Tourists 'break the rules' diving with humpback whales in Tonga - ABC News & Headlines – Australian Broadcasting Corporation

There are concerns tourists travelling to Tonga to swim with whales are flouting rules by touching and diving with them. (Supplied: Lorenzo Fiori )

Every year, humpback whales swim thousands of kilometres from Antarctica to the warm waters of Tonga's Vava'u Islands to give birth.

And each year, thousands of tourists travel to Tonga to witness the spectacle.

Like many others, he's not just there to watch the gentle giants, but to swim alongside them.

Tom Dobe is one of the thousands of tourists who travel to Tonga to swim with whales. (ABC News)

"It's like a treasure to see all this biodiversity and all these whales. I'm feeling lucky that I get a chance to see it," he said.

Tonga is one of the few places in the world where swimming with whales is permitted.

The experience draws about 20,000 tourists to the kingdom annually, generating about $12 million in revenue a year.

But as the industry has grown, so too have concerns of exploitation.

Videos on social media, seen and verified by the ABC, appear to show foreign-owned whale-watching firms flouting rules by allowing tourists to touch the animals and dive with them.

While swimming is allowed, diving is not.

Tonga's government has confirmed that multiple operators have been warned about breaching regulations, while its tourism body has come under fire for issuing too many licences.

Marine experts warn that even swimming with the mammals can have detrimental consequences, with one saying the practice could harm the sustainability of the whale population.

Tonga has numerous rules around whale watching, including not touching or diving with the mammals.

But videos posted on Chinese social media appear to show tourists breaking these rules.

One video seen by the ABC promoted free-diving tours, with 12 trips advertised for this year alone.

Videos posted on Chinese social media appear to show tourists flouting rules about touching or diving with whales. (Supplied)

Local skipper Vili Vaipulu, who owns and operates his own whale-watching business, said the videos created confusion for tourists.

He said such advertising also made it harder for local skippers who work for foreign operators to enforce the rules when tourists were promised certain experiences.

"I also feel sorry for the tourists because when we tell … [our customers] diving is not allowed, they say they were told it was allowed.

"[Customers] lose money because of that."

Humpback whales are now one of Tonga's biggest drawcards, with about 2,000 visiting each year. (Supplied: Lorenzo Fiori)

Mr Vaipulu said the breaches also extended beyond what happened in the water.

He said he had witnessed one foreign operator overload its vessel to fit more people on board, and others had operated on Sundays, breaching the Tongan constitution, which explicitly forbids practising any trade, profession or commercial undertaking on that day.

"In situations like that, I feel sorry for the skippers," he said.

Lemoto Faka'osi, director of the Ministry of Tourism Vava'u, said multiple operators had been warned about breaching regulations.

Among them was the Elim Hotel, which had its licence suspended for six weeks and its fleet reduced to one boat after guests posted online footage of themselves diving with whales.

The Elim Hotel had its licence suspended for six weeks and its fleet reduced to one boat after flouting whale watching rules. (ABC News)

Elim's manager, Lepolo Foliaki, said its guests were to blame for the breaches.

"Diving down underwater is prohibited, but they did it.

"What we learned is that my boss, who does the advertising, must make sure the advertising is truthful and clearly states that diving down underwater is prohibited."

Elim's manager, Lepolo Foliaki, said its guests breached whale watching rules. (ABC News)

Once hunted to the brink of extinction, about 2,000 humpback whales now visit Tonga's waters each year.

Whale watching restrictions date back to 2006, when the Tongan government capped licences at 13.

By 2020, that number had risen to 20, with the latest list showing 25 licensed operators in Vava'u alone.

Tourist numbers have also grown, with the most recent data showing whale watchers had doubled between 2006 and 2019, from 9,804 to 20,018.

Mr Vaipulu said he was worried that growing numbers of boats and swimmers were crowding whales and their calves.

"Sometimes, while a mother is nursing her calf, some people swim over just to watch the calf feeding because they are curious about it," he said.

Lorenzo Fiori says mothers can spend up to three times longer under water when tourists are swimming with them. (Supplied)

An Auckland University of Technology study found that mothers can spend up to three times longer underwater when tourists are swimming with them.

Lorenzo Fiori, who conducted the research in 2019, found low levels of compliance with Tongan regulations.

"We found that whale resting time between interactions with boats and swimmers was often disregarded," he told the ABC.

Karen Stone, environmental protection director at the Vava'u Environmental Protection Association, said swimming with whales could disrupt their natural behaviour.

"These behaviours are critical to the sustainability of the population, and so if those are disturbed, it can disturb the ongoing sustainability," she said.

Karen Stone says swimming with whales can disrupt their natural behaviour. (Supplied)

Amid the alleged breaches, a group of locally based operators challenged the Tongan government in court over the licenses.

Among them is Alistair Coldrick, who argues the government has not followed its own regulations.

"It says that it should be in the interest and conservation management or protection of the whales that a licence be issued," he said.

Lemoto Faka'osi is the director of Tonga's Ministry of Tourism Vava'u. (ABC)

"So clearly throwing more and more licences out there is going to apply more and more pressure to the whales."

The ABC has put questions to the Tongan government but has yet to receive a response.

Mr Vaipulu, who has been conducting whale-watching tours for 20 years, said he believed overcrowding by tourists was pushing the whales further out to sea.

And he is worried about the future of the industry.

"They used to swim around inside, [and] closer to, the harbour and the islands," he said.