Apparently this happened North of Puerto Plata on the Silver Bank and swimming with whales (although not that close) is permitted in that one location.
"Guidelines for In-Water Activities
Soft in-water encounters are the only type of in-water activity permitted without special permission.
A soft in-water encounter is non-aggressive floating at the surface, in mask, fins and snorkel. All passengers from a tender undertaking a soft in-water encounter must remain in a group and always obey the instructions of the tender crew.
Soft-in-water encounters are permitted in the Sanctuary after participants have been given an orientation on procedures and after practicing a soft in-water encounter simulation.
Soft in-water encounters are not permitted close to any type of breaching activity, fin slapping, lob tailing, or in the presence of "rowdy" or competitive groups. If persons are already in the water when such circumstances arise, they must be directed to leave the water immediately.
Scuba or rebreather diving is not permitted anywhere in the Sanctuary without special permission.
Free-diving close to a whale or touching or attempting to touch a whale is not permitted."
From
Regulations
Gregg
Thanks for that info, Gregg.
This is my take on the matter.
Even if it's legal in that spot, any decent diver knows you're not supposed to disturb the whales at mating time, and certainly are not supposed to touch them.
This story about the current pushing them towards the whales is BS.
Although they tell that story, they also mention swimming towards the whales in the editorial, as well as in the video clip, and you can clearly see in the clip that the snorkelers were free floating around the whales and making no attempt to backtrack, as they would have, if the current were truly moving them against their wills.
Obviously the part about the current pushing them close to the whales is pure fabrication, so as to justify them being that close.
If nothing else, the less experienced injured divers/snorkelers who were touring with Thornton (a master diver), assuming he was in charge, should sue his butt off.
The whales are precious intelligent mammals who should be observed from a distance, specially at mating time.
We as humans have already caused them enough damage.
Fools who disturb them and cause them anxiety, deserve what they get.