Too close?

Although outstanding, Duncan Murrell's photograph of a feeding humpback whale in Alaskan waters ["The Natural Moment: Bubble Feast," 5/03] troubled me. The image and its accompanying text suggest it is acceptable to closely approach whales and other marine mammals. That is not the case.

The Marine Mammal Protection Act of 1972 requires those who "take" or "harass" marine mammals in U.S. waters to have a permit for doing so. The act treats commercial and educational photography as "level B harassment," and regulates it the same way it regulates research. Because humpback whales are an endangered species, additional regulations established in 2001 make it unlawful for anyone to come within less than 100 yards of these animals unless authorized to do so.

Jennifer Burns

University of Alaska

Anchorage, Alaska

DUNCAN MURRELL REPLIES: It is unfortunate that the law does not distinguish between low-impact kayaks and massive cruise ships, and that the whales are not conversant with the regulations and persist in approaching me closer than 100 yards. The encounter described was a freak incident, the result of the animal's approach without warning.

In my twenty years of kayaking in the presence of humpback whales in Alaska, I have never witnessed any perceivable change in their behavior patterns. That is in sharp contrast to the way I've seen them respond to motorized vessels--even if those boats remain outside the regulation distance and even if the people on board have research permits.

I stopped using boats with engines many years ago because I wanted to observe and photograph the whales for my educational work without disrupting their normal activities. (I do presentations for the Whale and Dolphin Conservation Society.) I think the sea would be a far better place for all creatures if more people followed this approach.

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