . ."

Nevertheless, there may still be some feeding going on in connection with swim-with-sharks programs off the North Shore of O'ahu.

Joe Pavsek of North Shore Shark Adventures said he doesn't need to feed sharks, but he would not state outright that he doesn't do it. His is one of two swim-with-sharks business there. He referred a reporter to marine biologist John Naughton, of the National Marine Fisheries Service, who sometimes goes out on Pavsek's shark swimming boats to identify the kinds of sharks that are found there. They are primarily galapagos and sandbar sharks, he said.

Naughton said the shark swimming programs take advantage of an existing accumulation of sharks brought around by a white crab fishery that dumps old bait and bycatch over the side after hauling up fishing gear.

"The sharks are attracted to the sound of the boats," Naughton said.

Naughton said he has seen the operators release a small amount of "palu," or fish bait, to bring the existing sharks a little closer to a cage from which snorkelers watch the animals, although he doesn't feel they need to do it. There are plenty of sharks around.

"I don't know that there's much impact. There are 'opelu fishermen and others all around dumping palu to catch fish," he said. Naughton said the crews on board provide a valuable community service by providing visitors with accurate information about sharks, and the tour operators are cooperating with local shark scientists on research projects.

State Department of Land and Natural Resources director Peter Young said the issue for him is that a fed animal's behavior is changed.

"You shouldn't feed wildlife," Young said. "Swimming with them is not illegal, but feeding them is."

Young said his staff recently has found the shark operations just outside the three-mile limit of state jurisdiction. But with the new federal feeding ban, the businesses can expect more scrutiny.

If you have a question or concern about the Hawaiian environment, drop a note to Jan TenBruggencate at P.O. Box 524, Lihu'e, HI 96766 or jant@honoluluadvertiser.com. Or call him at (808) 245-3074.