/ 17 February 2009

From whale to jail …

Move over poachers. Whale watching in the Eastern Cape has taken over as the hot new eco-crime. No permits to watch whales from boats in the Eastern Cape have been issued for years, which means the captain sailing off into the sunset to show you dolphins gambolling in the ocean might have a pair of cuffs waiting for him once he returns to dock.

Even though the department of environmental affairs and tourism confirmed last week that no whale watching permits have been issued, there is no shortage of offers on the internet offering tourists the opportunity to get up close and personal with whales and dolphins.

Some of these companies are now under investigation, including Lloyd Edwards’s Raggy Charters, Arctic Storm and 3way Ocean Charters. According to 3way Ocean’s web page, they don’t go closer to whales than 300m and therefore do not need a permit. Unlicensed boats must stay at least 300m away from a whale, which means tourists can spy on the ocean mammals only with a set of good binoculars. If a whale surfaces closer, the boat has to make a hasty retreat. Boats with a whale watching permit may go within 50m of the animals.

“We are investigating these operators at the moment and are certainly not turning a blind eye,” said Razeena Omar, chief director of the department’s integrated coastal management. “Those found to be guilty could face a fine up to R800 000 or imprisonment of up to two years.”

But the operators have accused the marine coastal management (MCM) arm of the department of incompetence in handling the permits.

Edwards, one of Port Elizabeth’s most well-known whale watcher operators, said that no permit has been issued for the past six years. He has applied for a licence annually since he started his business 11 years ago, but says MCM has shrugged him off because he does not have a BEE permit.

“What more do I need for a permit?” an angry Edwards demanded. “I will apply for a permit every year and I will not stop my operations till I am arrested and carted off to jail. This is my passion and I will not be deterred by the incompetence of MCM. “What am I to do in the meantime — watch my business go under?” he asked.

Asked why no permits had been issued for several years, Carol Moses, spokesperson for MCM, said the permit system is being “streamlined” and that exemptions are being given to some operators in the interim. Some of the companies under investigation did not receive exemptions because they did not have the right credentials.

Omar said whale watching permits would promote safe eco-tourism through the allocation of an “optimal” number of permits to ensure that boat-based viewing does not threaten the safety of individuals or the well-being of whales and dolphins.

Edwards, a conservationist and South African National Parks official who also helps out with perlemoen patrols for SANParks, said he tried to stay within the regulations as far as possible.

Shaheen Moolla, director of natural resource management advisers Feike, said the department has been lax in acting against the illegal boat-based whale watching activity in the Port Elizabeth area.

“This is significantly damaging South Africa’s international reputation as a responsible eco-tourism destination,” she said, adding that if a whale crashed into a boat, capsizing it, a tourist’s life insurance might not pay out due to the boat ride being unauthorised.

“We will consider approaching the media and even the high court for a mandamus compelling the department to enforce its own laws,” she said.