Whale swimming in Tonga is governed primarily by the 2013 Whale Watching and Swimming Regulations 2013 – which can be found here.

These regulations have been in force since 2013 and continue to be the prevailing legislation that applies to whale swimming today. The main principle that applies to us (and you) is that “no swimmer shall approach any whale closer than 5 metres”. At Tonga Whale Swim Adventures, we are highly supportive of the parliamentary approved rules outlined in the 2013 regulations and believe they strike the right balance between respectful whale interactions and a positive guest experience.

However, in recent years the Ministry of Tourism has sought to introduce new rules on whale swim operators over and above the regulations that parliament introduced through the formal legislation in 2013. In the last couple of years these rules have been introduced by the Ministry of Tourism without parliamentary approval and without consultation from the whale swim operators themselves. The new rules have been introduced at short notice, often only a few weeks before the commencement of the season.

These recently introduced rules apply for 1-year at a time, and as such, we cannot be certain about what rules may or may not apply for the 2026 season at this time. Based on our consultation with government and government stakeholders, we understand that the following rules may apply for 2026:

• No freediving towards whales

• No freediving fins / long fins

• No carbon fibre / fibreglass fins may be used; only plastic fins maximum 70cm

On the whole, the 90% of whale swim interactions occur at the surface with minimal diving. As such, the significant majority of our guests will not be impacted by these potential 2026 rules. However, we understand that some of our guests are avid freedivers and enjoy interactions with these magnificent mammals beneath the surface. If you are a freediver, please reach out to us to discuss how best we can cater for your objectives. The rules and regulations within Tonga are not black and white, and we are open to working with you to find solutions that might meet your needs.

Tonga Whale Swim Adventures works closely with the skipper, whale guides and operators on the ground to advocate for rules that are sensible for respectful whale swims, as well as ensure guests enjoy their experience. We note that many Tongan operators are not supportive of these rules at all, and do not believe they enhance animal welfare. We continue to advocate on behalf of guests to ensure that you get the best possible experience in a respectful and ecologically sustainable way.

Tonga Whale Swim Adventures is actively engaged in field research on the impact of eco-tourism on local whale populations. More information about our research to be shared soon.