Migaloo the white whale is at risk of being "mugged" by tourist boats and drones in NSW after the Baird government declined to offer the same protection given to the humpback by the Queensland and federal governments, experts say.
Migaloo has special status in Queensland, including a 500-metre exclusion zone. He even got a police escort to the Great Barrier Reef after whale watchers got too close in July.
But when he's back in NSW on the return journey of his migration, only a 100-metre exclusion applies for whales, or 300 metres if a calf is present, and Environment Minister Mark Speakman has chosen not to declare Migaloo under wildlife regulations.
"We would love to see the minister declare Migaloo a special animal," said Ronny Ling, president of the Organisation for the Rescue and Research of Cetaceans in Australia. "He does get mugged in certain areas."
Migaloo is one of only two known white humpback whales in the world and this rarity is proving to be a danger to the animal.
"People are more interested, the compulsion is to get closer," Mr Ling said.
Whale exclusion zones weren't being enforced in NSW and this risked stressing humpbacks, he said. "They can become aggressive, make wrong decisions, collide with boats and end up stranding themselves."
Southern Cross University whale expert Peter Harrison said: "I believe he should get the same protection he gets in Queensland.
"The problem for Migaloo is he is such a unique whale and so famous, everyone who is interested in whale watching is desperate to look at him."
Labor's environment spokeswoman Penny Sharpe called on Mr Speakman to give Migaloo "the highest level of protection our government can".
"It beggars belief that such a significant marine mammal like Migaloo has less protection in NSW than he has in Queensland or in Commonwealth waters," she said.
She added that cuts to the National Parks and Wildlife Service budget were making it difficult to give whales protection when they entered Sydney Harbour.
Mr Speakman's spokeswoman said there had been no prosecutions for breaches of Migaloo's exclusion zone, but there are two investigations under way.
"NSW whale watchers are generally overwhelmingly respectful of the NSW regulations relating to minimum distance requirements from whales," she said.
She confirmed an Office of Environment and Heritage boat was being repaired, but said a replacement boat was available.
