BOAT skippers and kayakers could face up to $110,000 fines or two years in jail for intentionally getting too close to whales during the migration season.
Roads and Maritime Services' Trevor Williams said it was illegal for recreational and commercial skippers to get too close to marine mammals.
The warning comes after a group of kayakers allegedly got within metres of a pod of humpback whales off Sydney Heads about a week ago.
Mr Williams said distance guidelines to protect whales and their calves were enforced by RMS and National Parks and Wildlife Service officers.
Intentionally getting closer than 100 metres to a whale or whale pod or mother and calf was an offence with a maximum fine of $110,000 or two years in jail.
Vessels must also travel at a safe speed to avoid distressing or colliding with an animal.
Mr Williams said boat operators needed to be fair in allowing others to view the same pod of whales.
"Only three boats are permitted to be inside the viewing circle - 100 metres for whales and 300 metres from calves - at any one time. For safety reasons, skippers of any other vessels in the vicinity must be reasonable and wait their turn," he said.
Fixed wing aircraft must not approach any closer than 300 metres and helicopters no closer than 500 metres.
Volunteers have been busy recording the number of whale sightings at Cape Solander this season.
A National Parks and Wildlife Service spokesman said spotters had already counted 1329 humpbacks, 15 minkes and one southern right whale for the season so far.
There were 2020 sightings from Cape Solander as of July 28, 2011. The whale count at Cape Solander finishes on Tuesday, July 31.
Have you seen many whales this year?
