NOAA distance regulations for humpback whales

[Andrew F]

I was just informed by a NOAA law enforcement officer that drones are considered aircraft and are not allowed within 1,000 feet of a humpback whale. I routinely see helicopters - you know those INCREDIBLY loud aircraft that you can hear from miles away - circle whales at between 250 and 600 feet. The officer then sped away in his boat with four powerful and also incredibly LOUD engines that have been proven to disrupt the whales. I had a hydrophone in the water and the motors drowned out the whale sounds for several minutes. And I'm not allowed within 1,000 feet? Holy cow. Anyway. FYI. I always keep a respectful distance but the 1,000 foot limit was news to me.

 

[Meta4]

I always keep a respectful distance but the 1,000 foot limit was news to me.

It's a laughable situation where they are taking regulations written in the 1970s or 80s for general aviation aircraft and applying them to small drones.
It's obvious to anyone that's worked with whales that those regulations are irrelevant to something seagull-sized and much quieter but the dinosaurs that administer the regulations are sometimes just stupid.

 

[Andrew F]

It's a laughable situation where they are taking regulations written in the 1970s or 80s for general aviation aircraft and applying them to small drones.
It's obvious to anyone that's worked with whales that those regulations are irrelevant to something seagull-sized and much quieter but the dinosaurs that administer the regulations are sometimes just stupid.

Yeah, I just checked and a deisel belching 1,000 horsepower boat can get within 100 yards. What a joke. But the officer wasn't joking. It's hard to take the laws seriously when they are so illogical.

 

[Walt]

I was just informed by a NOAA law enforcement officer that drones are considered aircraft and are not allowed within 1,000 feet of a humpback whale. I routinely see helicopters - you know those INCREDIBLY loud aircraft that you can hear from miles away - circle whales at between 250 and 600 feet. The officer then sped away in his boat with four powerful and also incredibly LOUD engines that have been proven to disrupt the whales. I had a hydrophone in the water and the motors drowned out the whale sounds for several minutes. And I'm not allowed within 1,000 feet? Holy cow. Anyway. FYI. I always keep a respectful distance but the 1,000 foot limit was news to me.

Where did this happen?

 

[Andrew F]

Hawaii.

 

[GoGracefully]

Where in Hawaii Andrew? Must be one of those small populated islands. I was going to the Kohala Coast (Big Island) today to get some whale shots.

Did he threaten you with a fine or confiscation? If so, how much.

I found this reference to 400 feet with a quick google search here:

Permitting for Scientific Research Using Small Unmanned Aircraft Systems | NOAA Fisheries

Required Permitting Under the Marine Mammal Protection Act and/or the Endangered Species Act
If research activities will be directed at marine mammals or sea turtles at an altitude below 400 feet, you must apply for a permit using our Authorizations and Permits for Protected Species (APPS) online application system. If you have questions or are unfamiliar with our permits, contact our Permits and Conservation Division at (301) 427-8401.

Seems to imply outside of 400 feet is not regulated???

Why isn't that guy on furlough anyway---one of the lucky ones I guess.

 

[GoGracefully]

Found it, and the officer appears to be correct, but their recommendations show a distinct ignorance of FAA regs:

Operate drones with caution
The noise and close proximity of drones can disturb marine wildlife. When viewing marine mammals from the air using a drone:

• Maintain a 1,000-foot minimum altitude.
• Avoid buzzing, hovering, landing, taking off, or taxiing near marine mammals (on land or in the water), as these actions may alter animal behavior.

Drones are used by researchers following specific permitting conditions. Learn more about drone operation for scientific research.

I wonder if there are any teeth behind these recommendations. I agree with you that boats, helicopters at 500ft, and even military sonar are far more disturbing to a cetaceans whose hearing is tuned to such low frequencies we cant even hear them. A drone at 200-400 feet is a laughable potential impact.

 

[Andrew F]

All of the waters around all of the Hawaiian islands are considered a whale sanctuary. You have to have a permit to get closer than 1,000 feet for scientific purposes with a drone. Which of course is a joke. I wasn't flying at the time - I was kayaking. I just mentioned to him I had a drone and he got very serious stating the law. I didn't respond directly as I know he has no impact on the stupidity of the law. As far as I am concerned it's just another misguided law that makes sense for helicopters but doesn't make any sense for drones. Drones should be able to get at least as close as massive sightseeing boats and would still have 1% the impact - if any.

 

[JDawg]

There is a video here somewhere of a mom and calf playing and the drone is probably within a couple hundred feet. The whales are not affected in anyway that I could tell by the drone.
Stupid laws like this are why people tend to pick and choose the ones they obey.

 

[Andrew F]

I neither admit nor deny having an awesome video of a calf nursing from its mother. Clearly if I had such a video I wouldn't post it. Sheesh.

 

[COZWV]

Drones are here to stay and will become a part of many businesses and many other uses. Hopefully this overreactive BS will eventually get sorted out.

 

[Tchriste]

Now a year later, are these NOAA restrictions enforced more or less? I see a lot of posting of whales, even with calves, at pretty close range on social media. Who are the people posting and do they have permits or if not are they still handing out fines?
It seems that if done responsibly close shots can be taken without bothering these wonderful creatures. Of course, laws are written for the majority not the responsible minority.

 

[Thomas B]

How do you taxi a drone? From the reg above.

 

[BullDoggBoyz]

Holy smokes! I agree that is quite ridiculous. SMH. Our hobby is quickly becoming irrelevant to those in power. I guess they would rather people sell drugs, steal stuff, and gang-bang as a hobby, because anymore, they are trying to shame us to death with every regulation they can come up with pertaining to parks, wildlife, monuments, and anything else that one might deem worth shooting video or pic's of. They are getting carried away with all of this nonsense and it's making me sick! I might as well carry around a guitar case and wear a black trench coat and ski mask, as that's how I am made to feel every time I grab my M2P case and head to a location to enjoy my hobby. People gawk and someone ALWAYS has something smart to say as to what THEY perceive the law to be as it pertains to our hobby. For gods sake people, Get a life and go fight some real crime some place!

 

[brettbrandon]

Operate drones with caution
The noise and close proximity of drones can disturb marine wildlife. When viewing marine mammals from the air using a drone:

• Maintain a 1,000-foot minimum altitude.
• Avoid buzzing, hovering, landing, taking off, or taxiing near marine mammals (on land or in the water), as these actions may alter animal behavior.

The way I read this you have to stay "above" the wildlife 1,000 feet (and we can't go above 400). I see no specification for how close you can get latterally... I'm guessing there is more to it than this?

 

[JohnT]

Hi, I just joined the forum. I'm on Oahu and hadn't flown drones for years until recently getting a Mavic Air 2. Regarding flying near whales, I've copied & pasted from the fisheries.noaa site below. Maybe the wording has changed since this thread started, but it seems clear that the 1,000 foot minimum altitude applies to manned aircraft. For drones, they simply say to avoid flying near animals, without defining "near".

From the noaa wording I would feel pretty confident that I wasn't violating any laws by flying closer than 1,000 feet. I would think 300-400 feet would be reasonable with no risk of interfering with or disturbing the mammal's behavior, and still remain legal for drones.

If I'm missing something (I may be), please let me know.

​

Guidelines When Viewing From Air​

• Maintain a 1,000-foot minimum altitude when viewing marine mammals from the air in manned aircraft (e.g., helicopters, airplanes). Federal law requires aircraft to fly no lower than 1,000 feet above humpback whales in Hawaii and 1,500 feet above North Atlantic right whales throughout U.S. waters.
• Avoid buzzing, hovering, landing, taking off, and taxiing near marine mammals on land or in the water. These activities are likely to harass the animals and cause stress.
• Avoid flying drones, or unmanned aircraft systems (UAS), near animals. The noise and close proximity of drones can harass the animals and cause stress.

A note on drone/UAS guidance:
NOAA Fisheries is currently developing national guidance for drone (or UAS) operations targeting marine mammals and sea turtles. Until then, NOAA Fisheries reminds the public that dolphins, whales, seals, and sea lions are protected species and harming or disturbing them can be a violation of federal law.
It is important to remember that the Federal Aviation Administration provides rules for drone operation. In addition, the U.S. National Park Service has prohibited the use of drones in many National Parks, some of which provide habitat to marine mammals.

Researchers may use drones/UAS to conduct scientific research on protected species only if the proper permits and authorizations are secured. Learn more about research permitting.

 

[Thomas B]

Welcome to the forum from the deserts of Arizona! Enjoy.

intetesting post/info.... what is the date of the quoted NOAA guidelines?

 

[JohnT]

Welcome to the forum from the deserts of Arizona! Enjoy.

intetesting post/info.... what is the date of the quoted NOAA guidelines?

Thanks for the welcome! The noaa page doesn't display a date, but it appears to be current. I copied & pasted today. Here is the link:

Marine Life Viewing Guidelines

Learn how to properly observe and interact with marine life to ensure the well-being of marine species and their habitat.

www.fisheries.noaa.gov

Now whether your average enforcement officer is aware of and accepts this wording, is another matter completely.

 

[JohnT]

Just to follow up on the minimum distances from marine wildlife and my interpretation that the 1,000 feet minimum is for manned aircraft (not drones), I wrote NOAA Fisheries and received the response below. This clarifies that for humpback whales in Hawaii, 300 feet is the minimum legal distance. Other marine mammals have closer minimums. But it is clear that all of us should make the welfare of the wildlife the priority and greater distances should be observed when appropriate. This seems reasonable to me. It only takes a few irresponsible drone operators to ruin it for all of us.

Aloha Mr. #####,

Thanks for reaching out and considering safe distances from marine animals. The current rules and guidelines in place are slightly different for each species.

Before getting into those details, I’d like to note that we are still assessing the potential impacts that drones may have on marine mammals and sea turtles. Until the impacts are more clear and official guidance is developed, we recommend not flying drones recreationally near marine mammals in order to minimize disturbance and be compliant with the law.

Here’s a summary of the current official guidance and laws:

It is illegal to approach or cause an object to approach (including drones) a humpback whale within 100 yards (300 feet) in Hawai'i. Causing a drone to approach within 300 feet of a humpback whale is a violation of the approach rule for humpback whales under the Marine Mammal Protection Act (MMPA) (50 CFR 216.19).

For other protected species, we believe that the current viewing guidelines (10 feet for sea turtles, 50 feet for monk seals, 50 yards for dolphins and small whales) may not be adequate for “viewing” distances from a drone. Approaching a marine mammal or sea turtle by drone may impact the wildlife differently than viewing by boat, swimmer, or on land.

So to answer your question, flying a drone at a distance of 300-400 feet (100-133 yards) of a marine mammal would comply with the viewing guidelines established by NOAA Fisheries and AND the humpback whale approach rule under the MMPA.

However, it’s important to note: If a drone disrupts the natural behavior of a protected species, regardless of how far away the drone is flying, it could still be considered harassment under the MMPA and/or Endangered Species Act (ESA).

I hope this helps clarify the current regulations on flying drones around marine animals. We encourage you to spread the word in the drone community about keeping even greater distances than the minimum required for protected species. Avoiding recreational flying entirely around these animals would minimize the risk of disturbance and ensure everyone is compliant with the law.

If NOAA Fisheries drafts official regulations around this issue in the future, the proposed rule would be subject to public comments, and we welcome your input.

Mahalo,

Pacific Islands Regional Office
Protected Resources Division

 

[davedowney]

Now a year later, are these NOAA restrictions enforced more or less? I see a lot of posting of whales, even with calves, at pretty close range on social media. Who are the people posting and do they have permits or if not are they still handing out fines?
It seems that if done responsibly close shots can be taken without bothering these wonderful creatures. Of course, laws are written for the majority not the responsible minority.

I’m sitting right here on one of Maui’s popular whale watch lookouts and there are two individuals operating “drones/uas”. One of the devices is 2 times larger than the other. ?