Whales are protected by law in South Africa and the distance to stay away from a whale is 300 metres.


Concerned residents turned to the Overberg Whale and Dolphin WhatsApp group after seeing two boats get too close to the whales.

“I watched two boats go extremely close to the whales on Saturday, driving them away – this is not good practice – it disturbs the whales and interferes with the land-based whale watching that Hermanus is known for. I do not normally complain on public forums, but if there is anyone here from or connected to the whale boat industry, please take heed,” the user said on the WhatsApp group.

The former researcher of the Mammal Research Institute and admin on this WhatsApp Group, Meredith Thornton, said on 2 September: “As the whale season is now underway I would like to remind everyone that whales are protected by law in South Africa. The National Environmental Management Biodiversity Act: Threatened or Protected Marine Species regulations stipulate that the distance to stay away from a whale is 300 metres (985 ft) which applies both at sea and in the air. This means motorised and unmotorised vessels, drones, microlights, helicopters and aeroplanes.”

According to her these regulations are in line with international norms and are there to protect our biodiversity, ensuring that we will have whales visiting our shores for many years to come.

“There are exceptions but only if someone is in possession of a filming or research permit. Boat-based whale-watching permits allow vessels to approach slowly to a distance of 50 m and if the whale chooses to approach the boat closer at this point then it is acceptable. The vessel may not use the wind to drift closer to the whale.”. If you think that someone is breaking the law contact the local Monitoring, Control and Surveillance office (Department of Environment, Forestry and Fisheries) at 028 312 2609 or send and email to envirocrime@DFFE.gov.za.

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