Whale approach rules in Hawaii and the United States
A humpback surfaces beside your paddleboard off Maui, close enough to hear the breath, and one thought arrives at once: could I slip into the water? In Hawaii the answer is no. US federal rules keep people, in the water or on it, at least 100 yards from humpback whales, and swimming towards one is not a grey area.
It is a strange moment, because it can feel so natural. The whale is there, the water is warm, you are a good swimmer. But humpbacks are in the Hawaiian Islands for a reason. They come to breed, give birth and nurse their calves. The rule is built around that, and it has been tightened more than once. Here is what it says, how the other Hawaiian rules fit around it, and what a thoughtful traveller can do with the whale season.
What does the Hawaii whale rule say?
The Marine Mammal Protection Act and the Endangered Species Act sit behind a specific approach rule for humpbacks in Hawaii, written into the federal regulations at 50 CFR 216.19. NOAA Fisheries first issued it as an interim rule in 2016 and finalised it in December 2023, effective 22 January 2024. It applies within 200 nautical miles of the Hawaiian Islands.
In plain words, you may not approach within 100 yards (about 91 metres) of a humpback whale by any means. You may not approach by interception either, which means putting yourself in the path of an animal so that it ends up close to you. You may not disrupt a whale’s normal behaviour by any act or omission. Aircraft, including drones, must stay at least 1,000 feet away. NOAA’s sanctuary guidance spells out that the 100 yards applies to a person in the water as well as to stand-up paddleboards, kayaks, canoes, vessels and drones.
| Humpback whales around Hawaii | 100 yards, vessel or person in the water, including by interception |
|---|---|
| Aircraft and drones near humpbacks | 1,000 feet |
| Hawaiian spinner dolphins (within 2 nautical miles of shore) | 50 yards, including swimming with or approaching them |
| Killer whales, inland Washington waters | 200 yards for vessels (2011 NOAA rule) |
Who may do what
The final rule has exceptions, including for government activity and for activities authorised by NOAA, such as research. These exist so that the rule does not block permits issued under the Marine Mammal Protection Act. I searched for a permit category that lets a tour company put paying guests in the water with humpbacks and I did not find one. If a company tells you it holds one, ask to see the paperwork.
The rule is enforced by the NOAA Office of Law Enforcement, the US Coast Guard, and the state of Hawaiʻi’s Department of Land and Natural Resources enforcement division, together with NOAA’s lawyers. More generally, NOAA says it is illegal to feed or harass wild marine mammals, and that it does not support or authorise attempts to swim with, pet or touch them. I do not quote fines here, because I could not confirm the current amounts from an official source.
The dolphin rule is stricter than people think
Many travellers know about the whale rule and miss the dolphin one. Since 28 October 2021, a NOAA rule prohibits swimming with or approaching Hawaiian spinner dolphins within 50 yards, within two nautical miles of shore around the main Hawaiian Islands. It covers people, vessels and objects, including stand-up paddleboards and drones. It also includes “leapfrogging”, which means placing a boat or swimmer in the dolphins’ path so they end up close.
There are exceptions. For example, someone who ends up within 50 yards by accident does not break the rule as long as they make no effort to pursue the animals and move away promptly. If you want to understand how this plays out for hotel dolphin programmes and wild animals, read our piece on swimming with dolphins in Hawaii.
Where we stand
Hawaii in humpback season is one of the great watching experiences on earth, from a boat or from a headland. It is not a swimming destination, and a company promising you otherwise in US waters is promising something federal law does not allow. Ocean Calling runs nothing here, and does not sell a swim anywhere the rules do not clearly allow one.
Our story on Hawaii humpbacks and the 100 yard rule for swimmers looks at the same law from the swimmer’s side.
When to watch, and how
NOAA-linked reports describe the season as roughly November to May, with most whales present from January to March. Scientists estimate that as many as 12,000 humpbacks travel from feeding grounds off Alaska to breed and calve in Hawaiian waters, a number that changes from year to year. Whales may also be seen in small numbers outside those months.
Watching from the shore is free, and often the best. A headland on a calm morning, patience and a pair of binoculars can show you tail slaps, breaches and the soft blows of a mother and calf. Licensed boats that follow the 100 yard rule give a closer feeling without chasing. When you choose one, ask how the captain handles a whale that surfaces close, and listen for an answer that is about giving the animal room.
Wildlife encounters are unpredictable. Whale watching should always follow local regulations and experienced professional guidance.
The conservation layer: space is the protection
Calves in Hawaii need to rest and nurse. I do not have a precise figure for how much a disturbance costs a mother or her calf, so I will not give one. What the law reflects is a precaution that makes sense to me. If the animal has no reason to flee, move or hurry, it can spend its energy on the calf. Staying out of the way is a kind of conservation that anyone can do for free.
On the water, a mineral sunscreen applied well before you board is kinder than a rush at the dock. A low-volume mask and snorkel is for the reef and the fish, not for whales, because those 100 yards apply to you too. If you snorkel in Hawaii, check the current local rules for the beach you choose.
If this made you curious about meeting the ocean in a way that respects the animals, you can explore our upcoming retreats.
Questions people ask
Can you swim with humpback whales in Hawaii?
No. Federal rules (50 CFR 216.19) prohibit approaching humpback whales within 100 yards by any means, including a person in the water. I did not find any permit that allows tourist swims.
How far must boats stay from humpback whales in Hawaii?
100 yards, and aircraft including drones must stay 1,000 feet away. Rules can change, so check the current NOAA page before you go.
Is it legal to swim with wild dolphins in Hawaii?
Not with Hawaiian spinner dolphins. A NOAA rule in force since October 2021 prohibits swimming with or approaching them within 50 yards, within two nautical miles of shore around the main islands.
When is humpback whale season in Hawaii?
NOAA-linked reports describe it as roughly November to May, with the most whales from January to March. Whales can appear in small numbers outside those months.
What if a whale comes close to me by itself?
I did not confirm how the whale rule treats an animal that approaches you by itself. For spinner dolphins, an accidental approach is an exception only if you make no effort to pursue and move away promptly. The same spirit is sensible with whales: do not swim towards it, and move away calmly.
Does the 100 yard rule apply to drones and paddleboards?
Yes. NOAA’s sanctuary guidance says the limit applies to people in the water, stand-up paddleboards, kayaks, canoes, vessels and drones.
Wildlife encounters are never guaranteed and never forced. Ocean Calling works only with vetted, ethical local operators, and every animal is free to approach, or not, entirely on its own terms.
Sources & further reading
- NOAA Fisheries. Approach regulations for humpback whales in waters surrounding the islands of Hawaii under the Marine Mammal Protection Act.
- 50 CFR 216.19, approach regulations, Hawaiian Islands humpback whales. Legal Information Institute, Cornell Law School.
- NOAA Fisheries. Final rule: approach regulations for humpback whales in waters surrounding the Hawaiian Islands. Federal Register, 21 December 2023.
- Hawaiian Islands Humpback Whale National Marine Sanctuary, NOAA. Regulations.
- Hawaiʻi Department of Land and Natural Resources, DOBOR. Humpback whale approach regulations effective January 22, 2024.
- NOAA Fisheries. Final rule to prohibit swimming with and approaching Hawaiian spinner dolphins, 2021.
- NOAA Fisheries. Final rule on vessel approach to killer whales in inland waters of Washington State. Federal Register, 2011.
- NOAA Fisheries. Frequent questions: feeding or harassing marine mammals in the wild.
- NOAA Office of National Marine Sanctuaries. Season of Sanctuary, 2022.
Further reading on Ocean Calling: All destinations and the rules that apply · Humpback whale in the Ocean Atlas · United States in the Ocean Atlas · More from the journal
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