Whales harassed by jet ski in Shellharbour

I recently visited Shellharbour as a tourist and was privileged to view humpback whales from the coastline. But for the whales seeking sanctuary in this harbour during their southern migration, I found that their space is not always respected. This is my experience.

It's early October, and a contingent of long lens photographers are beginning to gather at Bass Point in Shellharbour when I arrive at the Reserve. They clearly know each other, with the mood cheerful.

Large cameras sit atop tripods. Camp chairs on a grassy hill facing the shimmering ocean are occupied. A photographer is chatting to a lady about wind direction and I'm eager to eavesdrop. I have heard that whale watching can be an exercise in persistence, but I get word that a whale is out there and I catch my first glimpse.

I do not have to wait long to witness my first breach, as my binoculars train on an energetic calf twisting and backflipping high into the air, coming down with a splash. It is exciting, exhilarating, an unscripted yet showstopping wonder of nature.

The calf continues to play and gradually moves away under water with its mother. I move along too, diligently following some photographers down the hill, as they happily answer my whale questions. I am on the rock shore line when the calf pops up again. Cameras start snapping like papparazzi.

A Jet Ski type watercraft moves rapidly from the direction of the marina towards the whales a distance off Bass Point. I wait for it to stop to respect the exclusion zones, which authorities define as 100 metres or 300 metres for a whale with calf. The Jet Ski does not stop for either of those metrics. 

The Jet Ski, with one passenger, moves quickly to within metres of the whales, a calf and its mother, as both riders pull out mobile phones. The Jet Ski circles and then moves away and then circles back as a whale breaches, missing the Jet Ski, and the vehicle circles again, arguably tormenting these creatures, and unmistakably breaking the law as it is defined. 

The NSW National Parks and Wildlife Service define harassing and chasing of whales as illegal activity that should be reported. I watch in disbelief, and wonder about the whale mother's stress levels.

I am unfamilar with whale behaviour, but I overhear a bystander comment that the continuous splashing and lunging is likely the whale trying to establish a boundary. It is explicitly uncomfortable to watch, as I look to the marina expectantly for the arrival of some type of marine authority who I imagine monitor their waters in the harbour, on a long weekend during school holidays, during a whale migration, who could speed over to provide some sanctuary to these whales. Protected whales.

Commendably, around me, the photographers are clicking away, taking footage, recording evidence. There is commentary from many bystanders that suggests this is a frequent occurrence with some Jet Ski riders. All are capturing the licensing details, discussing the extent that the law is being broken. For my part, I helplessly video and audio the incident on my mobile phone. 

An event that needs capturing, evidently, as I later discover the reporting system can rely on bystanders recording and reporting a minimum of 30 seconds of footage of harassment, including vehicle licensing.  

Back in my home town, I consider the importance of enforcement when it comes to marine life protection laws. Can more be done to protect humpback whales? Because as I watched that Jet Ski return to the marina, it struck me that the rider wore the confidence of someone who regularly torments marine life. A good argument for on the spot enforcement of laws for those lack basic common sense in those situations, or respect for marine life, or the law.

Elizabeth Neil is a freelance writer who travelled to Shellharbour as a tourist.