Wildlife (Whales) Regulations 1997

i Wildlife (Whales) Regulations 1997 S.R. No. 156/1997 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provisions 1 3. Commencement 2 4. Revocations 2 5. Definitions 2 6. Prescribed minimum distance 3 PART 2—PERMITS UNDER SECTION 78 4 7. Conditions of all permits issued under section 78(1)(g) of the Act 4 8. Additional conditions of permits issued under section 78(1)(g) of the Act authorising dolphin swims 6 9. Additional conditions of permits issued under section 78(1)(g) of the Act authorising dolphin sightseeing 8 10. Fees for permits under section 78 9 PART 3—GENERAL RESTRICTIONS ON ACTIVITIES RELATING TO WHALES 11 11. Offences relating to persons in charge of vessels or using personal watercraft in waters in the vicinity of whales 11 12. Offence relating to person in charge of aircraft in the vicinity of whales 12 13. Offence to make noise or play back recordings in the vicinity of whales 12 14. Offence to feed whales 12 15. Expiry 12 ═══════════════ NOTES 13 -- 1 of 14 -- 1 STATUTORY RULES 1997 S.R. No. 156/1997 Wildlife Act 1975 Wildlife (Whales) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 16 December 1997 Responsible Minister: MARIE TEHAN Minister for Conservation and Land Management SHARNE BRYAN Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are to— (a) provide for the long term protection of whales and dolphins by— (i) regulating activities connected with whale watching generally; and (ii) prescribing conditions of permits issued under section 78(1)(g) of the Act; and (b) prescribe the fees payable for the issue of a permit under section 78(1)(g) of the Act. 2. Authorising provisions These Regulations are made under sections 85A and 87 of the Wildlife Act 1975. -- 2 of 14 -- S.R. No. 156/1997 Wildlife (Whales) Regulations 1997 2 3. Commencement These Regulations come into operation on 18 December 1997. 4. Revocations The Wildlife (Whale Watching) Regulations 19901 are revoked. 5. Definitions In these Regulations— "Act" means the Wildlife Act 1975; "dolphin swim" means an activity that involves persons being in the water for the purpose of observing or swimming with a dolphin; "dolphin sightseeing" means an activity that involves persons being on a vessel for the purpose of observing a dolphin; "mermaid line" means a line with floats attached that is connected to a tour vessel; "Ticonderoga Bay Sanctuary Zone" means all the waters of Port Phillip Bay that are within 500 metres of the water shoreline between Police Point and the Cattle Jetty Ruins; "tour supervisor" means a person appointed by the holder of a permit issued under section 78(1)(g) of the Act to supervise persons participating in a tour conducted under that permit; "tour vessel" means the vessel specified in a permit issued under section 78(1)(g) of the Act authorising tours involving dolphin swims or dolphin sightseeing. r. 3 -- 3 of 14 -- S.R. No. 156/1997 Wildlife (Whales) Regulations 1997 3 6. Prescribed minimum distance For the purposes of Part X of the Act, the prescribed minimum distance is— (a) if using a motorised vessel (including a personal watercraft), 100 metres; and (b) if swimming or diving, 30 metres; and (c) if using a motorised swimming aid, 100 metres; and (d) if using a surfboard or surfski, 30 metres; and (e) if using any other watercraft, 100 metres. _______________ r. 6 -- 4 of 14 -- S.R. No. 156/1997 Wildlife (Whales) Regulations 1997 4 PART 2—PERMITS UNDER SECTION 78 7. Conditions of all permits issued under section 78(1)(g) of the Act (1) A permit issued under section 78(1)(g) of the Act authorising tours involving dolphin swims or dolphin sightseeing is subject to the conditions specified in this regulation. (2) The permit holder— (a) must ensure that the tour vessel does not approach or remain within— (i) 100 metres of another tour vessel if that tour vessel is within 100 metres of a dolphin; or (ii) 100 metres of a dolphin, where another tour vessel is within 100 metres of that dolphin; and (b) subject to paragraphs (a) and (j), must ensure that the tour vessel does not approach within a distance of less than 50 metres from a dolphin; and (c) must ensure that a motorised diving or swimming aid is not used, or allowed to be used, from the tour vessel within 100 metres of a whale except in an emergency in which human lives are threatened; and (d) must not touch or attempt to touch, and must ensure that no person on the tour vessel touches or attempts to touch, a whale; and (e) must not feed or attempt to feed, and must ensure that no person on the tour vessel feeds or attempts to feed, a whale; and (f) must ensure that signs are clearly posted on the vessel in places where all persons on the r. 7 -- 5 of 14 -- S.R. No. 156/1997 Wildlife (Whales) Regulations 1997 5 tour vessel are reasonably likely to see them, advising of the requirements of these Regulations and the conditions of the permit; and (g) must ensure that all persons on the tour vessel, other than employees, are under the direct supervision of the tour supervisor at all times while they are on board the vessel; and (h) must ensure that the tour vessel— (i) does not approach a whale head on; or (ii) is not permitted to be in the path of a whale; or (iii) does not separate a group of whales; or (iv) does not come between a mother whale and calf; and (i) must ensure that, when the tour vessel is moved in the vicinity of a whale— (i) it is moved at a constant speed not exceeding 5 knots; and (ii) sudden changes in direction are avoided; and (iii) if the whale shows any sign of disturbance, the tour vessel is manoeuvered to a distance of at least 200 metres from the whale; and (j) while in the Ticonderoga Bay Sanctuary Zone must ensure that the tour vessel does not approach a whale within a distance of less than 100 metres; and (k) must not make, and must ensure that no person on the tour vessel makes, any loud or sudden noise; or r. 7 -- 6 of 14 -- S.R. No. 156/1997 Wildlife (Whales) Regulations 1997 6 (l) must not play back, and must ensure that no person on the tour vessel plays back, any underwater sound or recording of any kind; and (m) must ensure that an anchor is not dropped or lowered overboard from the tour vessel within 300 metres of a whale. 8. Additional conditions of permits issued under section 78(1)(g) of the Act authorising dolphin swims (1) In addition to the conditions specified in regulation 7, a permit issued under section 78(1)(g) of the Act authorising tours involving dolphin swims, is subject to the conditions specified in this regulation. (2) The permit holder— (a) must ensure that a dolphin swim is not conducted within 100 metres of the water shoreline; and (b) must ensure that a dolphin swim does not continue for more than 20 minutes; and (c) must ensure that— (i) a mermaid line is placed in the water before any person enters the water from the tour vessel; and (ii) any person who takes part in a dolphin swim from that tour vessel, who is not the permit holder or an employee of the permit holder, holds onto the mermaid line at all times while in the water; and (iii) the mermaid line remains in the water until all persons taking part in the dolphin swim have reboarded the tour vessel; and r. 8 -- 7 of 14 -- S.R. No. 156/1997 Wildlife (Whales) Regulations 1997 7 (d) must not enter, and must ensure that no person on the tour vessel, enters the water at a distance of less than 30 metres from a dolphin; and (e) must ensure that no more than 10 persons, who are not employees, participate in a dolphin swim; and (f) must not approach, and must ensure that no person involved in a dolphin swim approaches, a dolphin at a distance of less than 30 metres; and (g) must ensure that a dolphin swim does not commence if a foetal fold calf is present; and (h) must, if a dolphin swim has commenced and a foetal fold calf is detected, ensure that all persons involved in the dolphin swim return to and reboard the tour vessel immediately; and (i) must ensure that, before the first dolphin swim on every tour is commenced, all persons on the tour vessel are advised of the requirements of these Regulations; and (j) must, in respect of each month keep a monthly return in the form provided by the Secretary and must ensure that there is clearly, legibly, truthfully and accurately recorded on the return at the end of each tour, conducted in the month to which the return applies, and before any person disembarks from the vessel— (i) the name of the tour supervisor on that tour; and (ii) the number of persons, other than employees, on the tour vessel during that tour; and r. 8 -- 8 of 14 -- S.R. No. 156/1997 Wildlife (Whales) Regulations 1997 8 (iii) the number of persons, other than employees, on that tour who participated in a dolphin swim during the tour; and (iv) any other information required by the Secretary; and (k) must ensure that every return completed under paragraph (j) is forwarded to the Secretary by the 14th day of the month following the period of the return; and (l) must ensure that a return referred to in paragraph (j), is made available for inspection by an authorised officer upon request; and (m) must ensure that any person who participates in a dolphin swim from that tour vessel uses no underwater breathing equipment while in the water other than a snorkel; and (n) must ensure that the total number of persons who participate in dolphin swims from that tour vessel on any one day does not exceed 50. 9. Additional conditions of permits issued under section 78(1)(g) of the Act authorising dolphin sightseeing (1) In addition to the conditions specified in regulation 7, a permit issued under section 78(1)(g) of the Act authorising tours involving dolphin sightseeing, is subject to the conditions specified in this regulation. (2) The permit holder— (a) must ensure that, before a dolphin is approached at a distance of less than 100 metres, all persons on the tour vessel are r. 9 -- 9 of 14 -- S.R. No. 156/1997 Wildlife (Whales) Regulations 1997 9 verbally advised of the requirements of these Regulations; and (b) must, in respect of each month keep a monthly return in the form provided by the Secretary and must ensure that there is clearly, legibly, truthfully and accurately recorded on the return at the end of each tour conducted in the month to which the return applies, and before any person disembarks from the vessel— (i) the number of persons, other than employees, on the tour vessel during that tour; and (ii) any other information required by the Secretary; and (c) must ensure that every return completed under paragraph (b) is forwarded to the Secretary by the 14th day of the month following the period of the return; and (d) must ensure that a return referred to in paragraph (b), is made available for inspection by an authorised officer upon request; and (e) must ensure that the tour vessel does not remain within 100 metres of a dolphin for more than 20 minutes at a time. 10. Fees for permits under section 78 (1) The fee payable for a permit under section 78(1)(g) of the Act authorising tours involving dolphin swims is $650.00 for the period for which the permit is issued. (2) The fee payable for a permit under section 78(1)(g) of the Act authorising tours involving dolphin sightseeing is $350.00 for the period for which the permit is issued. r. 10 -- 10 of 14 -- S.R. No. 156/1997 Wildlife (Whales) Regulations 1997 10 _______________ r. 10 -- 11 of 14 -- S.R. No. 156/1997 Wildlife (Whales) Regulations 1997 11 PART 3—GENERAL RESTRICTIONS ON ACTIVITIES RELATING TO WHALES 11. Offences relating to persons in charge of vessels or using personal watercraft in waters in the vicinity of whales (1) A person in charge of a vessel or a personal watercraft in waters in the vicinity of whales must not— (a) cause or permit that vessel or personal watercraft— (i) to approach a whale head on; or (ii) to be in the path of a whale; or (iii) to separate a group of whales; or (iv) to come between a mother and calf; or (b) cause or permit an anchor to be dropped or lowered overboard of the vessel within 300 metres of a whale. Penalty: 20 penalty units. (2) A person in charge of a vessel or using a personal watercraft in waters within 300 metres of a whale must— (a) when moving the vessel or personal watercraft, do so at a constant speed that does not exceed 5 knots; and (b) avoid sudden changes in direction; and (c) manoeuvre the vessel or personal watercraft to a distance of at least 200 metres from the whale if the whale shows any sign of disturbance. Penalty: 20 penalty units. r. 11 -- 12 of 14 -- S.R. No. 156/1997 Wildlife (Whales) Regulations 1997 12 12. Offence relating to person in charge of aircraft in the vicinity of whales A person in charge of an aircraft must not manoeuvre the aircraft lower than 300 metres above an area within 300 metres of a whale. Penalty: 20 penalty units. 13. Offence to make noise or play back recordings in the vicinity of whales A person who is within 300 metres of a whale must not— (a) make, or cause to be made, any loud or sudden noise; or (b) play back, or cause to be played back, any underwater sound or recording of any kind. Penalty: 20 penalty units. 14. Offence to feed whales A person must not feed or attempt to feed a whale. Penalty: 20 penalty units. 15. Expiry These Regulations expire on 30 November 1998. ═══════════════ r. 12 -- 13 of 14 -- S.R. No. 156/1997 Wildlife (Whales) Regulations 1997 13 NOTES 1 S.R. No. 102/1990. Notes -- 14 of 14 --