"Larry Dighera" wrote in message


I wrote and asked her about the published exception in the regulation
she cited, but has not yet received a response from her.

I very much doubt you will.

We obviously differ in our inference of the meaning of the exception
cited in (iv) above. I see no mention of "unaware or uninterested
that the whale is below them." anywhere in the entire regulation Title
50 Code of Federal Regulations section 224.103, so I'm wondering how
you reached your conclusion.

Simple logic, Larry. The point of such restrictions is to limit the
disturbance to endangered animals. Flights hovering overhead or repeatedly
passing over the animals could stress them or cause them to take (perhaps
dangerous) evasive maneuvers attempting to get away. When you re-read the
exclusion you quoted you'll see the rules apply only to those aircraft
engaged in whale watching (or even your dreaded "whale watch") and I'm
pretty sure the pilot of a whale watch/watching flight would know he's on
such a mission.

It is the wording "whale watch" as opposed to 'whale watching' that
leads me to believe there may be a formal definition of the term, or a
formal permitting process to which it refers.

See above. Your assumption only reinforces my point that folks on such
missions would know they're on such missions and the rules you cited would
apply to them - not to the transient pilot travelling from Point A to Point
B.