Is Swimming with Sperm Whales in Mauritius Legal? What You Need to Know Before Joining a Tour

On April 15, 2024, Taiwan's Ministry of Foreign Affairs raised the travel advisory for Mauritius to an "Orange Alert," advising citizens to avoid non-essential travel. The first point of the advisory states: "Mauritius law explicitly prohibits any person from entering the water to swim with whales. The Ministry of Foreign Affairs reminds travelers visiting Mauritius to respect local laws and regulations and not to risk breaking them."

Taiwan's Ministry of Foreign Affairs has officially announced that swimming with whales in Mauritius is prohibited.

At the same time, footage of swimming with sperm whales in Mauritius remains one of the hottest topics in the ocean-lover community. Photos show divers descending underwater, gazing up at pods of sperm whales; others show people dressed in mermaid tails gliding alongside the whales. Mauritius has been dubbed a "guaranteed sperm whale destination," drawing divers from around the world on photography tour packages just to capture stunning images — or to check "swimming with whales" off their bucket list.

Yet behind the excitement of joining these tours lie many unknowns. Once on the ground, travelers discover that it's not only Taiwanese visitors — tourists from all over the world participate in whale-watching and whale-swimming excursions. Some travelers have even reported hearing that "there are no relevant restrictions locally," leaving the information landscape extremely confusing.

So can you or can't you swim with whales in Mauritius? the Editor spoke with cetacean photographer Zola — who has legally applied for permits to photograph sperm whales in Mauritius — to share what she witnessed firsthand and her experience chasing whales around the world. the Editor also consulted Jin Lei, Taiwan's first cetacean photographer, and has compiled an overview of whale-watching regulations in other countries.

Where Is Mauritius?

Mauritius is located in the Indian Ocean, southeast of Africa and east of Madagascar. Like the Maldives, it is counted among the "Three Jewels of the Indian Ocean," and its area is roughly comparable to that of New Taipei City.

Other Information about Mauritius

Taiwanese nationals enjoy a free visa-on-arrival with a stay of up to 60 days.
The island has been named "World's Best Beach" at the World Travel Awards.
Famous attractions include the underwater waterfall illusion and the Seven Coloured Earths.

Why Has Mauritius Become a Dream Destination for Ocean Enthusiasts?

Are you a fan of "big animals" too? The sperm whale — the largest toothed whale on Earth — is the dream big-animal encounter for many divers! The sperm whales found in the waters surrounding Mauritius are "resident" individuals, meaning they can be spotted virtually year-round, with opportunities to observe their social group dynamics. In March and April, for example, sperm whales are in their calf-rearing period, and the group moves at the pace of the slower-swimming calves.

Sperm whales have a long, cylindrical body with a head that accounts for roughly one-third of their total length. Adult male sperm whales measure approximately 15–18 m in length; adult females approximately 9–12 m. Listed as Vulnerable (VU) on the IUCN Red List, sperm whales are long-lived and slow to reproduce. Combined with large-scale hunting during the whaling era, their numbers remain limited — making them all the more coveted by ocean enthusiasts hoping to see them swim in the wild.

Mauritius also offers a wide range of water activities, including a popular "swimming with dolphins" excursion, though for the sake of scope, this article will not focus on that.

Can You Swim with Whales in Mauritius?

As noted at the beginning of this article, the Ministry of Foreign Affairs advisory states that "Mauritius law explicitly prohibits any person from entering the water to swim with whales." We also located the original regulatory text, which clearly states: "no person shall swim, dive or snorkel with a whale."

How Can One Legally Swim with Whales in Mauritius?

To legally swim with or photograph sperm whales in Mauritius, a formal application must be submitted. the Editor interviewed Taiwanese cetacean photographer Zola to learn about her actual experience with the application process. Zola spent an entire year applying before receiving approval, and then had to individually contact various Mauritius government agencies — such as the Tourism Authority and the Fisheries Division — to confirm her compliance with all regulations and obtain their endorsement before she was truly considered legally qualified.

Even after approval, strict rules must be followed. the Editor reviewed the permit obtained by Zola, which runs to nearly 30 conditions. One of them states: "filming activities shall not include any ecotourism or commercial activities." Here are three of the regulations governing cetacean photography, selected by the Editor to share:

Boat operators must be hired and every person going out to sea must pass a vetting process. (Changes are not permitted arbitrarily — any changes require a new application submission. This differs greatly from the common commercial tour group model, where participants can be swapped in or out at will.)
Prior to filming, participants must check in at the nearest fisheries station and submit GPS coordinates.
No more than six underwater divers or swimmers at a time.

Mauritius Law Explicitly Prohibits It — But What Is the Reality on the Ground?

You've probably seen plenty of beautiful photos on social media of people swimming with sperm whales in Mauritius — but do you think every single group of tourists spent a year applying for a permit? We have no answer to that.

Although the law explicitly prohibits it, lax enforcement has weakened its deterrent effect. Local tourism and dive operators ignore the regulations and openly recruit tour groups. Dive trip groups from Taiwan, despite having no permit, have had no trouble finding local operators willing to run the tours.

That said, some operators do show greater animal welfare awareness — offering thorough pre-trip briefings and approaching the whales in a cetacean-friendly manner, such as having the boat maintain a parallel distance from the sperm whales for an observation period before quietly sending divers into the water to swim toward the whales on their own. However, Zola also noted that on one occasion, when marine police appeared on the water, all the boats retreated to the periphery and dared not approach the whales — let alone enter the water to swim with them. This makes it clear that the legality of the many "whale-swimming tours" and "photography tour packages" that operate routinely remains highly questionable.

Beyond the issue of illegal cetacean photography and whale-swimming, whale-watching boats themselves are a major source of disturbance to cetaceans. Zola witnessed two boats sandwiching a sperm whale and speeding alongside it, and scenes of dozens of boats surrounding a sperm whale — which appears to be an everyday occurrence in the area.

Even if enforcement is lax and you are not fined, that does not mean you are acting legally.

For tourists, this may feel like something of a dilemma. Beyond Taiwanese visitors, many Western tourists also purchase whale-watching excursions advertised as legal and cleared for in-water activities, happily joining tours to get close to sperm whales without realising there may be legal concerns.

Truly protecting sperm whales will require the Mauritius government to enforce its laws rigorously — and to impose real penalties — as well as to provide clearer signage and public education about the prohibition on swimming with whales, eliminating gray areas. It is not enough to rely solely on tourists' self-discipline or moral judgment.

The Mauritius Photography Tour Controversy Comes Full Circle

The disorder caused by violations of local Mauritius law provoked a backlash from local residents, who filed complaints with relevant Mauritius authorities. In response, the Ministry of Foreign Affairs issued a travel advisory, and the Tourism Administration of the Ministry of Transportation and Communications also sent letters to various travel industry associations, asking them to pass the message on to their member travel agencies: "avoid breaking the law and creating a negative impression of our country."

Beyond Mauritius — How Do Other Countries Regulate Whale Encounters?

If you too are drawn to big animals and are willing to travel the world in pursuit of cetaceans, here is what the Editor has compiled from Jin Lei's whale-chasing experience — focusing on regulations in two recently much-discussed destinations: the Kingdom of Tonga and Japan.

Kingdom of Tonga

The Kingdom of Tonga has strict statutory regulations. At the most basic level, for example, sighting a mother-and-calf pair means diving is strictly prohibited; in other situations, the boat captain and dive guide exercise their judgment.

Additionally, regardless of whether the sighting involves a pair of humpback whales or an entire group, only one boat may approach at a time, and no more than four people may be in the water simultaneously. Any other boats wishing to approach the same group must queue. Most local boat operators, upon spotting wildlife near another vessel, will proactively change course — a testament to how deeply ingrained respect for the animals is among local operators.

Jin Lei sharing whale-watching regulations from various countries at DRT Show

Jin Lei also relayed a quote from local whale-watching operator and boat captain Aunofo Havea: "Humpback whales are not only treasured — like every Tongan, they are part of Tonga. This is a breeding ground, a place for new life to be nurtured and a safe habitat."

"The most important thing about people's interaction with humpback whales is not photography, but respecting all of the Tongan government's regulations and approaching humpback whales in the most appropriate and respectful way."

Amami Ōshima, Japan

There are currently no national-level statutory regulations; the primary framework is the voluntary code of conduct set by the local Amami Whale and Dolphin Association. Selected examples of relevant regulations include:

Approaching a mother-and-calf group by swimming is limited to three times per encounter.
No more than eight people may enter the water at the same time.
Snorkeling is permitted; scuba diving and freediving are both prohibited.
Long fins (freediving) and selfie sticks are prohibited.
Approach cetaceans slowly from behind without impeding their natural movement.
Do not surround cetaceans with multiple vessels.
When cetaceans begin avoiding boats, cease observation.
Do not emit artificial sounds into the water that mimic cetacean calls.
Do not drive whales into inner bays, reef areas, or other confined spaces that restrict their freedom.

Okinawa, Japan

There are currently no national-level statutory regulations; the primary framework is the voluntary code of conduct set by the local Zamami Village Whale Watching Association. The rules apply within 10 nautical miles of the coastlines of Zamami Village and its islands, covering baleen whales and sperm whales. Selected examples of relevant regulations include:

Within 300 m of the target whale is a slow-speed zone. Vessels must reduce speed when approaching and must not obstruct the whale.
Within 100 m of the target whale is a restricted zone. Sharp turns are not permitted; if the whale approaches, the vessel must stop until it leaves the restricted zone.
Observation of a single whale or whale group is limited to two hours.
Observation of a mother-and-calf pair is limited to one hour in the morning and one hour in the afternoon.
Within the regulated waters, entering the water is entirely prohibited, as is emitting artificial sounds that mimic cetaceans.
If contact with whales is necessary for non-profit purposes such as education or research, and compliance with the above regulations is not possible, permission from the Association must be obtained.

The controversy surrounding sperm whale photography tours in Mauritius is not the only such incident: recently, Taiwanese divers were reported diving in pursuit of whales in Okinawa, Japan, drawing the attention of the local association and generating a negative impression of Taiwanese tour groups. One Japanese operator who witnessed the whale-chasing behavior wrote: "It looks like the whales are fleeing because they are being chased by humans. Is seeing a whale fleeing like that really a moving experience?" Those of us who love the ocean and love cetaceans should also be qualified, nature-respecting members of that community.

Note: All photographs in this article are sourced from stock image libraries and do not depict any of the individuals mentioned in the text.

Is Swimming with Sperm Whales in Mauritius Legal? What You Need to Know Before Joining a Tour