Islanders and Pacific Whale Watch Association members have long been protective of local whales and proactive in their attempts to ensure these wild animals stay just that – wild. With hobby drones becoming more popular the PWWA is already taking steps to regulate the use of these Unmanned Aerial Vehicles around orcas and other wildlife.

“We don’t know for a fact if flying a drone over a whale is disturbing their behavior,” said Michael Harris, PWWA director. “But let’s not make the mistake of saying, ‘We don’t know so we should just do it.”

The problem areas are not with experienced, legal research drones but with “hobby drones” flown unpermitted by operators who may not understand the dangers of getting too close to the whales.

“As a research tool, we love drones. When we are using professional drones, what they can communicate to us is invaluable,” said Harris. “But a million hobby drones were sold over Christmas, just in the United States. That’s not what is being used by researchers.”

Professional drone pilots, with permits, are often used to collect data and conduct research on whales. Drones as research vessels provide a new realm of study for orcas, who spend 95 percent of their lives under water, according to Harris.

“The opportunity for research from above, to see down into the water, allows us to see things we can’t from boats,” said Harris. “We can see better if the whales are healthy, food-stressed or pregnant. We get a glimpse into their underwater lives.”

Research purposes aside, amateur UAV operators and photographers have recently begun flooding the whale watch market in California, selling drone footage to tourists and passengers, according to Harris. “We work very hard to stay 200 yards away and most passengers understand, largely because of our marine educators,” said Harris. “But if people see drones buzzing around the whales, invading their space, they won’t understand.”

Right now a grey area exists around the use of drones by amateurs – no law specifically mentions UAV use regulations. When a Washington photographer was ticketed over $1,000 earlier this year for flying his drone within 30 feet of a local orca pod in Haro Strait, he was able to get his fine dropped in court due to vagueness of the current laws.

“The holes in the law allowed this guy to drive through it like a truck,” said Harris. “Those holes need to be closed.”

PWWA has been advised to treat UAVs as they would treat any manned vessel which means following Whale Wise Guidelines: staying at least 200 yards outside the perimeter of a whale or pod and no less than 400 yards within the path of a traveling pod. In striving to be a progressive association, Harris and the rest of the PWWA members (including 36 whale watching businesses in Washington and B.C.) have agreed to a policy stating they will not allow drones to be part of the whale-watching experience.

“Even if it’s determined that drones over whales doesn’t alter their behavior, it changes the perspective of why we give them space,” said Pacific Whale Watch Association Executive Director Michael Harris. “This is not Sea World. We give people an opportunity to view whales in the wild being whales.”