Whale Watching in Tonga: A New Whale War?

By Capt. Gene Flipse, Conscious Breath Adventures
September 2010

The humpback whales of Tonga, arriving in the tropical waters of this South Pacific island nation to mate and breed after their long migration from the Southern Ocean, face yet another challenge. They are at the center of a simmering dispute between local whale watch operators and cruising yachtsmen which, if not addressed, runs the risk of threatening the well-being of the animals to the detriment of all.

Capt. Gene Flipse of Conscious Breath Adventures has been in Vava’u Tonga for two months of the 2010 humpback whale season. During that time he has learned a great deal about the local politics of whale watching. As an outside observer with an intimate knowledge of humpback whales, swimming with whales, cetacean-focused commercial activities and with a personal history of recreational cruising, it has been an interesting situation to follow.

The local daily morning radio show has been the near daily forum for an ongoing public debate over access to the whales.

Vava'u is a popular destination for yachtsmen.

Vava'u whale watch operator and yachtsman face off.

Tonga is one of two places on earth where swimming with humpback whales is an officially sanctioned, regulated, and permitted activity; the other is the Dominican Republic’s Silver Bank. In Vava’u there are approximately a dozen active permitted whale watch operators. Here, the term “whale watching” is used interchangeably with the term “swimming with whales”: the primary activity is to take paying passengers to snorkel with the humpback whales that gather here every July-September.

Vava’u is also a cruising yachtmen’s paradise, a collection of some 40 tropical islands that offer scenic beauty and easy sailing between idyllic anchorages, along with the chance to see the humpback whales. There are cruisers in Vava’u all year but certainly there are more here during the whale season. Local authorities report that some 400+ yachts pass through the islands each year.

Every morning there is a well organized cruiser’s information network radio broadcast, coordinated by a moderator, which shares weather info, contacts, support, problem resolution, etc. It is the local daily morning radio show everyone listens to and in which the audience provides the content, and has been the near daily forum for an ongoing public debate.

The dispute is over access to the whales. There are a small number of cruisers who are engaging in whale watching (swimming with whales) recreationally and who have reportedly had run-ins with one or more local operators who are trying to tell them that they are not allowed to do so. In turn there have been a small number of operators engaged with whales who have had cruisers interfere with their ongoing activities.

The whale watch operators pay fees and are issued permits to engage in the activity. Their guests pay US$140-$200 +/- for a 6-8 hour day trip. Operators may only have 4 swimmers plus a guide in the water at a time, but some will carry up to 8 guests who take turns in the water. With 12 operators, whale watching is big business during its three month season.

The Tonga Whale Watching Operators Association has created official guidelines for watching whales in the Kingdom of Tonga, which are readily available to yachtsmen at public venues throughout the harbor town of Nieafu. The guidelines govern the activities of commercial whale watch operators and private boaters with respect to their interactions with the whales.

But now there is an acrimonious debate about what the rules actually say. A few outspoken yachtsmen are arguing that there is no specific law that prohibits recreational whale swimming from private vessels, and they are using letters from government officials in support of their position. They are saying that while there are indeed “guidelines” these are not actually written into law, so they are therefore voluntary and no one has any authority to dictate the behavior of others based on guidelines only.

A Pandora’s box has been opened with the two sides at odds. On the one side is the valuable commercial whale watch industry and on the other is the economically important fleet of cruisers who come to see the whales, too. Stuck in the middle are the actual whales, whose welfare is, thankfully, acknowledged in the debate.

The operators argue that yachtsmen – perhaps lacking in knowledge and experience around whales - may unintentionally harass them or run the danger of personal injury or injury to a whale, risking shut down of the entire industry. They urge all yachtsmen to utilize the services of experienced operators to ensure that these situations do not occur.

There are laws in place that prohibit cruisers from interfering with an operator engaged in the activity of whale watching, but at dispute is whether an operator has the right to tell a yacht interacting with a whale to move away. From what has been learned from the radio debates, incredibly, there are no laws that prohibit private boaters from swimming with whales. There are also no laws that give whale watch operators the right to intervene if boaters do so.

What results is, as described on radio interactions, is “the worst of all possible worlds”. With no law regulating the general public swimming with whales there is the potential for a “wild west” situation, a “free for all” that has the risk of serious consequences in the event of an accident. Official regulations are required as soon as possible before the problems becomes manifest. The situation is bad, the mood is ugly, and it could get worse. Interested readers may consider the complete recordings of the radio broadcast debates by listening to Part 1, Part 2, & Part 3.

Some of the yachtsmen feel that they are being marginalized and argue that the whale watch operators engage in harassing behavior both toward them and the whales as a result of the “terrific economic pressure” that operators are under to provide value to their guests. 2010 has been a slower than average whale season in Vava’u and it has been observed that when a whale is seen, if there is a single operator present a second will likely arrive soon. It is not unusual for one whale to have more than one operator working it in turn, following agreed upon protocols. The operators deny succumbing to economic pressure but it is also worth noting that some offer a whale watch guarantee: if guests don’t see a whale, they can go again later free of charge.

Both sides argue their economic value to the local economy. It has been reported on the cruiser’s net that yachts bring in around US$2,000,000 a year to Vava’u, approximately 30%-40% of the tourism economy. A considered guess is that whale watch tourism contributions are equal or greater; there is no clear winner. Visiting Vava’u is not cheap. Cruisers come in their own boats and live aboard, shop at the markets and mostly dine aboard, visiting restaurants and bars occasionally; but they also tend to stay for weeks or months. Tourists will fly in, stay exclusively in hotels or at resorts and eat at restaurants three meals a day for one or maybe two weeks. Cruisers tend to be budget minded and frugal, economizing for the long run; while tourists generally come with discretionary funds that they spend before leaving. It is the difference between filling a bucket from a dripping faucet versus a fire hose. In both cases the bucket is filled, one just happens much faster than the other.

After considering the disparate points of view, these are the opinions of the author. First, the welfare of the whales needs to come first at all times and laws governing interaction with whales, including when to cease interactions so as to prevent harassment, need to be in place and applied equally to both commercial and private vessels. There need to be uniform standards for approach, speed, duration, etc., with a clear definition of what delineates harassment by vessels and avoidance behavior in whales.

With safety and harassment avoidance in mind, swimming with whales should only be allowed from properly permitted commercial vessels. Though generally well-intentioned people, under no circumstances should inexperienced swimmers have any implied permission by omission (of laws) to give it a go. There are definite right and wrong ways to interact with a whale and the only way for a private boater to learn the difference is by doing it, but doing it wrong is at best harassing and at worst dangerous. The operators have far more experience with the whales and can ensure that interactions are as safe for swimmer and low impact for whale as possible.

With regard to experience, there should be in place a standardized training program that all operators should be required to take which would ensure that everyone working in close proximity to whales has the requisite knowledge and skills to safely do so.

As for access, in the absence of specific laws, it only seems fair that there be a mutual respect practiced, since no one owns the whales or has exclusive dominion over them. If a private yacht finds a whale and abides by approach, distance, duration and harassment rules, they should not be interfered with by anyone during the course of traditional (non-swimming) whale watching. On the other side, if a commercial operator is working with a whale, they should be given the same respect (as is now dictated by law) and actively avoided.

And finally, there needs to be an enforcing authority in place to police the activities. Once laws are in place there needs to be some agency that aggrieved commercial operators or cruisers can report to in the event of an infraction. Funding could come from a small fee added by the operators to each whale watcher’s fare, and by Tongan customs to the entry fees of all cruising vessels coming into Tonga during the whale season. Without an enforcing authority, even with laws in place, the “wild west” of whale watching will endure.

The government of the Kingdom of Tonga needs to address this “whale watching problem” soon before something unfortunate occurs. Reportedly a draft of proposed regulations is currently moving through governmental channels and will eventually be approved. One can only hope this occurs in the near future.

Stuck in the middle are the humpback whales. Here in Vava’u the humpback whales are essentially just another fishery that is under increasing pressure from both recreational and commercial interests. As with any other fishery, all three parties can successfully coexist if well managed and regulated. There is no question that it can and must be done. For the humpbacks of Tonga, then, the question is: when?