Provincetown Center for Coastal Studies | PCCS Enraged at Incidents of Whale Harassment

(Provincetown, Cape Cod, MA) - A small recreational boat with six people aboard including two children motors directly into the path of feeding humpback whales and came within arm's reach of hitting the animal. In a separate incident, to get a better view, a large sport-fishing craft carrying no fewer than 30 people backs its propeller in near a patch of feeding humpback whales. In yet another episode of whale harassment, four men in a small motor boat nearly strike a humpback whale and come so close to the whale they could almost touch it.

Marine educators at the Provincetown Center for Coastal Studies (PCCS) recorded these three examples of whale harassment on August 9 alone during regularly scheduled whale watches aboard Portuguese Princess Excursions, with about a dozen more reports filed so far throughout the summer. NOAA Fisheries Service receives copies of PCCS reports.

Under the federal Marine Mammal Protection Act (MMPA), it is illegal to "harass, hunt, capture or kill" any marine mammal. Humpback whales are an endangered species protected under the Endangered Species Act as well. "The federal regulations against whale harassment are clear and their abuses should not be tolerated," says Peter Borrelli, executive director at PCCS. "Recreational boaters have a responsibility to know these rules," Borrelli added.

Motoring at fast speeds around whales and coming way too close to these cetaceans comprise the bulk of the reports. PCCS Marine Educators have documented cases of whale harassment particularly during times when humpback whales 'bubble feed,' or emit bubbles to concentrate prey. Humpbacks rise to the surface feeding with their mouths open wide and are vulnerable to vessels and their propellers. Bubble feeding is an engaging behavior, and a favorite sighting on commercial whale watches, but getting too close to feeding humpbacks, which can grow to 40 tons, endangers not only the mammals but humans as well.

Mariners should report whale harassment incidents to NOAA's Enforcement Hotline: 800.853.1964. Fines and civil penalties of up to $10,000, or criminal penalties up to $20,000, may result in convictions under the Marine Mammal Protection Act, including imprisonment and the seizure of a vessel. Violating the Endangered Species Act could result in fines or penalties up to $25,000, or criminal penalties up to $50,000, plus imprisonment and the seizure of the recreational boat.

"Any approach that alters the natural behavior of the animals may be classified as harassment," says Todd Dubois, a deputy special agent in charge for the Northeast enforcement division of NOAA Fisheries Service. "Boaters should maintain a safe distance from the whales and view the animals with caution and respect," he added.

From spring to fall humpback whales frequent waters on Stellwagen Bank, Jeffreys Ledge and the coasts of Maine, Massachusetts and New Hampshire. Humpbacks grow to 55 feet in length and weigh up to 40 tons.

2 miles - 1 mile away:
* Reduce speed to 13 knots;
* Post a dedicated lookout to assist the vessel operator in monitoring the location of all marine mammals;
* Avoid sudden changes in speed and direction;
* Aircraft should maintain a minimum altitude of 1,000 feet over water.

1 mile - ½ mile away:
* Reduce speed to 10 knots.

½ mile or less:
* Reduce speed to 7 knots;
* Maneuver to avoid head-on approach;

600 feet or closer:
* Parallel the course and speed of moving whales up to the designated speed limit within that distance;
* Do not attempt a head-on approach to the whale;
* Approach and leave stationary whales at no more than idle or 'no wake' speed, not to exceed 7 knots;
* Do not intentionally drift down on whales;
* Vessels in multi-vessel approaches should maintain communication with each other (via channels 9, 13, or 16 for hailing) to coordinate viewing.

Between 300 and 600 feet away, no more than two vessels are permitted near the whales. At 100 to 300 feet away from a whale, only one vessel is permitted, with up to two others in the so-called Stand-by Zone, which is 300 to 600 feet away.

PCCS Reports Incidents of Whale Harassment by Recreational Boaters