Be Wary of Whales!

Boaters, did you know the law protects whales? As such, they cannot be approached or disturbed by anyone out on the water.

While we crane our necks to see the beautiful and the unusual creatures on the water, they are not to be disturbed in any way. Whales and other creatures in U.S. coastal waters are protected by the Endangered Species Act, and whales, dolphins, porpoises, seals, and sea lions are protected by the Marine Mammal Protection Act. These laws help protect marine mammals and sea turtles from harm, including having their natural activities interrupted by humans.

The National Oceanic and Atmospheric Administration (NOAA) Fisheries division works to stop negligent and deliberate disruptions, destruction, and death of federally protected species. If your behavior changes the creature’s behavior, that may

be considered harassment no matter how innocent your intentions.

Following safe viewing guidelines helps you protect the creatures, obey the law, and avoid thousands of dollars in penalties. Viewing protections vary by region, state, and species; it’s the skipper’s obligation to know all applicable rules before boating in coastal waters (link below).

How much space between vessel and creature depends on the animal(s) you encounter. North Atlantic right whales require a distance of 500 yards; other whales require anywhere between 100-600 feet. Seals, dolphins, and sea turtles must be at least

150 feet away from your boat.

Be cautious in areas where you think sea creatures might be. Appoint a spotter to keep a close watch for signs, including splashes, bubbles, spouts, ripples or other disturbances at the water’s surface, masses of jellyfish and/or bunches of sea birds in one area. If the spotter alerts you to signs, slow your vessel way down. If you spot an animal, give way and proceed at no-wake speed until you or the creature is safely outside the required distance.

Chasing a sea animal is prohibited. So is feeding them, as it increases their risk of injury or illness and can cause aggression. The same applies to selfies, which can imperil you and scare a sea animal. Instead, stay outside the protection zone and use your zoom or a telephoto lens to capture the creature’s most natural behaviors. NOAA notes: “For whales, the further away you are, the better you can capture the full size of the animal.”

The law also prohibits you from using drones within 1,500 feet of right whales and 1,000 feet of other marine mammals and sea turtles — the shadows and noise from drones can be disruptive and scary.

If you spot an endangered, stranded, or sick whale, call the New York State Stranding 24-hour hotline at 631-369-9829 or NOAA at (866) 755-6622 in the mid-Atlantic area. For other numbers, see https://www.fisheries.noaa.gov/report. NOAA also has a Dolphin and Whale 911 app to report a stranded marine mammal.

To report harassment, hail the U.S. Coast Guard on VHF channel 16.

Sites of interest: