Whales are frequently injured or killed as they migrate along  the South African coastline a few times a year - because there are no legally enforceable regulations or comprehensive codes to protect them.

Voluntary whale watching codes and permits also do not address other issues like overfishing of krill, the main food source; or rope entanglement due to lobster traps.

We are calling on the South African government- including Provincial and Municipal governments with coastal zones, to pass the following legislation to ensure a happy future for these beautiful creatures- and the highly profitable tourism industry they have generated.

1. Mandatory minimum distance of 200 metres from all whales by recreational and commercial vessels;

2. Mandatory minimum distance of 400 metres for whales resting or with calves;

3. Speed restrictions of maximum 7 knots within 400 metres of any marine mammal;

4. Prohibition on approaching from directly ahead or behind; vessels must approach from the side at no more than 30 degrees to the animal's direction of travel;

5. Maximum of 3 vessels permitted near any single whale or whale group at one time;

6. Engine protocols requiring shift to neutral / cut engine completely when whales enter the exclusion zone;

7. Sanctuary/ exclusion zones to be considered in consultation with key stakeholders;

8. Drone restrictions in line with International best practice;

9. Review of fisheries regulations in consultation with the industry, especially krill fishing limits & ropeless lobster traps; with

10. Clear penalty framework for violations, including fines and permit suspensions.

BACKGROUND AND JUSTIFICATION
1. Ecological Significance - South African waters serve as critical habitat for multiple whale species including:

• Southern Right Whales (breeding grounds along the Western and Eastern Cape)
• Humpback Whales (migratory corridor along the entire coastline)
• Bryde's Whales (year-round residents in certain regions)
• Omura's Whales and others
  These populations face documented threats from vessel strikes, propeller injuries, noise disturbance, and behavioural disruption.

2. Current Regulatory Gap-  While South Africa has established 42 Marine Protected Areas and maintains voluntary whale-watching codes of conduct, there exists no nationally enforceable legislation mandating minimum vessel approach distances.

This contrasts with international best practice:

• Canada: 100–1000 metre mandatory distances (fines up to $100,000 CAD)
• United States: 100–500 yard federal requirements
• Australia/New Zealand: 100–300 metre statutory distances
• European Union: Various member-state mandates under Habitats Directive

Voluntary compliance has proven insufficient to prevent vessel-related whale injuries and deaths.

3. Documented Harm -Incidents of whale-propeller injuries, stress-induced separation of mothers and calves, and displacement from feeding/breeding grounds have been reported along South African coastlines, particularly in high-traffic whale-watching regions such as Hermanus, Algoa Bay, and the Garden Route.

4. Economic Interest - Whale-watching contributes significantly to South Africa's tourism economy. Proper regulation protects both the animals and the long-term sustainability of this industry, following the model of "sustainable and ethical" whale-watching endorsed by the World Cetacean Alliance.

SPECIFIC ACTIONS REQUESTED
We call upon Parliament to:

1.      Direct the Department of Forestry, Fisheries and the Environment (DFFE) to draft regulations under NEMBA establishing mandatory vessel approach distances as outlined above within 12 months

2.      Require consultation with marine conservation organizations, whale-watching operators, and local communities during the regulatory development process

3.      Allocate resources for enforcement through maritime authorities and fisheries inspectors

4.      Mandate public education campaigns informing boaters of new regulations

5.      Establish monitoring and reporting requirements for vessel-whale interaction incidents

6.      Report back to Parliament within 18 months on implementation progress and effectiveness

CONCLUSION
South Africa stands as a global leader in marine conservation through its MPA network expansion. Formalising vessel distance regulations will align our practices with international standards and ensure that future generations can experience these magnificent creatures in healthy, thriving populations.

We urge the National Assembly to table and consider this petition promptly.

Thanks

 

(image: Chris Fallows)