Protecting Baja California Sur’s cetaceans: Fighting illegal tourism and promoting responsible practices

Baja California Sur (BCS) is internationally renowned for its rich marine biodiversity, especially its whales, dolphins, and whale sharks, attracting tourists from around the world. However, illegal and unregulated cetacean tourism is a serious and growing threat—not only to these marine species but also to local communities, conservation efforts, and the sustainable future of the region.

The problem: illegal and unregulated activities

Around 25% of the world’s cetacean species are currently threatened with extinction, facing pressures such as habitat loss, pollution, climate change, and disruptive human activities—including unregulated tourism. Despite clear Mexican federal laws, including NOM-131-SEMARNAT-2010 and the General Wildlife Law, illegal whale watching operations persist in Baja California Sur. Key illegal or harmful activities include:

Offering whale watching in unauthorized zones or outside the official season (official season: December 15–April 15).
Swimming with whales, strictly prohibited throughout Mexico.
Use of spotter planes or other aircraft to locate whales, which is banned.
Operations by unlicensed guides who lack certification, do not pay taxes, and offer no support to local communities.

Several popular areas like La Ventana and MagBay remain outside official whale watching designations, enabling unregulated and sometimes illegal excursions to flourish.

Official regulations and best practices

Mexico regulates whale watching through NOM-131-SEMARNAT-2010 and requires that:

All whale watching boats must hold a non-extractive tourism permit issued by SEMARNAT, granting legal authorization to operate in specific areas during set seasons.
Operators must fly the official whale watching flag, issued annually by SEMARNAT, clearly showing they have valid permits. This flag must be displayed while operating.
Captains or / and guides must hold the NOM-09 certification, ensuring they’re trained in whale watching best practices and wildlife protection.
Operations are only allowed in officially designated areas, including:
- Ojo de Liebre Lagoon
- San Ignacio Lagoon
- Adolfo López Mateos
- San Carlos
- Bahía Magdalena
- Santa María
- Magdalena Islands
- Loreto Bay
- Cabo San Lucas
Vessel distance and approach rules:
- Boats under 10 meters must stay at least 60 meters from whales.
- Boats over 10 meters must keep at least 80 meters distance.
- Boats without permits must maintain at least 800 feet (~244 meters).
- Only a maximum of 4 boats can approach the same whale or group.
Speed limits apply: maintain a constant cruising speed under 9 km/h (5 knots) and never faster than the slowest whale in the area.
Approach whales from the side or slightly behind, never head-on or encircling.
Swimming, snorkeling, kayaking, jet skiing, scuba diving, or towing objects near whales is forbidden.

Authoritative enforcement ensures these guidelines minimize disturbance and protect cetaceans' natural behaviors.

Consequences of illegal Practices:

Illegal whale watching harms cetaceans and communities:

Behavioral stress: Whales disturbed repeatedly may reduce feeding and resting, change migration routes, or avoid critical habitat.
Threat to vulnerable groups: Mothers with calves are especially sensitive; disturbance risks calf survival.
Economic drainage: Non-local, unlicensed guides often evade taxes and do not reinvest in local communities.
Tourist risk: Untrained operators endanger visitors.
Environmental damage: High boat traffic and noise degrade marine ecosystems.

Enforcement and challenges

Enforcement is more robust inside Marine Protected Areas (MPAs) like the Vizcaíno Biosphere Reserve and Bahía de Loreto National Park.
Unregulated zones such as Magbay and La Ventana see higher illegal activity due to weak oversight.
Authorities impose fines, suspend or revoke permits, and pursue legal action when possible, but limited resources and competing priorities hamper consistent enforcement.

The Nakawe Project & “Wildlife Over Likes” campaign

Due to the rise of influencers and operators promoting illegal and harmful wildlife interactions, including some major brands and freediving personalities, the Nakawe Project launched the “Wildlife Over Likes” campaign. This campaign calls for:

Prioritizing animal welfare over social media fame.
Rejecting tours offering swimming with whales or those using spotter planes.
Supporting licensed operators who follow legal regulations and local conservation efforts.
Raising public awareness on the damaging consequences of illegal tourism.

We are deeply concerned that prominent brands and figures in freediving communities continue to promote activities that harass cetaceans and undermine conservation. Many individuals profit from these unethical tours rather than supporting protection efforts.

How you can help: Choose responsible tourism

Book only with SEMARNAT-authorized operators who display the official whale watching flag.
Confirm that captains and guides hold the NOM-09 certification.
Ensure the tour respects distance, speed, and vessel limits.
Avoid any tours offering swimming with cetaceans or aerial spotting.
Support local guides who contribute to community welfare and conservation.
Report illegal activities and unpermitted tours to PROFEPA.

Encountering the whales and dolphins of Baja California Sur is a privilege that demands responsibility. Ethical, regulated tourism protects these magnificent species and benefits local communities.

If you want to visit Baja California Sur and be part of legal, sustainable, and regenerative cetacean tourism, please contact our team. We are happy to help connect you with responsible operators and support unforgettable experiences that respect wildlife and nurture conservation.

Together, we can keep Baja’s marine life thriving—putting Wildlife Over Likes.

The dark side of cetacean tourism in Baja California Sur, Mexico