Viking Sportfish "Bad Company" hit a whale!

J, I don’t expect you to know these things, as it’s mostly a by-product of a flawed education system.
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Under the federal Marine Mammal Protection Act (MMPA), it is illegal to "harass, hunt, capture or kill" any marine mammal. Humpback whales are an endangered species protected under the Endangered Species Act as well. "The federal regulations against whale harassment are clear and their abuses should not be tolerated," says Peter Borrelli, executive director at PCCS. "Recreational boaters have a responsibility to know these rules," Borrelli added.
Motoring at fast speeds around whales and coming way too close to these cetaceans comprise the bulk of the reports. PCCS Marine Educators have documented cases of whale harassment particularly during times when humpback whales 'bubble feed,' or emit bubbles to concentrate prey. Humpbacks rise to the surface feeding with their mouths open wide and are vulnerable to vessels and their propellers. Bubble feeding is an engaging behaviour, and a favourite sighting on commercial whale watches, but getting too close to feeding humpbacks, which can grow to 40 tons, endangers not only the mammals but humans as well.
Mariners should report whale harassment incidents to NOAA's Enforcement Hotline: 800.853.1964. Fines and civil penalties of up to $10,000, or criminal penalties up to $20,000, may result in convictions under the Marine Mammal Protection Act, including imprisonment and the seizure of a vessel. Violating the Endangered Species Act could result in fines or penalties up to $25,000, or criminal penalties up to $50,000, plus imprisonment and the seizure of the recreational boat.
"Any approach that alters the natural behaviour of the animals may be classified as harassment," says Todd Dubois, a deputy special agent in charge for the Northeast enforcement division of NOAA Fisheries Service. "Boaters should maintain a safe distance from the whales and view the animals with caution and respect," he added.

Hi,

Does any of the legislation posted above actually apply to things that happen outside the US or on the high seas?

Yes, the second link is the book that I was talking about. It's a pretty good book.

"Does any of the legislation posted above actually apply to things that happen outside the US or on the high seas?"

It applies to the 200 mile US Exclusive Economic Zone (EEZ) and the importation of products made from certain marine mammals no matter where in the world they come from.

Up here in Canada, if you as much as look at Orcas/Whales the wrong way, the DFO will have you thinking about it while your’ doing jail lap-dances for smokes.
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Whale Watching Guidelines

-Approach whales from the side, not from the front or the rear.
-Approach no closer than 100 metres and shift your motor into neutral or idle.
-Keep noise levels down - no horns, whistles or racing of motors.
-Start your motor only after the whales are more than 100 metres from your vessel.
-Leave the area slowly, gradually accelerating when you are more than 300 metres from the whales.
-Approach and depart slowly, avoiding sudden changes in speed or direction. Do not "leapfrog."
-Avoid disturbing groups of resting whales.
-Maintain low speeds and constant direction if travelling parallel to whales.
-When whales are travelling close to shore, avoid crowding them near the shore or coming between the whales and the shore.
-Limit the time spent with any group of whales to less than 30 minutes at a time when within 100 to 200 metres of whales.
-If there is more than one vessel at the same observation site, be sure to avoid any boat position that would result in encircling the whales.
-Minimize the time spent and the number of vessels with any one group of whales.
-Limit time, as above, and then move out to allow other vessels access to good viewing positions.
-Coordinate activities by maintaining contact with other vessels, and ensure that all operators are aware of the whale watching guidelines.

Summary convictions for contravention of the Fisheries Act or its regulations carry a fine of up to $100,000 a prison term up to one year, or both. Indictable convictions carry a fine of up to $500,000, prison terms of up to two years, or both. (Fisheries Act s.78)

ScienceDaily (Oct. 20, 2008) — NOAA officials have issued a regulation that will implement new measures to protect endangered North Atlantic right whales.


The regulation will, for the first time, require large ships to reduce speeds to ten knots in areas where the whales feed and reproduce, as well as along migratory routes in between. The goal of the regulation is to reduce the risk of ship collisions with the whales.

“The ship strike rule, based on science, is a major addition to NOAA’s arsenal of protections for this endangered species," said Navy Vice Admiral Conrad C. Lautenbacher, Jr., under secretary of commerce for oceans and atmosphere and NOAA administrator.

With only 300 to 400 in existence, North Atlantic right whales are among the most endangered whales in the world. Slow moving right whales are highly vulnerable to ship collisions, since their migration route crosses major East Coast shipping lanes. Along with existing measures to prevent entanglement of right whales in fishing gear, the new ship strike reduction rule is the most comprehensive approach that NOAA has taken in its effort to help right whales recover.

The new rule requires vessels to travel at ten knots or less during the seasons whales are expected to be present, in designated areas along the East Coast. It will be up for renewal in five years, after scientists assess its effectiveness. The rule will go into effect in early December, 60 days after publication in the Federal Register.

In the mid-Atlantic area, the 10-knot speed restrictions will extend out to 20 nautical miles around major ports. NOAA’s Fisheries Service researchers report that approximately 83 percent of right whale sightings in the mid-Atlantic were within 20 nautical miles of shore. The rule also establishes temporary voluntary speed limits in other areas when an aggregation of three or more right whales is confirmed.

The rule is part of NOAA’s broader ship strike reduction efforts. Existing protective actions include surveying whale migration routes by aircraft and mandatory ship reporting systems that provide advisories and information on right whale locations to mariners.

The latest NOAA edict strictly prohibits humans from even discussing whales upon pain of death by drowning in an overdose of cod liver oil, so stop it already.

"... prohibits humans from even discussing whales..."

Tell me about it, I haven't had Orca Jerky for a couple of years now. You can still get Humpback Sausage if you know the right people in SE Alaska but it's not like the old days.

Does this mean I can no longer wear my whaleskin coat with my panda scarf and baby seal boots while hunting white rhinos?

Mmmmmmmmmmmmmm

Hi,

No, this is ok as long as you are outside the 200 mile economic zone and you don't bring those items back into the US with you when you return.

Correct me if I'm wrong, Marmot, but I believe the range we must keep clear of a Whale in US waters is 500 feet, and other marine mammals is 300 ft.

*****

I've added both of those books to my reading list—They sound like a great read.

*****

My high school nemisis/friend made a few dozen bumper stickers that he handed out at UC Santa Cruz saying:

NUKE THE GAY WHALES!​

Of course, those were the three issues that dominated the news that year.

He thought he was such a rebel. He should have just spiked his hair or got an ear ring like the rest of us.

This should give some guidance : http://www.whalecenter.org/conservation/wwrules.htm

I think it depends on what you are shooting with. I know that a good old fashioned Springfield '03 with open sights is a good Orca stopper up to 500 yards. That keeps the boat out of the prohibited zone.

Are we not allowing here for the superior intelligence of the Leviathon? Perhaps he (she to be politically correct but with noted objection) chose to engage the surface-dancing intruder to his (her, but this makes no sense) lair. He (she) may still be about!

Well, if so then after the boat is fixed they can follow Ahab's lead and:

"... follow him around the Horn, and around the Norway maelstrom, and around perdition's flames before I give him up."

Up in New England we made PAVE THE BAY bumper stickers. It worked for Narraganset and Buzzard's.

After such an ordeal, wouldn't it be far safer to remain on land? But, I suppose, just like Ishmael, many of us suffer from the same affliction and can relate to Ishmael's symptoms:

"Whenever I find myself growing grim about the mouth; whenever it is a damp, drizzly November in my soul; whenever I find myself involuntarily pausing before coffin warehouses, and bringing up the rear of every funeral I meet; and especially whenever my hypos get such an upper hand of me, that it requires a strong moral principle to prevent me from deliberately stepping into the street, and methodically knocking people's hats off--then, I account it high time to get to sea as soon as I can.

For me, my symptoms are a tendency to incessantly pick on local politicians. I actually thought it would make me feel better when I made them cry. Oh well.

Hi all,
I'd like to reply to the, actually, two subjects of present discussion.

The first that came in is about the amount of delamination this boat has suffered. What has not been pointed out is the very high proportion of UD (uni-directional) reinforcement, on this foam cored boat. This is, of course, a very performing way to build in terms of stiffness/ weight ratio, but one of the most vulnerable in case of severe and ample deformation since if will result, as is the case there, in massive delamination extending far further what would have happened with other techniques. Cold molded wood on laminated backbones would have been the least vulnerable, unless simply spitting in two halves!!!
Anyway: the shock was colossal, and any boat would have suffered extensive damages. The people aboard were lucky this boat was still quite a solid one, and we are all happy they came back home safe!

The other one is the whale.
We are (nearly) all sorry and worried about what happened to the whale. Saying that she (or he?) "knew" that the boat was there and therefore feeling "that's her fault!" is plain wrong. Whales - and orcas - are known for having attacked some boats deliberately, but only slow ones. There is no example of such suicidal action as "attacking" or deliberately going on collision course on one going at 22 knots!

They had seen whales all morning. OK, but how long ago? how far? Were they still in this area with plenty of them? If yes, and knowing it: then the skipper seems to have been going at a too high speed. Otherwise...????

The consideration whether it was in an area under such or such jurisdiction seems strange to me: is the whale intending to make a court case?
In whichever area, whatever the laws of this or that country, or the lack thereof: it is one's sense of responsibility that matters, not whether his action is legal / illegal.

Anyway: what we, whale lovers, should not forget is that, although sorry for this one whale and ready to accuse the skipper for his irresponsibility (and he, effectively, does not seem to have cared a ****, at least in his report of what did happen: his 30 years of notes were more important!), there are much bigger whale killers that should attract all our attention: the fast ferries.

The Hawaii Express is one of those. This huge, super fast, sharp bows wave piercer goes at twice the speed of the boat we're talking about, and this KNOWINGLY right through a whale reserve! The Fast ferries in the Mediterranean go between Corsica and France mainland also right through an area where whales are seen at almost every passage during spring, and they DO hit them! Large modern ships, with a 9 meter diameter propeller, 80,000 KW, and traveling at twenty knots or over, like Emma Maersk that takes four days between China and US right through whale areas, aren't those that we should accuse for their danger?

It is surely not this fisherman !

I agree with you and I don't understand why some people, especially the tofu/yoga/granola variety, relentlessly demonize man's pursuit of the ocean. Some people can make victims out of anything... even 50 ton beasts.

Shouldn't repairing that hull be enough of a monetary punishment? I guarantee you that boat isn't going to go whale chasing any more! Why should his boat be confiscated? For making a mistake? You think the owner asked for $tens$of$thousands$ in hull repairs?