- Lack of enforcement sees boat operators risk whales’ safety, natural behaviour
- Fisheries Minister vows ‘stern’ action
In what appears to be an illegal swim-with-whales excursion, a recent video circulating on social media depicting local boats aggressively chasing whales approaching them at close proximity while making loud noises has sparked outrage among the public.
Under the Sea Mammals (Observation, Regulation, and Control) Regulations No.1 of 2012, all vessels that go on whale-watching excursions must obtain an annual licence to do so. According to the regulation, the operator of a vessel carrying persons who wish to observe sea mammals by diving within authorised areas must obtain the prior approval of the Director General of the Department of Wildlife Conservation (DWC).
However, many vessels that engage in swimming or diving with whales off the coasts of Mirissa or Trincomalee are small boats that have obtained sports fishing licences from the Ministry of Fisheries, Aquatic and Ocean Resources.
When contacted by The Sunday Morning, Minister of Fisheries, Aquatic and Ocean Resources Ramalingam Chandrasekar said that “stern” action would be taken against those engaged in illegal swimming with whales and other illegal fishing activities after 31 December.
“Although we have banned illegal activities, and even the use of certain types of gear in fishing, these activities continue to take place. We have given them a grace period until 31 December. We have to take stern decisions and enforce the law,” the Minister said.
A widespread but illegal practice
According to whale-watching tour operators who conduct excursions with relevant licences from the DWC, locals with sports fishing licences go to sea under the pretence of game fishing in order to engage in these activities.
“There are about 10-20 boats that engage in this practice in Mirissa,” said a representative of the Mirissa Water Sports team who wished to remain anonymous. “There have been some raids and we have been informed that their sports fishing licence has been cancelled.”
However, she said that the communities that engaged in this practice illegally lamented the loss of livelihood, citing their inability to purchase large boats to operate whale-watching tours.
When questioned, an official from the Sri Lanka Coast Guard (SLCG), who did not wish to be named but wished to convey the department’s position in an official capacity, said that the SLCG was on alert about illegal swim-with-whales activities.
“We have communicated what we know to the Ministry of Fisheries, that these activities are being run by boats with sports fishing licences. Our monitoring points and patrolling vessels are also on alert to take action if such incidents are reported,” he said.
However, the official said that no arrests had been made so far, adding that information on such illegal activities beyond content circulating on social media had reached them. He noted that due to the small size of the boats running such operations, they may not always be departing from fishing harbours.
As a regulatory measure, SLCG vessels accompany whale-watching tour vessels to ensure adherence to regulations, while DWC officers are also on board the vessels. These vessels are stopped 100 metres away from the whales’ location and operate with reduced motor sounds so as to minimise the impact on the ocean-dwelling mammals.
According to whale-watching tour operators in Mirissa, Telegram groups run by foreign nationals are used to organise passengers for the swim-with-whales excursions. They said that the practice had become widespread alongside a post-Covid-19 surge in tourism. The Mirissa Water Sports team said that they had even held a protest and raised their concerns with the DWC.
Although swimming with whales can only be done with the relevant permit from the DWC Director General, many ventures are advertised as not requiring any permits.
While the holder of his position has the authority to grant permission to swim with whales, DWC Director General Ranjan Marasinghe told The Sunday Morning that he did not grant such permissions unless the permit was being requested for scientific documentation.
He explained that the issuance of sports fishing licences, which were abused by illegal swim-with-whales operators, had been temporarily halted until the Department of Fisheries and Aquatic Resources implemented more long-term regulations.
However, citing challenges in the implementation of regulation owing to the vastness of the ocean and associated difficulties, Marasinghe called on the marine tourism industry to practice self-regulation in order to ensure sustainability in the sector.
“The issue is that while we do monitoring with the Sri Lanka Coast Guard, we cannot monitor every inch of the ocean. The industry should impose self-discipline because if we lose the whales, the industry will collapse. We can only benefit from the industry if the industry survives.”
He added that swimming with whales, especially blue whales, was dangerous. Admitting that the marine division of the DWC required strengthening, Marasinghe said that steps were underway to make improvements within the institution.
Attempts to contact Deputy Minister of Tourism Ruwan Ranasinghe and Sri Lanka Tourism Development Authority Chairman Buddhika Hewawasam proved futile.
Research findings
According to an October 2024 study by Emily Berlage, Sata Olyslaegers, Samudra de Silva, and Maleesha Gunawardana, 73% of operators in Mirissa and 83% of operators in Trincomalee engage in illegal whale-swimming activities.
According to the study, the stressors on the environment due to the boost in tourism have been compounded by inadequate governmental enforcement of existing regulations and a lack of awareness among tourists.
The report further notes that some operators encourage physical contact with whales and that they frequently approached the mammals within 2-3 metres despite regulations mandating a 100-metre distance, risking vessel collisions and behavioural disturbances.
While highlighting that such close encounters with whales endanger both wildlife and humans and compromise Sri Lanka’s reputation as a sustainable tourism destination, it emphasises the need for better enforcement of existing regulations and monitoring for the purpose of sustainable tourism.
A May 2025 report by Oceanswell, a marine conservation research and education organisation in Sri Lanka led by Dr. Asha de Vos, has identified 32 swim-with-whales tour operators in two major whale-watching hotspots in Mirissa and Trincomalee. Moreover, the report identifies that about half of these operations are owned by foreign nationals.
Impact on whales
With a 90% chance of sighting whales during the peak season, Mirissa is one of the key places to go watch a blue whale. The availability of krill, the small shrimp whales feed on, is one reason for the pervasiveness of the mammals in this region.
However, according to K.C. Ranil of Raja & the Whales, a whale and dolphin watching operator that promotes responsible whale-watching, the chemical release from the 2021 X-Press Pearl disaster has affected the krill populations, inadvertently impacting the favourability of the Mirissa area to whales that feed on them.
In 2009, an average of four blue whales could be spotted per day throughout the year, he said, adding that the whales had been pushed further off shore beyond 400-500 nautical miles.
Sri Lanka is a leading whale-watching destination and this attracts substantial economic benefits through the tourism industry due to the country’s year-round blue whale populations.
“Illegal and unethical whale swimming activity is scaring the whales away,” Ranil said, noting that this was affecting the lives of the whales as well as the ventures that operated within the law. He called for a tourism industry that promoted the protection of these sea mammals, highlighting a need for the proactive involvement of the State sector and regulation bodies in the conservation of these creatures.
While the increased difficulty in spotting whales diminish Sri Lanka’s prospects as a whale-watching attraction, the displays of animal cruelty also reduce the country’s appeal among tourists who seek sustainable and ethical tourism.
Whale-watching tour operators also observed that some tourists on excursions tended to speak out on their platforms upon observing illegal activity by other operators, which damaged the reputation of the entire sector.