• Local report takes umbrage with unscrupulous tour operators violating the personal space of whales via ‘too-close for cetacean comfort and tourism industry sustainability’ encounters, for behemoth untaxed bucks 

Sri Lanka has emerged as a leading whale watching destination, offering substantial economic benefits from its diverse cetacean species. The presence of year-round blue whale populations in Sri Lankan waters makes these species especially vulnerable to tourism related stressors. While regulations are meant to oversee whale watching, numerous operators participate in unlawful practices, contributing to a surge in activities that involve swimming with whales.

Noting this, a recent study report, titled ‘Conserving Gentle Giants: Case Study on the Scope of Illegal Whale Swimming Activities in Sri Lanka and Its Impact on Sustainable Tourism’ and issued by the Pearl Protectors organisation, said that this trend is driven by the tourism boom post-2020, compounded by inadequate Governmental enforcement of existing regulations and a lack of awareness among tourists. The study had investigated the impact of illegal swimming with whale tours in Sri Lanka, focusing on the harmful effects of unethical practices.

The key findings of the study had revealed widespread non-compliance, with many operators engaging in illegal activities involving swimming with whales, while some encouraging physical contact with whales. Noting that offering to swim with whales has become a lucrative business as operators charge high prices while often evading taxes, the report further flagged that close encounters with whales endangered both the wildlife and humans and compromised Sri Lanka's reputation as a sustainable tourism destination.

The study

Under the study, over 30 tour operators in Trincomalee and Mirissa had been contacted. Most whale watching tour operators had stated that swimming and snorkelling with whales is illegal in Sri Lanka and had admitted that they do not hold the necessary permits to conduct tours involving swimming with whales. Six operators did not refuse the request to touch the whales during these tours. One operator offered to swim with whales but had stated that it was important to book in advance due to the high demand. The study further pointed out that many operators provided photo or video footage of their experiences on request.

“Prices for whale watching ranged from United States Dollars (US $) 50 to $ 70 (including taxes). Two whale watching tour operators mentioned a tax of $ 20 per tourist, while two others included this tax in their price offer. On average, operators offering opportunities to swim with whales charge over 230% more than operators offering whale watching activities. Prices for swimming with whales ranged from $ 70 to $ 250 per person, with group bookings often offered at discounted prices,” the report explained, adding that it was noted that it has become increasingly difficult to obtain a Government permit to snorkel with whales.

Whale watching and snorkelling with whales

Noting that the whale watching tourism industry has experienced significant changes in recent years, the report added that according to an interviewee, the introduction of tours which involve swimming with whales has impacted traditional whale watching businesses. It added that despite the profitability, these practices have led to the disturbance and potential harm to whales, with operators noting that the increasing number of tours affording swimming with whales has affected the business. During the study, it had also been highlighted that effective measures to stop these activities are lacking. One interviewee had pointed out that while swimming activities do not chase whales away, the occurrence and behaviour of whales have changed, with sightings drastically reduced due to factors like climate change and harassment.

According to the report, the study findings indicate that the whale watching industry is experiencing a shift towards swimming and snorkelling with whales, despite being illegal: “The reasons for this shift are multifaceted. For the first time since 2020, the tourism industry is booming again. After having experienced a severe economic crisis that hit the tourism industry especially hard, tour operators found a lucrative business in swimming with whales and many tour operators have entered the market in recent years. The high density of tour operators in Mirissa puts great pressure on operators in this location to remain competitive. Therefore, a shift towards illegal whale watching activities is likely, especially on the Southern coast of Sri Lanka.”

In-depth interviews had revealed that tourists in Sri Lanka are unaware that swimming with cetaceans is illegal. As per the report, operators who present themselves as licensed and authorised give tourists the impression of legitimacy, which can inspire confidence in potential customers who may otherwise have concerns about the ethical and legal aspects of such interactions with marine life. Noting that this strategy may be a deliberate attempt to capitalise on the lucrative market of whale watching and swimming tourism by presenting themselves as trustworthy and compliant with the law, the report added that this is in a context where the Department of Wildlife Conservation has explicitly refused to issue such permits. As a result, operators offering whale watching activities are being forced out of the industry as they are unable to meet the demand from tourists who want to swim with whales.

“The Sea Mammals (Observation, Regulation and Control) Regulations, No. 01 of 2012 are in place, but, there is a lack of enforcement as 73% of the questioned operators in Mirissa and 83% of the operators in Trincomalee offered to swim with the whales without authorisation. Six even encouraged us to touch the whales, increasing the risk of pathogen spread between whales and humans. Only five operators emphasised the illegality of this practice. When swimming with whales, some operators emphasised that they get within two-three metres of the whales and then let the tourists jump into the water. This is despite the provisions of the Marine Mammals Regulations, which state that vessels may not approach whales closer than 100 metres at any time. As one operator stated that the Government is being bribed, it can be assumed that the authorities are aware that swimming with whales is taking place.”

The report quoted researches which show that the proximity of ships affects whale behaviour. Although there is an existing risk of whales being displaced from nearshore areas to more distant areas by whale watching activities, the report added, the risk is likely to increase if many small vessels chase whales to satisfy tourists who wish to swim with whales. It noted that previous studies have shown that swimming with whales causes behavioural changes in humpback whales. Significant behavioural changes have been observed during and after interactions with swimmers, where the whales have changed direction more frequently and shortened their resting times by 50% compared to interactions with whale watching tours. Given the high percentage of illegal activities that involve swimming with whales in Sri Lanka, it added, these results are worrying as the welfare of the animals is not taken into account, especially during unregulated whale encounters. 

“The interview results show that whale sightings in Sri Lanka have declined in recent years. Although the cause of this has not yet been investigated, the harassment of animals is likely contributing to the decline in whale sightings,” it was noted.

The report further read: “On the bright side, whale watching has the potential to serve as a tool for conservation and education measures. From the interviews conducted, it became clear that the operators offering whale watching activities are generally committed to the protection of whale species. However, the operators offering to swim with whales did not mention any efforts to protect the species. This suggests that the current activities where tourists can swim with whales are mainly for sensationalism rather than the potential for education and conservation efforts. Therefore, unethical operators are jeopardising animal welfare for financial gain. Research into the pricing of these activities found that unethical tour operators offering whale snorkelling tours charge on average 230% more than sustainable operators who limit themselves to whale watching. The lucrative nature of the industry often means that operators do not pay taxes and are not adequately monitored by institutions, resulting in a significant loss of tax revenue for the Sri Lankan Government.”

Legal, policy and industry concerns

“The whale watching industry in Sri Lanka is currently facing significant challenges due to the emergence of unregulated and unethical whale snorkelling tours,” the report explained, adding that this conflict between traditional and ethical whale watchers and those offering whale snorkelling experiences has created an industry that is both harmful to marine life and increasingly lucrative due to rising tourism. The issue is however multifaceted, involving economic incentives, lack of Governmental enforcement, insufficient consumer awareness and the international promotion of these illegal activities.

While whale watching and snorkelling are both popular methods of observing these majestic creatures, both have an impact on the wildlife. However, the report noted that the latter poses severe risks through the disruption of cetacean behaviour and an increase in the likelihood of harmful encounters between whales and vessels. It added that if not regulated, the trend towards more frequent and closer whale encounters is likely to increase, placing even more pressure on whale populations. Combined with increased competition among tour operators, it will also likely lead to a decline in conservation efforts if the Government does not enforce regulations and officials continue to accept the alleged bribes.

“The whale watching industry in Sri Lanka is increasingly catering to the demand for close encounters with whales, which is driven by an increase in tourism over the past 20 years. Governmental enforcement is not taking place. Corruption seems to be present in this business. Therefore, the trend that is currently being observed in this industry is moving Sri Lanka away from the goal of becoming a sustainable tourist destination,” the report said, underscoring that Governmental enforcement needs to be strengthened while policy actions must also be implemented to address unethical practices including issuing permits for diving centres and tour operators to ensure that they operate sustainably. 

The report said that rising tourism numbers, paired with a lack of regulatory oversight, will further increase the shift towards unethical practices of swimming with cetaceans. Noting that the increase in operators offering swimming with whales is damaging Sri Lanka’s reputation and goal to become a sustainable tourism destination and contradicts the country's current policies, the report added that this trend compromises animal welfare for financial gain and penalises operators committed to sustainable tourism due to financial losses.