As whales migrate up Australia’s east coast in the coming months, drones are hot on their tails. However, experts warn that low-flying drones seeking a viral shot can disrupt the whales’ migration patterns and may even place their mating season at risk.
Grace Russell, a PhD candidate at Southern Cross University who studies marine mammals with drones, said whales had been known to exhibit disturbance behaviours when drones were flown nearby at low altitudes.
It can mean sudden dives, changes in swim direction and increased frequencies of surfacing, she said, which wastes the precious stores of cetaceans making vast migrations with finite energy sources.
While not all studies into the responses of cetaceans to drones showed disturbances, these studies are “thrown out the window” in high-density places such as Sydney where many drones are flown over an animal at once, amplifying disturbance pressures.
“This footage is so hard to see, and unfortunately not a rare occurrence,” Russell said.
The Australian National Guidelines for Whale and Dolphin Watching state that drones may disturb whales and dolphins due to their speed, noise and shadow. Marine mammals are known to lash out when disturbed, and have seriously injured people in the past.
In NSW and Queensland, where whales can be seen migrating from June to November, drones must keep a distance of at least 100m from whales, dolphins and seals, and must not hover above the animals or approach them head-on.
The rules are stricter in other jurisdictions: in SA, Tasmania and WA drones must be at least 300m away while in Victoria they must stay at least 500m away.
In NSW, those who are caught operating a drone closer than 100m to an animal can face fines of up to $3,300.
Experienced drone operators such as Jason Iggleden, who runs social media account Drone Shark App, use high zoom drones and extensively edit their clips to “get a good shot” while filming from a legal distance, he said.
“With a good drone, there is no need to go close because you can get a good shot … but most everyday people just go and buy a cheaper drone and need to get closer than 100m.”
Iggleden said there was a significant rise in the number of drone operators in the last few years, many of whom are unaware of the regulations due to little public education.
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But the increase in drone flyers has made it difficult to police those acting in contravention of the guidelines. A spokesperson from the NSW National Parks and Wildlife Service said it was necessary to both identify the drone operator and establish the elevation of a drone at the time of an alleged incident before penalties are issued.
Iggleden suggested that future laws could change to allow drones, which he described as “still quite new”, to fly closer to the animals. He added that drones were “light and quiet” compared with helicopters, which the regulations were originally designed for.
A Canadian study published in Marine Mammal Science found that sudden dives in beluga whales – a clear sign of stress – were particularly common when the drone was flown below 23 metres in altitude.
In a review of related studies, the authors found that drone disturbance rarely occurred when the drone was flown above 30 metres in altitude, but they also suggested that disturbance of whales via drones was likely underreported.
Wildlife scientist Dr Vanessa Pirotta said the 100 metres guideline is adequate.
In her own study – where she used drones to collect the snot of over 70 whales from a safe distance – there was no behavioural response observed. However, she added: “that’s not suggesting that [on a widespread level] the whales had no idea the drone was there or did know and didn’t do anything”.
“We want to take the precautionary approach. People feel that they need to get as close as can be, but the reality is we can observe whales safely from a distance,” she said.
“We certainly don’t want to add another challenge for whales as they navigate north … it’s very much about keeping whales safe from the water and from the air.”
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