Dead whale raises a big question: Who has to remove it?

Now you see it, now you... still see it.

The dead whale that floated up to a marsh near Gloucester Point over the weekend is still there, while the state, the county and the Virginia Aquarium & Marine Science Center try to figure out whose problem it is.

It first appeared that the homeowner whose property was gifted by the tide with the carcass of the young humpback whale might have to dispose of it, but help may be on the way. The aquarium's stranding team is helping coordinate efforts by Gloucester County and the Virginia Department of Game and Inland Fisheries to determine who has jurisdiction, and who will pay for removal.

All involved - especially those downwind - are hoping that the whale can be towed to a remote location where it can be buried or left to decompose in peace, well away from public noses.

"Right now, it is unclear whether the water the whale is in belongs to the property owner, the county or the state," said Linda M. Candler, marketing director at the aquarium. "Hopefully, this will be sorted out quickly."

The whale is near the mouth of the Perrin River, a tributary to the York River. The animal, first spotted Saturday near the middle of the Chesapeake Bay, was extremely bloated, which helped it float from the ocean across the Bay and up the river, Candler said.

The stranding team took tissue samples and one flipper that appeared to have some trauma. However, it is possible that the cause of death will never be determined, Candler said.

Mike Peters, who lives near Gloucester Point, boated out to see the whale - "How often do you run across a whale, particularly in Gloucester?" - but quashed his initial desire to have his picture taken on top of it, acknowledging that the smell was terrible.

"It was bad," Peters said. "I've smelled a lot of bad stuff in life, but that topped it off."

All marine mammals, alive or dead, are protected by federal law, and it is illegal to touch them without permission.

Local resident Faye Jones said she watched through binoculars as boaters approached the whale.

"They got away quickly," she said. "And we found out why they got away quickly. We are upwind of it now. Jenkins Neck probably has it bad."

The whale grounded first on Allens Island, she said, but wind and a tide higher than usual refloated it and brought it to the Perrin River.

"It is unreal," she said. "That's the last thing you expect to see. We've lived here since 1980 and never seen anything like that before."

Diane Tennant, (757) 446-2478, diane.tennant@pilotonline.com