Clearly the whale in question is a Right Whale. In the US this gives it "Right" of way over all boats. In fact even getting within 500 yards of a right whale is a crime. It used to be this was only in special areas, but two weeks ago I heard the USCG warning boaters that approaching within 500 yards of a Right whale off of Cape Hatterras was a criminal act and could result in prosocution. Clearly the boat in question was closer than 500 yards.