Ethical Considerations in Swimming with Whales

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In September 2013, we went whale-swimming in Ha’apai, The Kingdom of Tonga. During that paddling together with the whales in the Pacific Ocean, in the whales’ own home, a question arose: Is this right? Overwhelming feelings about the beauty and wildness of these animals were mixed with a desire to experience something uncommon, to capture something exceptional. What we felt seemed somehow important and added a layer to the meaning of our lives. We were in a directly emotional conversation with thinking, sensitive, cultural whales. However, during the fall, a new law proposal was discussed in The Kingdom of Tonga in order to regulate the whale-watching industry officially for the first time. The conflict found between the serene whale moments and the public debates caught our interest. Later works in whale tourism throughout the world describe the similar conflicting dilemma: how do we handle the experience of swimming with the whales and protecting the welfare and the freedom of the whales at the same time?

Swimming with whales is rapidly increasing in popularity around the world. However, very few studies exist on the ethical implications of such activities. We decided to investigate the meanings and motivations that whale-swimmers themselves attribute to the activity and its ethical implications. Whale-swimming, as a type of wildlife tourism, creates an interaction between two sentient beings in the animals’ home. We considered various questions, such as: How does this affect the moral evaluation of whale-swimming? What is more important when embarking on an activity like this, the whales themselves or our own experience? Not all differences can be solved by stronger laws since the debate is not only about what should be allowed, but also about what is right. The emotional experiences gained while swimming with the whales can add layers of meaning to our lives, and this in itself is of value.

The Importance of Ethical Guidelines

As such, the development of physical and geographic guidelines to protect highly sensitive marine species is a crucial and growing concern as new interests and opportunities evolve. This interest is not too far removed from the issues and concerns of animal rights and welfare groups. There is a new and growing body of evidence that sound human-wildlife interaction and viewing guidelines can provide substantial biological and other benefits. It is against this backdrop that we present guidelines for people who interact with one of the most charismatic marine megafauna species on Earth to observe and photograph them. What may have been seen as a niche endeavor by a few marine enthusiasts as recently as twenty years ago has grown exponentially to become a boom industry involving thousands and touching the desires of millions of people all around the world.

Incidents of close interactions with marine wildlife have increased as tourism opportunities grow. In the past ten years, an average annual growth rate of 7.3% has meant marine tourism is now a multi-billion dollar industry. However, growth must not come at the expense of wildlife. The development and implementation of codes of conduct and other guidelines are critical endeavors to enable people to interact with wildlife without significantly altering the behavior of or causing harm to the animals in question. Furthermore, guidelines should contribute to enhancing understanding of the animals and ensuring they are treated respectfully. The tide of opinion is indeed moving toward more regulation and oversight. Increased education and better tourism management may lead to enhanced ethical standards, but making the guidelines more robust and increasingly more proactive is the real key to ensuring sustainability in the future.

Understanding Whale Behavior

It is amazing to me that everyone who sees a wild whale believes that it is a healthy whale. Even I was naive enough to think that any whale I saw on a beautiful sunny day was better off than any other life form on the planet. The truth is disease and poor health in whales that share our environment can be present but not always apparent. I have come to respect illness and disease in the wild as a natural consequence of living a life surviving and reproducing in an environment the human race created. Wildlife resources can be abundant and healthful, but they can also be toxic. We must always remember that the natural history of whales, wild or otherwise, is an important aspect of the health status of an animal. Reluctance to offer the wildlife this respect may lead to an animal severely compromised and even dead as a result of the encounter.

The fact is that nobody really knows what goes on in a whale’s life. We can only guess from a few observations and remaining fossil records. Hunting has, for the most part, been destructive to our understanding of whales. We do have some data on migration, reproduction, and birth seasons. Swim programs have revealed certain behaviors associated with resting and respiratory activities, and types of vocalizations. Certain behavioral cues have been learned and guidelines established for the safety of the participant and the welfare of the whale. But how well the health of a whale can be determined during an encounter that may last only a short time is debatable.

Regulations and Laws Governing Whale Interactions

Regulatory agencies such as the NOAA are responsible for the management and protection of marine mammals. Recognizing environmental changes and appearing contentment play an essential role in assessing when commercial and recreational activities are affecting marine mammals. Since ecstatic behaviors are free from disturbances, a low frequency of schedule interactions with marine mammals could be a suggested protective measurement when the population is being affected. Enforcement possibly could increase if specific citizen scientists groups are helping to study behaviors when the experience is themselves and natural. In safety around distance, the following summary lists minimum distance recommendations for any motorized or non-motorized vessel when marine mammals are present. You can’t wait for that once-in-a-lifetime experience to let you lose your respect for the law. Regulations are available to everyone, but it requires each individual to have honesty and respect in following them. Is there a high risk of whales being hit by deterring masks because they can’t hear us?

Evaluating the many issues related to coastal and in-water activities involving marine mammals is a popular research topic, and government agencies are providing regulations and laws for different states and nations. In the United States, the Congress passed the Marine Mammal Protection Act (MMPA) in 1972 to ensure the protection of marine mammals and recognizes that some of these marine mammals can have a direct effect on the fishery industry. In 2007, the MMPA was amended to allow NOAA-led projects or permits for monitoring the feeding, breeding, prey capturing, nursing, or calving activities while swimming with humpback whales in Hawaiian waters under specified conditions. They found non-invasive behaviors result as compared to impacts caused by commercial and recreational operations.

Best Practices for Responsible Whale Watching

Animal protection organizations that do question the ethics of swimming with whales include the Whale and Dolphin Conservation and the Humane Society International. Both organizations are based in the United Kingdom and believe that humans taking part in close interactions with whales and dolphins is invasive and can disrupt these animals that are often, if not always, forced and not able to get away from these different contacts. To ensure the non-local preying and long-term repopulation of coastal wildlife species, a research study found that developing ecotourism for small groups of people to respectfully view coastal animals from a distance will optimize local revenue. This project was part of a pilot location case study in Tanzania and was specifically designed for humpback whales nearby the federation coast to emphasize the fact positive lessons can be drawn for both MSCs and conservation vehicles when responsible tourist operations can start before resident animals in the area decide to start having offspring.

In order to make whale watching a positive experience for whales and people, ensuring both a principled and an enjoyable experience contingent on viewing these animals in a respectful and responsible manner, the World Cetacean Alliance offers some general best practices for responsible whale watching that indirectly address the issue of swimming with whales. They recommend that those involved in this activity screen for potential harm, reduce exposure, keep a safe distance, kill no animals, be considerate, respect the water, fill awareness gaps, think global, and influence other mitigative actions. This organization also offers additional, more specific guidelines on responsible whale watching in areas where swimming and snorkeling with these animals are culturally accepted or already occurring. Although they may question the ethics of these extra activities, they choose to provide education on responsible practices for those who still choose to engage in these behaviors.