what about the whales - letter

Dear Mr Lazarus

Thank you for e-mail and the concern that you have expressed regarding the disturbance of whales. There are general Regulations that nobody may approach whales closer than 300 m except on the authority of a permit.

However, permits have been issued to a regulated number of boats to undertake whale watching and they have their own set of rules. They have to adhere to strict permit conditions that spelled out clearly how to approach whales and how to behave when they do. They are allowed to approach whales at a slow speed up to 50 m where they must stop. From that position it is up to the whale to control the interaction. In some cases the whales out of their own choice approach right up to the boat. This interaction is allowed but under strict rules.

The first question would be thus if Top Billing was making use of an authorised whale watching boat or not.

I hope this response addresses your concern.

Yours sincerely

Herman Oosthuizen

Science manager

Branch: Oceans and Coasts

Department Of Environmental Affairs

>>> "david/hazel lazarus" 26/10/2011 1:51 AM >>>

Dear Mr Oosthuizen,

after trying to track down the correct person and department, I was referred to you by Mogamat Junat, Head of the Coastal Management Unit at Province's Dept of Environmental Affairs & Development Planning.

Last night the TV programme Top Billing was broadcast. One of their clips featured their guests being taken on a whale-watching trip in Hermanus. It was clear to viewers that the boat came very close to the mating whales: notwithstanding the fact that the TV camera may have been shooting on close-up, the angle of one of the guest's own camera showed her aiming downwards towards the whales.

As a civic-minded citizen and environmentalist, I am concerned that the impression has been created that whale-watching boat trips prohibit watching whales at close range - and, as a Kapenaar, I'm sure that there is a law forbidding that.

Would you please provide me with the relevant regulation determining the distance from the whales beyond which no boat may encroach. I will then contact the owner/producer of the company that produces Top Billing (Michael Moll of Entemol), discuss this with him and request him to correct the false impression in next week's programme.

If the law prohibits such close whale-watching and their sponsoring whale-watching company broke that law (maybe there is provision for exemption and they were given special permission by the authorities to do so), they should be taken to task for being highly irresponsible.

Entemol would similarly be irresponsible for not having obtained the necessary facts before the trip and ensuring that their sponsor didn't break the law. They should also have added into the script the information alerting viewers to the distance restriction, irrespective of whether they abided by that law or broke it, as it is of environmental interest and shows that South Africa cares about its marine life and the conservation thereof.

I look forward to your early reply.

Sincerely

David Lazarus

Vice-Chairperson

SFBRRA (Sea Point Fresnaye Bantry Bay Ratepayers & Residents Association)