From the warm waters of Tonga to the biodiverse coastline of Ningaloo Reef, carefully organised swim-with-whale tours attract many tourists each year. Swimming with whales is a parallel tourism activity which operates alongside watching whales. These tours are not like traditional whale watching; they offer the opportunity to enter the whales’ world. Swimming next to a whale combines both adventure and connection with nature and it is a powerful combination which tourists are willing to pay for.
The profitability of swimming with whales depends on several factors. First, it takes advantage of rising demand for eco-tourism. Second, the industry provides employment opportunities for coastal communities – boat operators, snorkel instructors, photographers, and hospitality workers all benefit from it. Hotels, restaurants and transport services experience also see increased demand during the whale migrating seasons. Therefore, it provides higher foreign exchange earnings for small developing islands.
Nowadays travellers seek real world experiences rather than sightseeing. So the tour packages are often expensive, marketed as limited, small-group, eco-friendly experiences. The result? A multi-million-dollar niche industry that continues to expand.
However, many countries don’t give legal permissions for this activity, considering the possible negative impacts it can cause on both the whales and humans. But over time, this activity has become popular among the tourists around the world.
The legality of whale watching in Sri Lanka
Sri Lanka is already a popular destination for whale watching with the blue whale and the sperm whale being most commonly observed in our waters, and that too, relatively close to shore.
However, in Sri Lanka swimming with whales is banned under the Fauna and Flora Protection Ordinance and the Sea Mammals Observation, Regulation, and Control Regulation No.1 of 2012. Therefore, in Sri Lanka, no one can engage in activities such as swimming with whales without proper legal permission.
Even with whale watching (watching whales from boats), every vessel that takes tourists just to watch the whales needs to obtain a license specifically for that from the Director General of the Department of Wildlife Conservation (DWC). These licenses set out clear conditions for operators to obey when conducting whale watching tours, chief of which is a clear prohibition preventing tourists engaged in watching whales from getting into the sea.
Violating these laws is considered as potentially injuring and endangering those organisms and these are cognisable offences and offenders can be arrested without a warrant.
Though swimming with whales is illegal in Sri Lanka, some operators have begun to promote it in response to growing demand. Most tourists are not aware that swimming with whales is an illegal activity in Sri Lanka, and so, many tour operators mislead those tourists by presenting themselves as licensed and authorised despite the DWC having clearly refused to issue such permits.
Further, some online travel research companies promote illegal swimming with whales activities in Sri Lanka without considering its legal conditions. Charging higher amounts from tourists avoiding taxes and engaging in swim with whales activities causes significant revenue losses for the Sri Lankan government and also damages Sri Lanka’s reputation for sustainable tourism.
The impacts of swimming with whales
Scientists and several organizations have conducted multiple studies regarding the unregulated swim-with-whale operations, highlighting a range of concerns. Close human interaction can disturb natural behaviors, especially during migration, feeding, or breeding periods. Sudden approaches, engine noise, or swimmers entering the water may cause whales to dive deeper, change direction, or expend additional energy. On a larger scale, repeated disturbances could potentially impact long-term health and survival.
Therefore, both the tour operators and the tourists should have a responsibility regarding their actions. Tourists should be responsible for the activities they engage in and avoid operators who approach closer to the whales disregarding the distance limits, guarantee sightings, do not provide safety briefings, allow swimming or snorkeling with whales, or claim to have all necessary permissions. They should also avoid operators who start from non-dedicated locations such as beaches or river mouths. Tour operators, on the other hand, should maintain safe distances, approach whales carefully, respect their natural behaviors, limit viewing time, and avoid chasing or circling them etc.
Balancing profit and conservation
The real problem is not whether swimming with whales is lucrative, because it clearly is. The real problem is how it is managed, whether it is done sustainably or not. If this industry is well regulated and conducted responsibly, it has the potential to support coastal economies, create awareness about marine conservation, and turn whales into living treasures worth more alive than exploited. If poorly managed, however, it can stress, injure and disturb whale populations, ultimately damaging them.
In conclusion, the real value of this industry does not lie entirely in its financial returns. Its future depends on protecting whales and preserving the fragile ecosystems they live in. If profit and conservation can move forward together, swimming with whales can continue to inspire people today and for many generations to come.
(The author is a volunteer writer of The Pearl Protectors)
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The views and opinions expressed in this column are those of the author, and do not necessarily reflect those of this publication