The City of Cape Town would like to remind all residents and visitors that it is strictly against the law to be within 300m of any whale. This includes by definition a person, vessel or aircraft, including drones. Further, the law makes it clear that should a whale approach you or surface near you, you are required to immediately move away from the whale to a distance of at least 300m. This reminder stems from the high number of complaints received last week of people approaching whales within a few meters in Cape Town’s coastal waters. The City, along with the National Department of Forestry, Fisheries and the Environment (DFFE) will be actively enforcing these laws.

‘In the past week, we have received 11 complaints of people harassing whales. We are also aware of social media posts of people purposefully approaching whales on kayaks and surf skis, boats and even swimming out to them. Such acts disturb these sea animals. It can affect their feeding patterns and is especially impactful on moms with calves. Let us please respect our environmental laws. Cape Town is extraordinarily blessed with a very rich marine environment that supports a wide range of marine species, many considered to be iconic and charismatic,’ said the City’s Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment, Alderman Eddie Andrews.

The City has a variety of whale species that occur along its coastline all year round. This year, we have seen high numbers of humpback whales close to shore, both in False Bay and along the Atlantic Seaboard. This is a normal occurrence for this time of year and super groups are expected to come to the Atlantic Seaboard from now until February next year.

A number of Southern Right Whale mother-and-calf pairs are also being seen in places like Fish Hoek.

The laws that prohibit interacting with or harassing environmental species fall under the Threatened or Protected Species Regulations under the National Environmental Management Act (NEMBA).

In addition, the City’s Coastal Bylaw (Section 7.3) also states that: Unless the City grants written authorisation, no person may within the coastal zone interfere with, cause damage to, collect, harvest, impede, harm, harass, hunt or restrict a living or dead wild animal or plant, or displace, disturb, destroy or remove its habitat, provided that reasonable activity in relation to the listed actions together with catching of fish in tidal pools by children in the ordinary use or enjoyment of the beach area is not prohibited.

Any person wanting to lodge a complaint or report sightings of people harassing marine life, can do so by emailing Gregg Oelofse, Manager: Coastal Management, Environmental Management on Gregg.Oelofse@capetown.gov.za