Ocean Watch

Monday, December 8, 1997

Common sense is best
in encounters with whales

Confused about what to do if a humpback whale swims up to your boat, surfboard or windsurfer? Join the club.

Several years ago, a few friends and I were sailing back to Oahu from Lanai when the wind suddenly died. It was such a glorious morning, no one wanted to start the noisy, smelly engine. Instead, we pulled down the sails and let the boat drift.

Lying back in the cockpit, my friends and I proceeded to enjoy a peaceful moment on the ocean.

A few minutes later, however, a call from a person on the aft deck startled us from our daydreams. We looked back just in time to see a full-grown humpback whale swim right up to the boat's stern, then drop down underneath. Astounded, we rushed to the bow and peered over the pulpit, waiting.

Sure, I was nervous. Here was a 40-foot-long, 80,000-pound wild animal swimming directly beneath our 37-foot-long boat. It could rise up and capsize us with little effort.

But as usual, such worry was a waste of time. A moment later, the whale surfaced directly in front of the boat, then kept going.

Either the animal had been simply checking us out or we had been in its path and it had slipped under, rather than around, the obstacle.

After that close encounter, we wondered how to interpret the law about keeping your distance from whales.

This law says that in Hawaiian waters (out to 200 miles from the main islands) you must not approach, by any means, within 100 yards of any humpback whale. Also, you must not, by any act, disrupt the normal behavior of a whale.

What does that mean, exactly? Did we violate both rules out there on our morning drift? What should we have done? What do we do in the future?

Last week, I attended a public meeting on this subject, held by representatives from the National Marine Fisheries Service and the Hawaiian Islands Humpback Whale National Marine Sanctuary.

There, I told my story. Lifeguards at the meeting told other stories. Soon, it became apparent that the list of possible scenarios is endless, the answers for each case different.

So how do law-abiding animal-lovers decide what's right when meeting humpback whales at sea?

"Intent is everything," NMFS law enforcement officer Victor Honda said. "The point is to protect the whales."

Here are some guidelines for unclear situations:

Use common sense. Remember that these wild animals are busy raising young and mating.

Don't engage your propeller if a whale is near your boat and don't shout to nearby whales. Never jump in the water to swim with passing animals.

If you spot a whale nearby, take a moment to assess the situation. Watch for awhile. See what it's doing, how it's behaving.

If the animal seems like it's staying pretty much in one place, or is heading away from you, you can approach it. If you do this, be sure to stop at least 100 yards away.

If you're within 100 yards, back off if you can do so safely, without disturbing the whale. Otherwise, stay put and be quiet.

How to judge 100 yards? A football field is 100 yards. If you don't have a sense of that distance, try this: Figure out how many boat (or board) lengths 100 yards is and use that as a guide. For my sailboat, it's about 9 boat lengths. That's close enough for excellent viewing.

Humpback whales haven't always wintered in Hawaiian waters, which leaves open a disturbing possibility: They could choose to go elsewhere. Hopefully, if we treat them with respect, these whales will continue to grace our island waters.

To report violations, call NMSF enforcement, 541-2727 or 879-3699, the U.S. Coast Guard, 541-2500, or the state's Department of Conservation Resource enforcement, 587-0077.