"Larry Dighera" wrote in message


Since the beginning
of the year, the National Oceanic and Atmospheric
Administration (NOAA) has documented several
private aircraft off the coasts of Georgia and Florida
circling in close proximity to right whales, which are
a critically endangered species in the baleen whale
family.
...

Apparently the author of the above article that appeared on page 28 of
FAAAviation News May/June 2008, Ms. Susan Parson, overlooked Title 50
Code of Federal Regulations section 224.103(c))(iv):

(iv) Paragraphs (c)(1) and (c)(2) of this section do not apply to
an aircraft unless the aircraft is conducting whale watch
activities.

I don't think what she said is contrary to the exception you listed. The
exception applies to folks unaware or uninterested that the whale is below
them.

Is there a formal definition of "whale watch" activities?

Sure. If the only reason you're in the area or loitering in the area is to
see the whale, you're "whale watching". (See the NOAA reference above.) What
else would you call it?

--
John T
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