Whale Watching
Whale Watching
The ending of whaling - a centuries-old activity with socio-economic, cultural and religious roots that enriches the history of the Azorean islands and their relationship with the outside world - has given rise to a new reality of undeniable interest to the communities involved: whale watching. The inheritance of a vast whaling heritage and all the protective legislative measures for its preservation are essential elements that emphasise a concern for respecting the past, while seeking to develop a situation of economic prosperity.
Licence for whale watching tourism operations
Licensing Entity
The Regional Directorate for Tourism, after hearing the Regional Directorate for Maritime Policies.
The procedures for licensing whale watching tourism operations and modifying the licences granted begin with the interested parties filling in the form made available for this purpose by the Regional Directorate for Tourism.
Recipients
Natural or legal persons.
Specific requirement
To hold a maritime tourist operator's licence.
General Requirements
- Registered office or address in European Union countries;
- Regularised tax and social security situation;
- The technical staff is made up of:
A professional with intermediate or higher education in related scientific areas of marine biology or animal behaviour, responsible for advising on behaviour towards cetaceans and recording information on cetacean observations;
Academically and professionally qualified crew, with in-depth knowledge of the weather and oceanographic conditions in the area where they operate and training on how to behave towards cetaceans;
Onboard guide or monitor who provides information on marine life, cetaceans in particular, and the region. Can carry out other duties on board;
Lookout to locate cetaceans.
Observation Areas and Boundaries
Area A
Area of jurisdiction of the Port Authority of the Harbour of Horta - maritime area up to 12 nautical miles from the islands of Faial, Pico and São Jorge.
Boats with an overall length of up to 14 metres.
Area B
Territorial sea around S. Miguel Island - maritime area up to 12 nautical miles.
Boats with an overall length of up to 20 metres.
Area C
Territorial sea of the Azores (except Areas A and B) of the islands of Santa Maria, Terceira, Graciosa, Flores and Corvo.
Boats with an overall length of up to 30 metres.
Area Z
Maritime area between the outer limit of the Azores Exclusive Economic Zone and the 12 nautical mile line.
Boats with an overall length of more than 30 metres.
Annual renewal of the licence for the tourist activity of whale watching
For the purposes of renewing whale watching tourist licences, their holders must provide evidence that the commercial operation resulting from this activity has reached certain average customer or gross turnover figures over the last two years.
Evidence of minimum activity - Average customer values formula:
- C ≥ ∑ L x 60, where C corresponds to the simple average of the total number of customers over the two years considered and ∑ L corresponds to the sum of the capacity of the company's boats, without crew.
Evidence of minimum activity - Gross turnover
Gross turnover ≥ € 25,000 without VAT.
Evidence of gross invoicing is based on the IRS or IRC tax returns, as well as the accounting statement with the figures for account 72, signed and stamped by a certified accountant, with a breakdown of the income derived specifically from whale watching, which will then be checked against the respective IRS or IRC tax return.
Changes / Amendments to the licence granted
The procedure for changing the licences granted begins with the interested parties filling in the form made available by the Regional Directorate for Tourism for this purpose.
Changes to licence elements:
- Boats replacement covered by the licence;
- New additions to the licensed fleet;
- Changing the observation zones for any of the vessels covered by the licence;
- Changing the composition of the technical staff and crew.
The fee for changing the tourist licence for whale watching is €50.
Frequently asked questions (Frequently Asked Questions (FAQ’s)
Licences are initially valid for five years and are automatically renewed every year. Once this period has expired, the validity of the licences granted begins on 1st April until 31st March of the following year, and expires on that date.
The basis for calculating the licence fee is determined according to the observation area and the capacity of each boat, without crew:
- Calculation basis Areas A and B: €30;
- Calculation basis Areas C and Z: €15.
Fee for changing the tourist licence for whale watching:
- A fee of 50€ is payable for each request to change licences.
Audiovisual recording operation
Licensing authority: Regional Directorate for Maritime Policies, after consulting the Regional Directorate for Tourism, whose opinion is binding.
Scientific observation
Licensing authority: Regional Directorate for Maritime Policies.
Recreational observation
Recreational observation is not subject to administrative permission or licence.
Swimming with whales is forbidden.
Legislation
Regional Legislative Decree nº 9/1999/A of 22nd March
Regulates whale watching activities in the Azores.
Regional Legislative Decree nº 10/2003/A of 22nd March
Amends Regional Legislative Decree nº 9/99/A of 22nd March, which regulates whale watching activities in the Azores.
Regional Legislative Decree nº 13/2004/A of 23rd March
First amendment to Regional Legislative Decree nº 10/2003/A, of 22nd March, which republishes Regional Legislative Decree nº 9/99/A, of 22nd March, establishing the legal regime for whale watching.
Ordinance nº 5/2004 of 29th January
Regulates the legal regime of whale watching.
Ordinance nº 49/2004 of 24th June
Amends Annex II of Ordinance nº 5/2004 of 29th January.
Ordinance nº 70/2005 of 8th September
Amends articles 2, 5 to 7, and 10 to 12 of Ordinance nº 5/2004, of 29th January. Revokes paragraph c) of nº 1 of article 2 of Ordinance nº 5/2004, of 29th January.
Ordinance nº 17/2007 of 29th March
Allows the transfer of licences referred to in article 5 of Regional Legislative Decree nº 9/99/A, of 22nd March.
Ordinance nº 47/2011 of 24th June
Amends articles 11 and 13 of Ordinance nº 5/2004, of 29th January, amended by Ordinances nº 49/2004, of 24th June, nº. 70/2005, of 8th September and nº 17/2007, of 29th March.
Ordinance nº 1/2019 of 3rd January
Updating legislation on the tourist activity of whale watching. Revokes Ordinance nº 17/2007, of 29th March.
Ordinance nº 41/2023 of 26th May
Tourist licences for whale watching.
Ordinance nº 45/2025 of 30th April
An increase in the number of tourist licences for whale watching for Zone A and Zone C, and the extinction of Zone Z.
Services
Check out the list of licensed companies here:
Licensed Companies
To apply for a licence or an extension to an existing licence, you must fill in the form available on the services portal.
