Just a "granola eater" attempting to clarify one issue - what is law and what is a rule
Taken from the national marine manufacturer's association web site (a pro-power boating group) -
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Current Law - The Marine Mammal Protection Act (MMPA) prohibits the “taking” of marine mammals except under a very narrow set of exemptions. Taking includes the harassment of marine mammals, which the MMPA defines in two categories. Level A harassment is the “potential to injure” a marine mammal; Level B harassment is “the potential to disturb” a marine mammal by causing “disruption of behavioral patterns.” Since 1997, NMFS has used generic sound exposure thresholds to determine if an “acoustic take” has occurred under MMPA. This new rulemaking effort is an attempt by the agency to develop “new science-based thresholds to improve and replace the current generic exposure level thresholds.”
The definitions of harassment in the MMPA have resulted in much confusion for both regulatory agencies and the regulated community. The lack of clarity surrounding the statutory definitions of harassment means that potentially any activity by recreational boaters could be construed as harassment. Within the context of recreational boating and boat engine noise, this lack of clarity becomes more acute. Preparing more specific guidelines which operate under the current definitions does not correct the fundamental lack of clarity in the MMPA. In 2000, the National Research Council determined that the intent of the MMPA was never to regulate activities that result in minor behavioral changes, but rather activities which cause “meaningful disruptions to biologically significant activities,” and made recommendations to clarify the MMPA to that end. The U.S. Commission on Ocean Policy has endorsed this recommendation...
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The article goes on to discuss the difficulty in determining threshhold for noise etc. that "will cause meaningful disruptions to biological activity".
Not saying what is right or wrong or even what I believe - just pointing out that the LAW not RULE specifically prohibits harassment of marine mammals and that harassment is not clearly enough defined at present to determine what is and is not breaking federal law. Certainly, the extremes are easy to define - trying to herd whales into a group with your C-Dory would be considered harassment by any reasonable person and having a whale visit you when you are at anchor would not be. Putting oneself in a position where your drift might carry you over the top of a whale or near a group of whales seems squarely in the grey area to me.... Ditto for motoring into the general vicinity of a group of whales and then cutting the engine. Given the lack of clarity in the definition of harassment, it might be wise to err on the side of caution and intentionally keep a good distance from the whales. You never know if the enforment officer and judge that you run into will be a left-wing, liberal granola eater (like me) or a red-neck who'd be happy to share a piece of whale meat with you... ("Tastes like chicken"....By the way, why is it most every non-categorized meat tastes like chicken?

) or someone in between.
Whatever you decide to do, recognize that there is a federal law the prohibits harassment and that someone (hopefully a reasonable person) will define harassment when they write you a ticket or see you in court.
That said, I too love seeing whales when I'm on my boat and have never really seen one close up.
Roger on the SeaDNA