Swim-with-orca tourism: impacts and management responses in the Gulf of California, Mexico

1 Introduction

Marine mammal tourism has expanded rapidly in recent decades, providing economic benefits and opportunities for conservation awareness (O’Connor et al., 2009; Bejder et al., 2022). At the same time, the potential impacts on marine mammals have been questioned (Bearzi, 2017; Bejder et al., 2022). Among cetacean tourism businesses, dolphin-watching (DW) and swim-with-dolphin (SWD) activities are particularly popular in coastal areas, but repeated human interactions have been shown to affect dolphin behavior, reproduction and habitat use (Bejder et al., 2006; Filby et al., 2014; Shawky et al., 2020). While the effects of tourist vessels are relatively well studied (Christiansen et al., 2010; Quintana Martín-Montalvo et al., 2021; Silva et al., 2024), the impacts of direct in-water interactions between people and dolphins remain poorly understood, especially in areas with limited regulation (Rocha et al., 2023).

Swim-with-orca (SWO) tourism is a newer and even less studied activity involving orcas (Orcinus orca). In the Gulf of California, Mexico, SWO tourism has grown in recent years, raising both safety and conservation concerns (Urbán R. and Viloria-Gómora, 2021). In this review, we describe SWD and SWO tourism, highlighting their ecological and management challenges. As a case study, we report on the proposed management plan for the 2025–2026 season in the Gulf of California.

2 Dolphin watching and swim-with-dolphin tourism

DW and SWD tourism typically occur in coastal areas where dolphins are predictable and easily accessible. In recent years, these activities have expanded in several countries, including Mozambique (Rocha et al., 2023), Panama (Sitar et al., 2017) and Egypt (Shawky et al., 2020), where they can provide important economic benefits for local communities. In addition to economic contributions, DW and SWD tourism have the potential to increase public knowledge and promote conservation awareness (Jacobs and Harms, 2014; Cecchetti et al., 2018). Along with their expansion, these activities have raised concerns about their sustainability and the potential impacts on dolphins (Scarpaci et al., 2004; Shawky et al., 2020; Rocha et al., 2023). Moreover, the existence of regulations does not necessarily ensure effective management, and some locations continue to experience high levels of tourism pressure and disturbance to dolphins.

Dolphins may respond to tourism vessels through a variety of behavioral changes, including alterations in activity patterns, swimming speed and direction, group cohesion, vocalizations, and diving behavior (Bejder et al., 1999; Lusseau, 2003; Williams et al., 2006; Martinez et al., 2010; Meissner et al., 2015; Pérez-Jorge et al., 2016; Quintana Martín-Montalvo et al., 2021; Silva et al., 2024). For example, Indo-Pacific bottlenose dolphins (Tursiops aduncus) have been observed to increase the time spent diving and reduce resting or traveling behavior in the presence of tourist vessels, likely as an avoidance response to swimmers and boats (Pérez-Jorge et al., 2017). These impacts may be particularly significant for resident populations, or for populations that show strong site-fidelity (Cecchetti et al., 2018). Long-term consequences reported in some populations include habitat avoidance, reduced reproductive success, and declines in abundance (Bejder et al., 2006; Lusseau et al., 2006; Filby et al., 2014; Pérez-Jorge et al., 2016, 2017). In spinner dolphins (Stenella longirostris), for instance, decreasing abundance has been linked to increasing tourism pressure in important resting areas (Tyne et al., 2014, 2017).

While the effects of tourism vessels on dolphins have been relatively well studied, less is known about the impacts of direct interactions with swimmers. SWD activities sometimes occur without professional guidance or involve large numbers of participants, which can lead to inappropriate behaviors such as attempts to touch dolphins (Rocha et al., 2023). Increased human contact may cause dolphins to lose their natural vigilance and increase their tolerance of human presence, potentially altering natural behavioral responses and increasing their vulnerability to harmful human activities (Carzon et al., 2023). Improving our understanding of these interactions is essential for developing effective management strategies that minimize disturbance to animals (Rocha et al., 2023). This need is particularly important in countries where legislation governing whale-watching (WW) and SWD tourism is recent or poorly enforced (Rocha et al., 2023). Within this broader context, a more recent and still geographically limited development is SWO tourism, which is now emerging in only a few locations.

3 Swim-with-orca tourism

SWO tourism is currently limited to a small number of locations worldwide, with most research focusing on Northern Norway, where seasonal aggregations of orcas feeding on overwintering herring attract increasing numbers of tourists (Similä et al., 1996; Pagel et al., 2017). Here, SWO activities are guided by national voluntary guidelines (NorWhale, 2026) and are limited to snorkeling with orcas that follow herring shoals close to the coast during the winter months. Snorkeling with other cetacean species or at other times of the year is not recommended. SWO activities are only allowed when orcas are hunting, feeding, or moving slowly, and are explicitly prohibited when animals are resting or show evasive behavior. Only one vessel with a maximum of six snorkelers is allowed in the snorkeling zone (20–50 m from the orcas) for each group of orcas, while additional vessels must remain in a designated waiting area (50–300 m from the animals). Snorkeling encounters usually last 5–10 minutes, depending on weather conditions, safety, and the behavior of the orcas, but may extend up to 30 minutes when no other vessels are waiting for their turn. Snorkelers are required to maintain a minimum distance of 20 m from the orcas, remain passive in the water, and avoid any attempts to approach or interact directly with the animals.

Pagel et al. (2021) analyzed opportunistic underwater video footage of swimmers interacting with wild orcas in Norway. Orcas did not show aggressive conduct towards the swimmers, and the most common behaviors observed during the encounters were “calling” and “eye contact”. However, the authors emphasize that these interactions still involve potential risks and require careful monitoring to ensure the safety of both people and animals. More recently, Hale (2025) examined SWO in Northern Norway from a socio-tourism perspective. The study describes how the seasonal presence of herring-feeding orcas has transformed the region into a globally recognized destination for in-water wildlife encounters. The rapid expansion of tourism and the lack of clear regulatory frameworks have created increasingly crowded conditions, with numerous boats and swimmers competing for encounters. Hale (2025) reported encounters in which participants experienced both profound emotional connections with the animals and growing concerns about the potential disturbance caused by tourism pressure.

Overall, the limited number of studies on SWO tourism highlights the need for further investigation into both behavioral responses and long-term ecological consequences. While SWO tourism remains geographically limited, emerging cases outside Northern Norway, such as in the Gulf of California, provide important opportunities to examine how these interactions develop under different ecological and management contexts.

4 Whale-watching and swim-with-dolphins in Mexico

All marine mammals in Mexico are protected under the Official Mexican Standard NOM-059 (DOF, 2002). WW targeting of baleen and sperm whales (Physeter macrocephalus) is regulated by the Official Mexican Standard NOM-131-SEMARNAT (DOF, 2011). The Mexican Pacific, especially, is an important migratory destination for several whale species commonly targeted by WW, including blue (Balaenoptera musculus), gray (Eschrichtius robustus), and humpback whales (Megaptera novaeangliae). The predictable presence of whales, their proximity to the coast, and favorable weather conditions have facilitated the development of WW tourism in the region (Urbán R. and Viloria-Gómora, 2021). Although this growth highlights the economic importance of this industry, it suggests a potential increase in vessel traffic and human presence in whale habitats. NOM-131 establishes operational guidelines for WW activities to reduce disturbance to animals, including minimum approach distances, speed limits, maximum number of vessels allowed near a whale, among others (DOF, 2011). However, no equivalent regulations exist for DW or swimming with whales and dolphins.

Although organized tours involving swimming with whales are not formally advertised, opportunistic interactions have been reported with increasing frequency, and SWD experiences are increasingly promoted by tourism operators (Urbán R. and Viloria-Gómora, 2021). Given the growth of dolphin-based tourism, there is increasing recognition of the need to regulate SWD activities to ensure the safety of both humans and animals. Currently, operators in Mexico generally follow voluntary guidelines adopted in other countries, such as avoiding physical contact with dolphins, not feeding them, and avoiding interactions with feeding groups or groups containing a high proportion of calves (Lewis and Walker, 2018). However, the absence of a formal regulatory framework highlights an important management gap. Therefore, it is necessary and recommended to develop an Official Mexican Standard that establishes regulations and management guidelines for SWD activities, adapted to the Mexican context. The development of such regulations should involve collaboration among authorities, researchers, tourism operators, and local stakeholders. In the meantime, interim measures could include voluntary codes of conduct, operator training, standardized reporting of interactions, and the adoption of existing international guidelines.

5 Orcas in the Gulf of California, Mexico

Globally, orcas are classified as “Data Deficient” by the IUCN Red List (Reeves et al., 2017). In Mexico, they are listed under the Mexican Official Standard NOM-059-SEMARNAT-2010 (DOF, 2019) as “Subject to Special Protection”. A distinct generalist ecotype in the Eastern Tropical Pacific, including the Mexican Pacific, has been proposed by Vargas-Bravo et al. (2020). Orcas from the Mexican Pacific have been observed feeding on a wide range of species, including other cetaceans (Ortega-Ortiz et al., 2023; Pitman et al., 2023; Stewart et al., 2026), sea turtles (Vargas-Bravo et al., 2020; Ortega-Ortiz et al., 2023), bony fishes (Rosales-Nanduca et al., 2025), and various elasmobranchs (Higuera-Rivas et al., 2023, 2025; Pancaldi et al., 2024).

Orcas occur year-round in the Gulf of California, where photo-identification studies have documented at least four distinct “communities” distributed across the region: 1) the northern Gulf, Midriff Islands and Canal de Ballenas; 2) the Guaymas Basin and San Pedro Mártir Island; 3) La Paz Bay and Loreto; 4) the southern entrance of the Gulf from Cabo San Lucas to Cabo Corrientes (Guerrero-Ruiz, 2013; González-Ruelas, 2016). Although more than 408 individuals have been photo-identified in the Gulf of California and the Mexican Pacific between 1973 and 2025 (Martínez Aguilar et al., 2026), information on the structure, connectivity and long-term trends of the orcas of the region remains limited.

In the Gulf of California, feeding events involving orcas have attracted increasing tourism interest, contributing to the growth of orca-watching and opportunistic SWO activities. These interactions typically occur along the southeastern coast of Baja California Sur, in particular around Cerralvo Island, during summer, when large aggregations of mobulas attract foraging orcas (Urbán R. and Viloria-Gómora, 2021). The activity often involves locating animals using small aircraft, followed by close approaches with small vessels and in-water encounters with swimmers (Urbán R. and Viloria-Gómora, 2021). Such practices raise important ecological and safety concerns, as vessel traffic and swimmer presence may disrupt feeding behavior, while the rapid and unpredictable movements associated with prey capture can increase risks for participants. Despite these concerns, the ecological consequences of SWO interactions in the region remain unknown, and no studies have directly assessed their impacts on orcas in Mexico. This combination of increasing tourism pressure, ecological uncertainty, and lack of regulation underscores the urgent need for precautionary and structured management approaches. Given the limited knowledge available, management decisions should follow an adaptive management framework including periodic evaluations of monitoring data, and the possibility of modifying restrictions if evidence indicates changes in orca behavior, habitat use, or tourism pressure. In this context, a dedicated management plan for SWO activities in the Cerralvo region has been developed for the season 2025-2026.

6 Orca management plan 2025-2026

The proposed area for SWO activities covers approximately 1,100 km², extending from the coast of the Baja California Peninsula in the community of La Ventana eastward to Cerralvo Island, and south and southeast to the continental zone of the municipality of La Paz, Baja California Sur (Figure 1) (SEMARNAT, 2025). The SWO season is planned from 1 August 2025 to 31 July 2026. In parallel, the community, service providers, and academic or research institutions will monitor the orca population within this area, generating a baseline of data to support evidence-based management and conservation in the future. All activities must be authorized by the General Directorate of Wildlife, and vessel captains and guides must complete annual training coordinated by SEMARNAT.

Orca observation and swimming activities are scheduled between 07:00 and 18:00. When orcas are observed, vessels may conduct observation or swimming activities for up to 30 minutes. Only small vessels, up to 10 meters, are permitted. A maximum of two vessels is allowed around the same group of orcas. Boarding and disembarking of passengers are restricted to Playa Central of La Ventana and Ensenada de Muertos (see Figure 1). SWO activities are allowed only during social and feeding (prey consumption) behaviors, with a maximum of 5 people in the water (4 + guide). Swimmers need to stay at least 20 m from the animals. SWO activities are not allowed during feeding behavior when the prey is larger than 2 m (dolphins, sea lions, whale sharks (Rhincodon typus), etc.) and when orcas are resting, traveling or actively hunting (chasing prey with unpredictable changes in speed). Compliance is monitored by SEMARNAT in coordination with the Federal Attorney for Environmental Protection (PROFEPA). Several guidelines established in this management plan are similar to those adopted in Norway, including restrictions on the number of vessels and swimmers, minimum approach distances, encounter duration, and the requirement to consider whale behavior before allowing in-water interactions (NorWhale, 2026). However, because specific studies evaluating the effects of SWO activities on Mexican orcas are currently unavailable, these guidelines should be considered precautionary measures that require evaluation through long-term monitoring.

This management framework represents a first step toward regulating SWO activities in Mexico and provides a valuable case study for evaluating how precautionary and adaptive approaches can be applied to mitigate human impacts on this species. However, few aspects may benefit from further refinement. First, one important consideration is that the decision to allow in-water interactions relies largely on the judgment of captains and guides, particularly their ability to interpret orca behavior in real time. Although the plan requires training, it does not establish specific criteria to evaluate field experience or behavioral assessment skills, which could lead to inconsistencies in how regulations are applied. Future revisions of the management plan could establish standardized qualification criteria for captains and guides, including minimum experience requirements, documented participation in marine mammal observation activities, and competency assessments focused on cetacean behavior identification. The plan requires operators to deliver a briefing on orca biology, conservation status, and current threats before each excursion. However, the content and duration of this briefing are not standardized across operators, and there is no mechanism to assess whether it influences participant knowledge or behavior. Future revisions could specify minimum required content and incorporate simple post assessments (e.g., brief questionnaires) to evaluate the educational impact of these briefings. In addition, while the management plan assigns responsibility for compliance verification to the competent authorities and includes real-time GPS tracking of authorized vessels, effective monitoring may be challenging given the limited institutional resources currently available for marine wildlife oversight in the region. The vigilance framework could be expanded by training operators and local stakeholders to document and report incidents using simple tools already carried on board, such as smartphone photos or short video, submitted through the same digital platform used for GPS tracking. Partnering with academic institutions already conducting research in the region could also provide opportunistic, cost-effective compliance data. Furthermore, the plan does not specify detailed mechanisms to verify compliance in the field, meaning that its successful implementation will depend heavily on the collaboration and compliance of tourism operators. Although many local captains and guides are committed to responsible practices, differences in experience, priorities, and economic motivations among operators could affect the consistency of management measures. Another aspect that deserves consideration is that tourism activities are allowed year-round, reducing opportunities for orcas to spend periods in the region without human presence. Future management revisions could consider temporary seasonal closures if research monitoring indicates cumulative disturbance or reduced habitat use by orcas.

7 Discussion

Evidence from DW and SWD tourism showed that repeated interactions with vessels and swimmers can alter dolphin behavior and, in some cases, lead to population-level consequences (Bejder et al., 2006; Filby et al., 2014; Shawky et al., 2020; Rocha et al., 2023). In addition to population-level effects, tourism activities may also influence the welfare of individual animals (Nicol et al., 2020). The Five Domains Model provides a structured framework for assessing animal welfare by evaluating impacts on four physical domains (nutrition, environment, health, and behavior) and how these may influence the animal’s mental state, represented by a fifth domain (Mellor and Beausoleil, 2015; Nicol et al., 2020). Applying welfare-based approaches to future monitoring programs could complement traditional population-level assessments and help detect potential impacts before demographic consequences become evident.

Compared with SWD, SWO remains geographically limited and understudied, leaving key gaps in understanding its ecological and safety implications. The case of the Gulf of California illustrates how rapidly such tourism can develop in the absence of clear regulation. The 2025–2026 management plan represents a proactive, precautionary approach, establishing limits on vessel activity, defining activity zones, and regulating in-water interactions, while incorporating monitoring and stakeholder involvement. However, few aspects deserve further consideration, particularly regarding enforcement capacity, cumulative tourism pressure, and the current lack of a robust long-term monitoring program. Future studies should also investigate whether socially transmitted behaviors or cultural traits influence how different groups of orcas respond to tourism activities. Future management initiatives could also benefit from considering existing international guidance on whale watching and in-water interactions developed by the International Whaling Commission (IWC) and the Convention on Migratory Species (CMS), which promote precautionary approaches to minimize disturbance and ensure animal welfare.

Overall, the case of the Gulf of California provides a valuable example for other emerging SWO destinations, highlighting the importance of precautionary management, scientific monitoring, and stakeholder engagement for the long-term conservation of orcas.

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Footnotes

Edited by: Thomas S. Jung, Government of Yukon, Canada

Reviewed by: Juliana Lopez Marulanda, CNRS - Biologie des Organismes et des Ecosystemes Aquatiques (BOREA), Martinique

Laetitia Nunny, OceanCare, Switzerland