- Whales may leave an area permanently if continually disturbed. Cease contact at any
sign of whales, particularly mothers and calves, becoming distressed or alarmed.
- Respect the marine environment. Disposal of rubbish into the sea, particularly
plastics, can kill whales and other marine life through accidental swallowing/entanglement
etc. All vessels are to provide receptacles for rubbish collection which is to be
returned and properly disposed of on shore.
When whale watching on the water
- All vessels both private and commercial, underpower or undersail, operating within the
Vava'u group during whale-watching season must take care to remain outside a 300m radius
of a sighted whale. If a vessel finds itself within a 300m radius of a whale, the vessel
must slow to 4 knots until 300m away.
- If whales approach a vessel, the vessel must avoid sudden changes in movement until
the whales move on. When leaving a whale, vessels must move away very slowly (no wake
speed) until at least 100m away.
- Licensed operators only may either remain stationary within 300m of a whale or
approach a whale no faster than 4 knots within 300-100m of a whale.
In the caution zone
- The caution zone is 100-300 meter of a whale (refer to diagram). Only licensed
operators are allowed in the caution zone.
- No more than two licensed whale watching operator vessels may be in the caution zone
at any one time.
- As a matter of courtesy, vessels should limit their time within the caution zone if
other vessels wish to enter.
- If a licensed vessel is on its own with a whale(s) there is no time limit. However,
if a second licensed vessel arrives a one and a half hour time limit starts to apply
within the caution zone for the first vessel.
- All licensed vessels within the 300m zone should gain VHF radio contact with others.
VHF channel 74 (lowpower) is to be the VHF channel monitored by licensed vessels within
300m.
- In the event of a vessel's VHF radio not working that vessel should remain outside
the 100m caution zone.
- Dinghies, small boats, and kayaks engaged in whale watching within the 300m zone must
carry handheld VHF radios.
- Two or more kayaks within the caution zone, if belonging to the same license holder
are considered as one licensed operator.
- The caution zone moves with the whale(s). Vessels in restricted 300m area allow the
vessels who were initially in the caution zone to move with the whales by positioning
themselves away from the whale(s) if the whale(s) move closer to them.
- The licensed vessel with swimmers in the water may cautiously approach a whale up to
10m, if necessary, to pick up swimmers. The vessel should be stationary at 10m and should
never be closer than 10m.
- Vessels should approach whales from the side as opposed to directly in front or behind.
Vessels must not approach whales in the exclusion zone (refer to diagram).
- Vessels must not box whales in, cut off their path or herd or chase them.
- Vessels must minimise boat and other noise, eg. gear shifting.
Swimming with whales
- For the protection of the whales, and swimmers, it is advisable to go with a licensed
operator if you wish to swim with whales.
- Conditions that allow swimming are at the skipper's discretion.
- If there are six or more clients on board a vessel an extra crew member is to be on
board in addition to the skipper. It is recommended that Tongan staff are given
preference.
- No more than four clients plus one guide per vessel may swim with any one group of
whales at a time.
- Only one vessel may have swimmers in the water with any one group of whales at a time.
- An alpha flag is to be flown when swimmers are in the water.
- When a second vessel approaches a vessel with clients in the water, the second vessel
must remain outside the 100m zone to give safe manoeuverability to the first vessel.
- A first aid kit, 10m line and float should be onboard all vessels. It is recommended
that vessels if possible should use an attached safety line (no longer than 10 metres)
with an identification buoy.
Activities banned for interacting with whales
- The use of SCUBA equipment.
- The use of artificial light sources.
- The use of jet skis and motorised swimming aids. Jet skis must stay 2,000 metres away
when in the vicinity of whales.
Specialist interactions
- Specialists include scientific researchers and commercial filmmakers/photographers
who must obtain specialist licenses and all necessary permits from relevant government
agencies.
- When working with whales specialists must adhere to the Whale Watching Guidelines as
specified in their respective permits, and notify local operators of their presence and
intentions.
Whale watching from the air
- Aircraft (including seaplanes, microlite and light aircraft) must maintain a minimum
height of 300m from a whale.
- No aircraft may land on the water to whale watch.
- The duration of a whale encounter by aircraft is limited to five minutes or two
approaches (sweeps).
- No more than one whale watching aircraft may be within five km of the whales being
watched.
- Ban on helicopters for whale watching.
- Ban on remote control aircraft.
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