Not sure how enfarcement would handle a situation where the whales approached you. First, how could you identify them as SRKW's and Transients? I know that in Yellowstone you can't approach and animal closer than X, depending on species. But, I think that if the animal approaches you that rule is off so long as you either stay put or back off, whichever is actually safer to do.

I think as Tug has said, writing a citation will be difficult if the recipient is willing to fight it.