I believe we are supposed to stay 100 yards away from them. The fact that there was a cluster of boats and cameras rolling when this happened means they all knew the whale was there. As far as I'm concerned the guy who lost his boat got what he deserved.
There's some truth to this. It's human nature to want to go see whales feeding up close, and with a fleet of small boats full of inexperienced operators, it's sort of inevitable that something like this will happen.
But I vaguely know the owner of this boat, and some of the other people who were around that day, so let me try to give the other side of the story.
The two kids filming, who recovered the two guys from the water, really
were just fishing. They were after striped bass, who are after the pogies in the bait ball. Based on what they told the media, they didn't even know the whale was that close until it breached, and they were lucky to catch it on video. Man, those young guys are quick on the draw with their phones! Now if we could only teach them to hold the phone in "landscape" mode when filming, so it looks better on the news.
As for the two in the capsized boat, the video shows pretty clearly that they were fishing off the bow and/or along the port side, opposite where the whale came from. I would have felt differently if they were facing the whale and pointing or something.
Were they both too close? Probably. Along with a couple dozen other boats. Maybe the publicity will make some people think more about just how close they really want to be. Unfortunately it will probably attract others who see all those boats crowding the whales and want to join in.