CRHB-022 : A critically endangered Hawksbill turtle has been recorded 13 times. Photo: Supplied / Adventure Cook Islands
A New Zealand man died in Avaavaroa Passage last December when he went out snorkelling by himself.
The majority of turtle tour operators in the Cook Islands have now agreed to new safety and environmental standards.
But Josh Utanga, who owns Snorkel Cook Islands, said the new agreement does not go far enough.
"My main point is the use of boats in that skinny channel (Avaavaroa Passage). At the moment, there's only three operators using the boats but let's think proactively here, what's stopping 15 operators using the boats," Utanga said.
"Boats are in such close proximity to bathing swimmers in the water, I know in Australia and New Zealand you're not allowed within 60 metres of a bathing swimmer unless you're a rescue craft, such as an IRB (inflatable rescue boat) or a jet ski.
"There's been too many times where they're whistling and yelling at swimmers in the water to move out of the way so they can quickly taxi their guests in which is not the right protocol, because the bathing swimmer in the water always has right away over a motorboat."
The new agreement is a memorandum of understanding (MOU) with Cook Islands Tourism and is not legally binding.
Avaavaroa passage where the 50-year old New Zealand man died. Photo: Cook Islands News
Cook Islands Tourism director of destination development Brad Kriner previously told RNZ Pacific the MOU is a code of conduct that gives signees the ability to hold themselves and competitors to account.
One of the safety standards in the MOU requires operators to have one guide for every four guests in the water.
Kriner told RNZ Pacific Snorkel Cook Islands did not sign the MOU because its business model allowed customers to self-guide - which did not fit in the guide to guest ratio.
Utanga said Kriner's claim was "totally incorrect".
"Our business model we can actually fit in with the whole MOU, one to four and everything."
Utanga said he was "all about the health and safety" but said the one thing he cannot guarantee for his customers is external risks caused by how other operators run their tours.
He said there needed to be a lifeguard service at Avaavaroa Passage and current signs telling people not to swim was "not good enough".
"These signs have lost their significance because the tourists are looking and there's like 15 operators all going out there sort of undermining the significance of the signs.
"They (tourists) are catching on and going 'there's all these people out there and you know the operators really don't have much better swimming ability than me'."
