UPDATE: The City has clarified that the law applies specifically to whales.

Don’t approach whales. That’s the call of City of Cape Town staff to residents and visitors, following an increase in complaints regarding this. The MMC for Spatial Planning and Environment, Jason Love says it’s against the law to approach any whale within 300 metres of the shoreline.

Don’t approach whales

Love’s reminder stems from the high number of complaints received last week of people approaching whales within a few meters on a number of Cape Town beaches. He says City Personnel and officials from the National Department of Forestry, Fisheries and Environment will actively enforce these laws.

MMC Love says they are aware of social media posts of people purposefully approaching whales on kayaks and surf skis, and boats and even swimming out to them.

Love says such acts disturb these sea animals. He says it can also affect their feeding patterns and is especially impactful on moms with calves. He has called on people to respect the City and the Country’s environmental laws.

A variety of whale species a variety of whale species

According to a City Spokesperson, the City has a variety of whale species that occur along its coastline all year round. This year has seen very 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 supergroups are expected to come to the Atlantic Seaboard from this month until February next year. Several Southern Right Whale mother-and-calf pairs are also being seen in places like Fish Hoek.

READ MORE: Cheeky dolphins chase beachgoers from the waters

The City’s Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment, Alderman Eddie Andrews said, “Cape Town is extraordinarily blessed with a very rich marine environment that supports a wide range of marine species, many consider to be iconic and charismatic.”

Lodge complaints

If members of the public wish to lodge complaints or report sightings of people harassing marine life, they can do so by emailing Gregg Oelofse, Manager: Coastal Management, Environmental Management on Gregg.Oelofse@capetown.gov.za

More about the City’s Coastal Bylaw

The City’s Coastal Bylaw (Section 7,3) further 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. (Excerpt from the City of Cape Town.)

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).