United States of America

Extent of whale and dolphin watching

There are multiple opportunities to view marine animals in their natural habitat around the United States throughout the year depending on the species and locations.  All species of marine mammals are protected in U.S. waters under the Marine Mammal Protection Act of 1972 (MMPA), and several species are afforded additional protections under the Endangered Species Act of 1973 (ESA) if their populations are listed as “threatened” or “endangered.” There are policies, guidelines or regulations that prescribe how to view the animals from a safe and respectful distance for their safety—and yours. Learning how to interact with and observe ocean animals can help you make the right decisions when you encounter them by water, land, or air in U.S. territorial waters.

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Regulations and Guidelines 

 In the U.S., various policies, guidelines, and regulations have been developed with specific recommendations and distances for viewing whales, dolphins, and porpoises. These guidelines and laws can vary by species and geographic area, so please familiarize yourself with the local requirements before you seek out the animals¹.

Under the Marine Mammal Protection Act regulations, it is illegal to feed, attempt to feed, or harass marine mammals in the wild. These activities are illegal because they harm the animals in the following ways:

• Marine mammals associate people with food, losing their natural wariness of humans or boats and becoming conditioned to receiving handouts.
• Marine mammals change their natural behaviors, including feeding and migration activities, and show decreased willingness to forage for food on their own. They may also begin to take bait/catch from fishing gear. These changed behaviors may be passed on to their young and other members of their social groups, increasing their risk of injury from boats, entanglement in fishing gear, and intentional harm by people frustrated with the behavioral changes.
• Marine mammals may eat contaminated (old or spoiled) food or non-food items. Feeding marine mammals inappropriate food, non-food items, or contaminated food jeopardizes their health.
• Long term effects from prolonged or acute behavioral harassment include shifts in habitat or habitat abandonment, reduced calf survival and reproduction, and overall, population decline.   
• Marine mammals sometimes become aggressive when seeking food and are known to bite or injure people when teased or expecting food.

National Oceanic and Atmospheric Administration (NOAA) Fisheries supports responsible viewing of marine mammals in the wild. Each of our five regional offices have developed viewing guidelines or regulations tailored to the specific needs of the species in their area to help people responsibly view the animals and avoid harassment. In general, the guidelines recommend the following:

•  Observe wild dolphins, porpoises, and seals from a safe distance of at least 50 yards (150 feet) by land or sea.
• Avoid touching or swimming with wild marine mammals, even if they approach you.
• Observe large whales from a safe distance of at least 100 yards (300 feet) by land or sea.
• Observe whales, dolphins, porpoises, and seals from a safe distance of at least 333 yards (1,000 feet) by air.
• Use binoculars or telephoto lenses for a better view of the animals.
•   Limit overall viewing time to individuals or groups of animals to no more than 30 minutes.
•   Avoid circling or entrapping marine mammals between watercraft or between watercraft and shore.
•  Avoid approaching marine mammals when another watercraft is near.
• Avoid abrupt movements or loud noises around marine mammals.
•  Avoid separating mother/calf pairs.
•  Move away cautiously if you observe behaviors that indicate the animal is stressed.

In addition to these recommended guidelines, federal regulations strictly prohibit closely approaching certain species of marine mammals and feeding or attempting to feed any species of marine mammal:

•  It is illegal to feed or attempt to feed any species of marine mammal.
• It is illegal to approach North Atlantic right whales within 500 yards (1,500 feet) by land, sea, or air.
•  It is illegal to approach humpback whales in Hawaii and Alaska within 100 yards (300 feet) by land or sea.
• It is illegal to approach humpback whales in Hawaii within 333 yards (1,000 feet) by air.
• It is illegal to approach killer whales in inland waters of Washington State within 200 yards (600 feet) by land or sea.

To help prevent harassment of the animals, NOAA Fisheries has a policy on human interactions with wild marine mammals that states:

•  Interacting with wild marine mammals should not be attempted, and viewing marine mammals must be conducted in a manner that does not harass (i.e., disturb or injure) the animals.
• NOAA Fisheries does not support, condone, approve, or authorize activities that involve closely approaching, interacting, or attempting to interact with whales, dolphins, porpoises, seals, or sea lions in the wild. This includes attempting to swim with, pet, touch, or elicit a reaction from the animals.

To learn more, visit our Viewing Guidelines and Distances page, as well as in the U.S. Code of  Federal Regulations at 50 CFR 216.3 and 50 CFR 224.103. Further information can be found on our Marine Life Viewing Guidelines website. 

¹ The Marine Mammal Protection Act and the Endangered Species Act do not provide for permits or other authorizations to commercially or recreationally view marine mammals in the wild, except for specific listed purposes such as scientific research. As good stewardship policy,  interacting with wild marine life outside of bona fide permitted scientific research should not be attempted, and viewing marine mammals should be conducted in a manner that does not “harass” (i.e., disturb or injure) the animals.

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Research on whale watching in the United States

Many studies have been conducted on whale watching in different locations throughout the United States over the years. They are too numerous to summarize here, but more information can be found in other parts of this handbook, including the table summarizing the potential impacts of whale watching on cetaceans.  The following list of published journal articles and reports represents studies that have been conducted by NOAA scientists or funded by NOAA.

• Using DTAGs to study acoustics and behavior of Southern Resident killer whales Northwest Fisheries and Science Center. 
• Metabolic costs of sound production and energetic effects of vocal response to noise. Northwest Fisheries and Science Center. 
• Giles, D. and R. Cendak. 2010. An Assessment of Vessel Effects on the Cohesion State of Southern Resident Killer Whale Groups, and Measuring Vessel Compliance with Boating Guidelines. Contract number AB133F-07-SE-3026. 56 pages.
• Holt, M.M., D.P. Noren, and C.K Emmons. 2012. Does vessel noise affect the use of sound by foraging Orcinus orca (killer whales)? In: Anthony Hawkins and Arthur N. Popper, Eds. The Effects of Noise on Aquatic Life, pp. 327-330.
• Holt, M. M., D. P. Noren, R. C. Dunkin, and T. M. Williams. 2015. Vocal performance affects metabolic rate in dolphins: implications for animals communicating in noisy environments. J. Exp. Biol. 218:1647–1654.
• Houghton, J., M. M. Holt, D. A. Giles, M. B. Hanson, C. K. Emmons, J. T. Hogan, T. A. Branch, and G. R. VanBlaricom. 2015. The Relationship between Vessel Traffic and Noise Levels Received by Killer Whales (Orcinus orca). PLoS One. DOI:10.1371/journal.pone.0140119
• Noren D.P., R.C. Dunkin, T.M. Williams, and M.M. Holt. 2012. Energetic cost of behaviors performed in response to vessel disturbance: one link in the population consequences of acoustic disturbance model. In: Anthony Hawkins and Arthur N. Popper, Eds. The Effects of Noise on Aquatic Life, pp 427-430.
• Silber, G. K, and S. Bettridge. 2012. An Assessment of the Final Rule to Implement Vessel Speed Restrictions to Reduce the Threat of Vessel Collisions with North Atlantic Right Whales.National Marine Fisheries Service, Office of Protected Resources, Silver Spring, Maryland.
• Williams, R., E. Ashe, and D. Lusseau. 2010. Killer whale activity budgets under no-boat, kayak-only and power-boat conditions. Contract via Herrera Consulting, Seattle, Washington. 29 pp.

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