As a matter of fact, not that many complaints get filed by whales, which is why human beings have to do it for them. On Tuesday, an underwater photographer, one Lee Tepley, was slapped with a $ 10,000 fine for violating the above- mentioned Marine Mammal Protection Act by a federal administrative judge. His transgression was to pursue a group of pilot whales for a video he was making.
If a $ 10,000 fine sounds insane for photographing a whale -- not shooting one, or harpooning one or even pinching one -- consider this: Though no harm whatsoever came to the whale beyond (highly) putative emotional distress, the photographer's assistant fared a good bit worse. As she reached down form their boat to pet the whale, it bit her thigh and dragged her 40 feet underwater and held her there for a while. Mr.Tepley, his mind on the money, proceeded to film the encounter and later sold his mini-Moby Dick for $5,000.
It seems unlikely that it was the whale that suffered the distress here. A more suitable accusation against Mr. Tepley might well be a complete lack of the spirit of gallantry. Of course, that depends on whether human beings or whales are considered more important; in the legal system today that is an easy call