Dear Fellow Diver:
Each year between early February and mid-April, up to
  5,000 North Atlantic humpback whales migrate to Silver Bank,
  a 300-square-mile portion of the 1,000-square-mile Marine
  Mammal Sanctuary in the Dominican Republic. For eight weeks,
  Conscious Breath Adventures runs whale expeditions, chartering
  the Peter Hughes Sun Dancer II, which ordinarily operates
  in Belize.  
I was excited last November when I booked my February
  trip. But when mid-January rolled around, I was not looking
  forward to going. My reluctance had a lot to do with the
  devastation in Haiti. Substantial relief was getting to Haiti
  through the Dominican Republic, and I didn’t want to be taking
  up luggage space on a plane carrying relief supplies. With the
  adjacent country in dire straits, going to the D.R. for fun
  just didn’t feel right.  
  
    | 
 So Close and Yet So Hard to Snorkel With | 
Then two weeks out, I received the dreaded waiver and
  release form from Peter Hughes, with instructions to sign and
  return immediately. (And if I didn’t, then what?) I thought
  about what I had read in Undercurrent concerning several divers’
  experience with release forms and considered challenging
  the negligence clauses. Hmmm. A week later, a second waiver
  and release arrived from Conscious Breath Adventures, along
  with its trip information.
  I knew the whale
  trip was strictly snorkeling
  with no scuba
  offered but the preparation
  material was
  written for people who
  don’t even know how
  to snorkel. That added
  to my waning interest.
  Oh well, the trip was
  paid for, so I left as
  scheduled but without
  much enthusiasm.
 As it turned out, my fellow passengers aboard
-- four German, one French, two from China and 10
Americans -- were all certified divers who booked
directly with Peter Hughes and learned later that
Conscious Breath Adventures was in charge. We
were welcomed aboard by Captain James and First
Officer Marnie, and shown to our cabins. I had
been on Sun Dancer II when it was new in the
water back in 1996, and it’s a very comfortable,
sturdy and well-run boat. My cabin was clean
but showed signs of deferred maintenance. I had
asked for a king-size bed but when the twins were
pushed together, the cabin got tight, causing an
inconvenient squeeze between bed and bathroom.
As it turned out, my fellow passengers aboard
-- four German, one French, two from China and 10
Americans -- were all certified divers who booked
directly with Peter Hughes and learned later that
Conscious Breath Adventures was in charge. We
were welcomed aboard by Captain James and First
Officer Marnie, and shown to our cabins. I had
been on Sun Dancer II when it was new in the
water back in 1996, and it’s a very comfortable,
sturdy and well-run boat. My cabin was clean
but showed signs of deferred maintenance. I had
asked for a king-size bed but when the twins were
pushed together, the cabin got tight, causing an
inconvenient squeeze between bed and bathroom.
We spent the first morning in a lengthy orientation and learning “The Silver Bank
  Ten Commandments,” a combination of the Marine Sanctuary and Conscious Breath’s rules
  for swimming with humpbacks. Do not splash. Keep fins below the water. Swim smoothly
  and calmly. Follow the guide. Stay together as a group. Don’t position yourself over
  the whales. Breathe gently and become a “jellyfish” to attract the whales’ curiosity.
  Don’t get behind the tail flukes. Don’t swim directly at a whale. And never reach out
  and try to touch one. Although it wasn’t one of the written commandments, there was an
  11th: Stay on the surface, and no free diving.  
Then we all got into our wetsuits to practice quiet entries so that Gene Flipse
  of Conscious Breath Adventures, assisted by Jeff Pantukhoff of The Whaleman Foundation,
  could test our skills in using a snorkel, clearing a mask and swimming without splashing.
  Novices often come on these whale trips and orientation is geared to those without
  experience. Gene then laid out the routine: into the skiffs at 8:15 a.m.; hunting
  for or in the water with whales until 11:30; return to the boat for lunch at noon; into
  the skiffs again at 1:15 p.m., searching and swimming with whales until 5:30; then back
  to the boat for a sundowner at 5:45. I was facing more than three captive hours in the
  morning and four in the afternoon encased in my wetsuit. That would be okay if most of
  that time was spent in the water, but it wasn’t.  
On the first afternoon, the skiffs took us out three miles hunting for whales. We
  observed plenty of spouts, breaches, flukes and backs, but Gene didn’t want us in the
  water until he determined the situation was right, preferably with a mom and new calf.
  We were all on the lookout for four hours but never made it into the water. The next
  morning, it was the same -- looking but no swimming. This was getting boring. Finally,
  the second afternoon produced an opportunity about three hours into the search: an
  adult male and female, both more than 40 feet long, sleeping but coming to the surface
  to breathe. We got in the water for a good look. However, the experience was marred by
  Roger, a “me firster” with a big camera who pushed the rest of us around in the water.
  He also ignored the rules against free diving and swimming directly at the whales.
  Things picked up one afternoon when, after following a mom and calf from in the skiff
  for an hour, we were able to get in the water with a 50-foot singing humpback. The
  sound actually vibrated my body, which was exhilarating!  
  
    | 
 Sun Dancer’s Skiff | 
Fellow passengers Bud, Diane, Chuck and
  Laura had taken several whale trips in Tonga,
  aboard the Nai’a, and smugly compared them. In
  Tonga, the mother boat followed a mile or two
  behind the skiffs so that it was easy to get back
  to it between whale encounters; at Silver Bank,
  the mother boat remains at anchorage. In Tonga,
  upon sighting whales, it was often possible to
  get in the water from the big boat; that’s not
  an option at Silver Bank. In Tonga, because the
  big boat was live, it was able to cover many
  miles of the area in search of whales; at Silver
  Bank, the skiffs could only manage three or
  four miles from the big boat. In Tonga, skiffs were fast and could get to a sighting
quickly; at Silver Bank, speed is limited
by Marine Sanctuary rules and skiffs
averaged three knots. In Tonga, there
were several sightings and opportunities
to get in the water each morning;
at Silver Bank, we were lucky to get one
sighting, and none for four out of nine
opportunities. In Tonga, free diving
with the whales enhanced photographic
opportunities; at Silver Bank, free diving
is prohibited. In Tonga, it was also
possible to dive local reefs; diving is
not permitted on Silver Bank (nor would
I want to, as the reefs are dead and
there is a paucity of marine life).
Skiff drivers John and CNN were
  skilled at keeping bumps, chop and spray
  to a minimum, but three or four hours in
  the skiff without getting in the water
  was pretty boring, downright uncomfortable
  and hard on the bladder, particularly
  for Chuck and Bud, the only guys
  in their 70s, who were always lobbying
  for a “comfort” stop. Even being in the
  water with whales could be boring. Lying
  on the surface for half an hour watching
  sleepers at 60 feet through murky water
  and waiting for them to surface, only
  to immediately descend again to sleep,
  could be classified as “swimming with
  the whales,” I suppose, but it was more
  accurately “whale observation,” not the encounters I was anticipating.  
At least we had some fun on the skiffs. Three or more males fighting over one
  female are called a rowdy group. We weren’t going into the water with the rowdies,
  but were hoping to observe them up close. As we approached one rowdy group, it calmed
  down so we hung around. Ben suggested hurling whale insults to rile them up again
  and yelled, “Your mother looks like a dolphin!” The insult worked, but not the way we
  wanted -- they quickly moved off. We also passed the time telling diving stories. Bud
  had the most, but Roger won with his tale of being lost in the Maldives and drifting
  for five hours until rescued.  
In the evenings, Gene lectured about humpbacks and their behavior. We learned how
  the markings distinguish them, that adult males ranging from 49 to 52 feet are smaller
  than females at 52 to 56 feet, and about Silver Bank and humpback migration. Jeff
  showed videos of his research on humpback social sounds; he was among those instrumental
  in preserving San Ignacio Lagoon in Baja as a sanctuary for grey whales.  
Chef Jerry prepared outstanding meals, and galley assistant Barbara served them
  graciously. Dinners were elegant, four-course, sit-down affairs, complete with table
  linen and wine. I dined on entrees such as pan-seared fish and curried chicken, accompanied
  by tasty soups, crisp salads, fresh vegetables and just-baked bread. Late afternoon
  sundowners, complete with creative appetizers, were well attended. At one, Ben
  consumed a couple of double rums followed by several glasses of wine with dinner.
  He promptly fell asleep and awoke the next morning with his fingernails and toenails
  painted iridescent blue. He accused Kathy of having done the deed -- her nails were
  the same blue--but she swore her polish fell into the hands of Grant, Ben’s trip companion.
  For the rest of the week, Kathy and Grant kept devising new ways to prank each
  other and it was all pretty funny, especially when Grant put on his booties one morning
  to find them filled with ripe bananas (retaliation for having sewed Kathy’s wetsuit
  sleeves closed).
 I didn’t have much luck communicating
with two of the Germans. Gertrud
understood little English but her husband,
Edgar, was adept at carrying on
two conversations at once, one with me
in English and the other with Gertrud,
translating what I had just said. Sandra,
Marilyn, Kathy, Ben and Grant laughed
a lot and loudly at private jokes and
their raucous laughter throughout the
salon not only kept things lively but
always had me wondering what I was missing.
Ernest and Lia, from Shanghai, were
friendly but while Lia was quiet, Ernest
was quite the conversationalist, especially
at sundowners when he would light
up a big cigar. One day after hours in
the skiff without getting in the water,
Ben endeared himself to the three ladies
aboard by opining that the lack of action was because women were present. Then on the
last afternoon, with Laura and Lia aboard and despite Ben’s assessment, we experienced
the best encounter of the trip -- a spectacular four minutes in the water with a 55-
foot-long female showing off her 20-foot-long baby. Ben insisted his remark was merely
droll humor but the women weren’t moved.
I didn’t have much luck communicating
with two of the Germans. Gertrud
understood little English but her husband,
Edgar, was adept at carrying on
two conversations at once, one with me
in English and the other with Gertrud,
translating what I had just said. Sandra,
Marilyn, Kathy, Ben and Grant laughed
a lot and loudly at private jokes and
their raucous laughter throughout the
salon not only kept things lively but
always had me wondering what I was missing.
Ernest and Lia, from Shanghai, were
friendly but while Lia was quiet, Ernest
was quite the conversationalist, especially
at sundowners when he would light
up a big cigar. One day after hours in
the skiff without getting in the water,
Ben endeared himself to the three ladies
aboard by opining that the lack of action was because women were present. Then on the
last afternoon, with Laura and Lia aboard and despite Ben’s assessment, we experienced
the best encounter of the trip -- a spectacular four minutes in the water with a 55-
foot-long female showing off her 20-foot-long baby. Ben insisted his remark was merely
droll humor but the women weren’t moved.
Although swimming with the whales was managed the only way it can possibly be
  handled at Silver Bank, and there were moments of exhilaration and a few good photos,
  I was mostly a bored, uncomfortable captive for hours on the skiff, and rather disappointed
  with the whole experience. If I ever want to try swimming with humpbacks again,
  I think I’ll book a trip to Tonga.  
--S.M.  
Note from Ben: We received a reader report from Ted Kern (Dallas, TX) who took
  the Turks & Caicos Aggressor to Silver Bank in March and reports equally strict rules.
  “Entry in the water was tightly controlled by the crew, they no longer allow you to
  free dive with the whales. To have an in-water encounter, there had to be a mother
  asleep below, with a baby coming up for air. The baby had to even descend back down to
  Mom before we could enter the water. Several times, we would get close to a couple that
  were moving slowly and spending lots of time on the surface, but we were not able to
  get in the water with them. In short, we were on Zodiacs for a total of 36 hours but
  spent 10 minutes in the water! What a difference from our last trip to Silver Bank in
  2003, when we were in the water at every possible opportunity.“  
Kern believes the changes are due to an incident in 2007, when two snorkelers,
  also aboard the T&C Aggressor, were struck by a whale’s tail after bumping into her
  calf. A current moved Randy and Gwen Thornton from Utah closer than intended, pushing
  them right into the whales. One tail flip hit Gwen in the back and sent her sailing
  20 feet, the other gave Randy a broken leg. The incident made news after Randy was
  interviewed on Good Morning America- - and apparently changed the rules at Silver Bank
  since. “For the price you pay, you might as well go to Hawaii and do a whale-watching
  tour,” says Kern.  
 Diver’s Compass: I spent $3,145 for the 7-day trip, which did not
  include transfers to and from the boat, or dinner on the last night
  . . . We had a couple of partially sunny days but mostly wind,
  clouds and rain showers, which hampered photography . . . Water temperature
  was consistently 77 degrees, and air temps ranged from
  70 to 80 degrees; visibility was poor, just 15 to 30 feet . . .
  Continental flies to Puerto Plata through Newark; Delta flies through Atlanta . . . Three boats have permits to bring passengers to Silver Bank: Sun Dancer
II, Turks & Caicos Explorer II and Turks & Caicos Aggressor; all three were there and
they remained moored . . . Wine, beer and soft drinks are complimentary; those who
wanted hard liquor brought their own . . . The only extra charges are purchases from
the boutique and crew tips . . . Website: ConsciousBreathAdventures.com
Diver’s Compass: I spent $3,145 for the 7-day trip, which did not
  include transfers to and from the boat, or dinner on the last night
  . . . We had a couple of partially sunny days but mostly wind,
  clouds and rain showers, which hampered photography . . . Water temperature
  was consistently 77 degrees, and air temps ranged from
  70 to 80 degrees; visibility was poor, just 15 to 30 feet . . .
  Continental flies to Puerto Plata through Newark; Delta flies through Atlanta . . . Three boats have permits to bring passengers to Silver Bank: Sun Dancer
II, Turks & Caicos Explorer II and Turks & Caicos Aggressor; all three were there and
they remained moored . . . Wine, beer and soft drinks are complimentary; those who
wanted hard liquor brought their own . . . The only extra charges are purchases from
the boutique and crew tips . . . Website: ConsciousBreathAdventures.com