Wow, how about we just implement a simple avoidance rule of 400m with very strict compliance enforcement that is applied on an escalating scale of increasing penalties. Implement 2 tiers of rules, one for recreational vessel operators and a stricter version for Whale Watchers.
Recreational Version:
First occurrence = stern written warning outlining next level of penalty; Second occurrence = $5,000 fine; Third occurrence = $10,000 fine; Forth = $50,000 fine
Whale Watching Version:
First occurrence = $5,000 fine; Second = $25,000 fine plus 30 day operating license suspension; Third = $50,000 fine plus 90 day license suspension; Forth = 1 year ban on all operations