Study Blames Recreational Boaters : Migrating Gray Whales Face Widespread Hazing

In the first study of its kind, a Dana Point research team has documented extensive harassment of California gray whales by recreational boaters who circle, chase and, in some cases, even try to get close enough to pet the mammals.

The study, by the Orange County Marine Institute, said that in one instance, as many as 26 boats converged on a single whale, startling it into changing course and disrupting its migration.

Researchers also found that about 25% of the private boats they observed violated federal guidelines by approaching within 100 yards of a whale. Researchers also witnessed isolated cases of extreme harassment, such as when someone on a Jet-Ski gunned his engine toward a whale as it submerged and circled over the spot where it should have come up for air.

The study’s results are to be submitted within the next month to the National Marine Fisheries Service, a federal agency that enforces whale protection laws.

They will be used to help determine whether new regulations are needed to protect the more than 20,000 California gray whales that migrate from waters off the Alaskan coast to Mexico’s Baja Peninsula and back every year between January and March, said Jim Lecky, a National Marine Fisheries biologist based at Terminal Island.

The California gray whales are protected under the federal Endangered Species Act and Marine Mammal Act, which prohibits harming or harassing the animals under penalty of a maximum $20,000 fine or one year in jail.

Lecky noted, however, that the penalty is rarely invoked because it is difficult to prove someone is knowingly harassing a whale.

Although captains who conduct whale-watching tours have long complained of recreational boaters bothering the mammals, this study is the first to document the extent of the harassment, said Lecky and Harry Helling, director of education of the Orange County Marine Institute.

Further study is needed, Helling said, to determine what effect, if any, the boaters’ harassment is having on the whales’ migratory paths.

Lecky said more whales are starting to alter their migratory route along the coast and are swimming outside California’s Channel Islands.

Although the reason for these new routes has not been scientifically proved, many whale-watch boat captains say the mammals are simply trying to avoid ever-increasing numbers of whale watchers.

The study found that most boaters were ignorant of the laws.

Boaters Surveyed

The Orange County researchers surveyed 94 recreational boaters in Dana Point Harbor and found that fewer than one-third knew the correct distance from which to observe whales and only 42% realized there were guidelines for whale watching.

The surveys were conducted as part of a two-month study. It was a volunteer, cooperative effort of the Orange County Marine Institute, a nonprofit, educational facility for marine biology based at Dana Point Harbor, and Dana Wharf Sportfishing, a private boat company.

Researchers gathered data by accompanying 23 whale-watching trips out of Dana Point Harbor over eight weekends between Jan. 14 and March 11. They found that:

- The number of boats congregated around a whale or group of whales ranged widely from a minimum of two to a maximum of 26, with an average of 11.

- Sixty-nine out of 264 boats observed approached within 100 yards of whales. There were a few instances in which a boater approached close enough to touch an animal, in apparent attempts to “pet” it or take a close-up photograph.

- On 12 of the 23 whale watches, at least one recreational boat approached the whales at high speeds. In January, three young men aboard a skiff sped directly across the path of a whale, and then shot back obscene gestures when passengers aboard a whale-watch boat waved for them to slow down.

- On 15 of the whale watches, at least one boat crossed in front of the path of a migrating whale.

Researchers said the incidents not only disrupted the whales, but also disappointed people who had signed on for whale-watching tours, which they said always followed the regulations.

“I saw a lot of disbelief and anger in people’s faces when they saw what happened,” said Judy Lakin, one of four project researchers. “I just feel sorry for these whales.”

In apparent response to the nuisances, whales altered their courses on 17 of the 23 whale-watching trips, or 74% of the time. Previous studies have shown that whales begin to take evasive action, such as diving, after four boats converge.

Eddie DiRuscio, manager of the Davey’s Locker whale-watching firm in Newport Beach, said that both young and old whales swam together near shore when whale watching first became popular in Southern California 15 years ago.

Since then, he said, the younger whales generally swim close to shore while the older ones travel beyond reach of the whale-watching boats. DiRuscio said that hordes of private boats now follow the whale-watching boats.

“Most of these people who go out in private boats have little or no knowledge of whales,” DiRuscio said. “They think it’s Sea World. But you don’t just walk up to them and pet them. These are wild animals.”

DiRuscio said a boater could be injured or killed by a startled whale lashing out with its powerful tail.

What long-term harm, if any, this harassment has on whales is not clear.

Mike Bursk, a Dana Point gray whale expert who participated in the study, expressed concern about any change in an animal’s migratory habits.

20 Minutes Underwater

Submerging for long periods of time to elude pursuing boaters could harm a whale, Bursk said. The whales normally come up for air every few seconds, but can stay underwater for as long as 20 minutes.

“The animal, by itself, will breathe for whatever is biologically sufficient. When you alter that, you’re damaging it,” Bursk said.

Whales could be harmed by altering their swimming speeds when they try to shake off the pursuers. They normally swim about 5 m.p.h., he said, but have been clocked as fast as 12 m.p.h. while under pursuit. In so doing, he said, they burn up excessive amounts of energy needed for the 12,000-mile migration between the Arctic and Baja.

Finally, Bursk said, the loud noise from boat motors prevents the whales from communicating with each other, possibly causing some to become separated from their pods.

Whales cannot see well and rely almost exclusively on sound signals to keep track of each other, he said.

The Orange County Marine Institute hopes to continue its whale-watch study when the migratory season begins again next year. It is also seeking state funding to launch a large-scale educational program for Dana Point boaters. If the program is successful, institute officials hope to see it expanded statewide.

Bursk is confident that recreational boaters will observe the whale-watch guidelines if they are made aware.

“We want to monitor this each year,” Bursk said. “Ideally, we would like to go out five years from now and see no more than three or four boats per whale.”