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SAN DIEGO (KGTV) - A gray whale spotted frolicking in shallow waters attracted dolphins and a crowd of swimmers and surfers in the ocean off Mission Beach Wednesday. Lifeguards got a call about the whale possible tangled in fishing line about noon, an official said. A lifeguard who swam toward the whale to investigate determined it was free.The gray whale was young, possibly a year and a half old, whale watcher and photographer Domenic Biagini told 10News. Gray whales are starting to migrate north from Mexico during the spring. There is a good chance San Diegans will see more mothers and juvenile whales closer to shore, Biagini says, because the shallow waters keep the whales safe from orcas. "It's some of the most exciting times for us as professional whale watchers to see these animals, but it's also when we see the most conflicts with these animals coming in with people," said Biagini.Sky10 was above the whale as a group of surfers and swimmers approached it near Mission Beach, coming close to the giant mammal.Biagini warns that can be extremely dangerous for humans and can also stress the animal."These gray whales, despite not being the largest of the great whales we see out here, they can still get 50 feet long and weigh up to 80,000 pounds, so you're talking very large animals. All it takes is one flick of the tail and you have a catastrophic accident. And moms are naturally protective of their young," said Biagini. The National Atmospheric and Oceanographic Administration adopted in 2011 new regulations under the Marine Mammal Protection Act and Endangered Species Act to encourage the public to ‘be whale wise.’ The NOAA guidelines include:DO NOT APPROACH or position your vessel closer than 200 yards to any killer whale in the U.S. DO NOT APPROACH or get closer than 100 yards to any other marine mammals or birds, whether on the water or on land.BE CAUTIOUS, COURTEOUS and QUIET when around areas of known or suspected marine wildlife activity, in the water or at haul-outs and bird colonies on land. Especially from May to September during breeding, nesting and seal pupping seasons.LOOK in all directions before planning your approach or departure from viewing wildlife.SLOW DOWN: reduce speed to less than 7 knots when within 400 yards of the nearest marine mammal and reduce your engine’s noise and vessel’s wake.ALWAYS approach and depart from the side, moving parallel to their direction of the animal’s travel. If the animal(s) are approaching you, cautiously move out of the way and avoid abrupt course changes. DO NOT approach from the front or from behind.IF your vessel is not in compliance with the 100 yards approach guideline (#1), place engine in neutral and allow animals to pass.PAY ATTENTION and move away, slowly and cautiously at the first sign of disturbance or agitation from any animal.STAY on the OFFSHORE side of the whales when traveling close to shore.ALWAYS avoid going through groups of porpoises or dolphins and hold course and reduce speed gradually to discourage bow or stern-riding.LIMIT your viewing time to 30 minutes or less. This will reduce the cumulative impact of all vessels and give consideration to other viewers.DO NOT disturb, swim with, move, feed or touch any marine wildlife. If you are concerned about a potentially sick, stranded animal, or entangled animal, contact your local stranding network. 3394

SAN DIEGO (KGTV) - "It's not fair and it's not right," says Warren Peters of Spring Valley. He says he's been watching his son, Jahmes, spend several months fighting for his federal tax return. "People need this money. People have worked for this money. People have earned this money," says 24 year-old Jahmes.The young man tells Team 10 that he filed online in February and received his state refund, but not his federal refund. It's now been more than 7 months. A return summary shows he's owed almost ,200 from the IRS.Jahmes says he's between jobs and burning through his savings. His father tries to help but says he's retired and on a fixed income, so his means are limited."It doesn't feel too good depending on your dad at 24-years-old," Jahmes tells Team 10. Jahmes says he has repeatedly called, emailed and written to the IRS. He adds he was once asked to appear in-person to verify identity, which he says he completed. However, he says his efforts didn't yield clear answers from the IRS.On the IRS website, he showed us what he says is his filing status. "Your tax return is still being processed," is what it reads. "If the circumstances were different, [the IRS] would be knocking on [our] door looking for their money," says Warren Peters. "The IRS is just understaffed and overworked," says tax attorney Ronson Shamoun, CEO of Downtown San Diego's RJS Law Firm. He says long delays are not uncommon. "Yet, after it's been so long, there should be some indication as to what's going on or some sort of game plan as to what you can do."Shamoun says the best route to take is contacting the Taxpayer Advocate Service, which was created by Congress to facilitate aid for taxpayers dealing with related issues. The IRS website reports that most refunds are issued in less than 21 calendar days, but explains there are a number of reasons for delays, including possible errors, incomplete returns, and concerns about identity theft or fraud.  The IRS says it cannot respond to media inquiries about specific cases."He does have a right to be upset. He definitely does," says Shamoun. The Taxpayer Advocate Service can be reached https://taxpayeradvocate.irs.gov/   2371

SAN DIEGO (KGTV) - A San Diego family is pleading for their father back after they say officers with U.S. Immigration and Customs Enforcement apprehended him on June 20. Their father is expected in court on July 18. Gilberto Mayorga's children say it's hard to imagine life separated from him. "He's been here's since he was 17, 16. All he knows is San Diego. All he knows being here," his daughter, Eugenia Mayorga said. They say their father met their mother and started their family. He was deported but quickly came back so he could help their mother, who was struggling to support their family. "As soon as he came back, I remember having a roof over our heads," his daughter Bridgette Rembao, said. "I feel like the only crime he made was to come back and financially support us." ICE painted a different picture of Mayorga. ICE officials say he had previously been removed from the country five times. He served 100 days in federal prison for illegally entering the country. They say he has two felony criminal convictions for drug offenses and was sentenced to more than than five months in jail. He was also convicted of two other misdemeanors. ICE officials released the following statement to 10News:“While no class of alien present in the country illegally is exempt from ICE enforcement efforts, ICE officers do prioritize individuals they seek to apprehend and remove including criminal aliens, especially those who have repeatedly ignored our nation’s immigration laws.” 1500

SAN DIEGO (KGTV) - A giant sinkhole on busy Mission Bay Drive backed up traffic Monday and is expected to cause delays Tuesday morning in Pacific Beach, Mission Bay and Clairemont.The stretch of Mission Bay Drive between the I-5 and Garnet Avenue closed about 1 p.m. after a 30-inch pipe broke.One southbound lane of Mission Bay Drive has since reopened.  373

SAN DIEGO (KGTV) -- A 17-year-old boy accused of killing a Carlsbad woman on a popular hiking trail denied the allegations against him during a virtual arraignment Thursday morning.Through his attorney, the teen denied all allegations. He faces charges in connection with the Nov. 23 death of 68-year-old Lisa Thorborg.Thorborg was on a morning walk at Hosp Grove Trail when Carlsbad police investigators said she was attacked and stabbed to death.On Dec. 14, Carlsbad police announced the arrest of a 17-year-old boy in the case. Little information on the teen was released, but police noted the suspect is a Carlsbad resident.Thorborg's death struck a chord with many in the community. In the days following her death, a large group came to honor her by finishing the walk she started.The woman’s death also left many neighbors upset and concerned about their safety while on that trail.During Thursday’s arraignment, the judge also granted the teen's request to two phone calls -- one to his Mom, the other to his grandmother.ABC 10News learned Thorborg’s family was also listening to the hearing through the phone.Another hearing in the case is set for Dec. 22. 1173