australian na tional guidelines - national environment protection council | national...

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&AREAS OF SPECIAL INTERESTAREAS OF SPECIAL INTERESTAREAS OF SPECIAL INTERESTAREAS OF SPECIAL INTERESTAREAS OF SPECIAL INTEREST

F O RF O RF O RF O RF O R

CETCETCETCETCETACEAN OBSERACEAN OBSERACEAN OBSERACEAN OBSERACEAN OBSERVVVVVAAAAATIONTIONTIONTIONTION

February 2000February 2000February 2000February 2000February 2000

AUSTRALIAN NAAUSTRALIAN NAAUSTRALIAN NAAUSTRALIAN NAAUSTRALIAN NATIONALTIONALTIONALTIONALTIONAL GUIDELINES GUIDELINES GUIDELINES GUIDELINES GUIDELINES



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The Guidelines have been developed by the following agencies for the Australian and New ZealandEnvironment and Conservation Council (ANZECC).

New South Wales National Parks and Wildlife Service

Northern Territory Parks and Wildlife Commission

Queensland Environmental Protection Agency (formerly Department of Environmentand Heritage)

South Australia Department of Environment, Heritage and Aboriginal Affairs

Tasmania Department of Primary Industries, Water and Environment

Victoria Department of Natural Resources and Environment

Western Australia Department of Conservation and Land Management

Commonwealth Environment Australia

Commonwealth Scientific and Industrial Research Organisation

Great Barrier Reef Marine Park Authority

An extensive consultation process was also undertaken with industry, non-government organisations,regulatory staff, researchers, documentary makers, fishing and dive charters operators and thegeneral public.

Commonwealth of Australia 2000Published by Environment Australia, February 2000

ISBN: 0 642 54657 6

This work is copyright. Information presented in this document may be reproduced in whole or partfor study or training purposes, subject to the inclusion of acknowledgement of the source andprovided no commercial usage or sale of the material occurs. Reproduction for purposes other thanthose given requires written permission from Environment Australia. Requests for permission shouldbe addressed to the Assistant Secretary, Corporate Relations and Information Branch, EnvironmentAustralia, GPO Box 787, Canberra ACT 2601.

Copies of this document are available from Environment Australia’s Community Information Unit byphoning toll-free 1800 803772 during business hours. It is also available on the Internet at:http://www.environment.gov.au/marine/species-protection/cetacean-guide.html

This document is printed on 110 gsm Prologue (text) and 250 gsm Impress gloss (cover)Printed by Elect Printing, 112 Wollongong St, Fyshwick, ACT 2609

C

Cover picture: A female humpback whale with calf passing a stationary boat, providing those on boardwith a closer view than would be recommended if the boat approached the whales.

Photo: D K Coughran

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TTTTTable of Contentsable of Contentsable of Contentsable of Contentsable of Contents

Part One: Australian National Guidelines for Cetacean Observation .................................................... 1

1 Introduction ............................................................................................................................................ 31.1 Why guidelines are needed ......................................................................................................... 31.2 Aims of the guidelines ................................................................................................................. 31.3 How to use the guidelines ........................................................................................................... 31.4 How the guidelines apply ............................................................................................................ 31.5 The difference between you approaching a cetacean and a cetacean approaching you ........ 41.6 Exceptions ..................................................................................................................................... 41.7 Disturbances to cetaceans ........................................................................................................... 41.8 How do you know if a cetacean is disturbed .............................................................................. 41.9 What disturbance to a cetacean may mean ............................................................................... 4

2 Guidelines ............................................................................................................................................... 62.1 Vessels ........................................................................................................................................... 62.2 Aircraft .......................................................................................................................................... 82.3 Land .............................................................................................................................................. 92.4 Feeding .......................................................................................................................................... 92.5 Touching ....................................................................................................................................... 92.6 Noise ........................................................................................................................................... 102.7 Swimming and diving ......................................................................................................... ....... 10

3 Glossary of terms ................................................................................................................................... 12

Part Two: Areas of Special Interest for Cetacean Observation .............................................................. 15

1 Introduction .......................................................................................................................................... 172 Areas of special interest ....................................................................................................................... 18

2.1 South Australia ............................................................................................................. ............. 182.2 Queensland ................................................................................................................................ 182.3 Western Australia ....................................................................................................................... 182.4 New South Wales ....................................................................................................................... 192.5 Victoria ....................................................................................................................................... 202.6 Tasmania ..................................................................................................................................... 202.7 Commonwealth waters ......................................................................................................... ...... 20

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AUSTRALIAN NAAUSTRALIAN NAAUSTRALIAN NAAUSTRALIAN NAAUSTRALIAN NATIONALTIONALTIONALTIONALTIONAL GUIDELINES GUIDELINES GUIDELINES GUIDELINES GUIDELINESFORFORFORFORFOR


Part OnePart OnePart OnePart OnePart One

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11111 IntroductionIntroductionIntroductionIntroductionIntroduction

1.1 Why guidelines are needed1.1 Why guidelines are needed1.1 Why guidelines are needed1.1 Why guidelines are needed1.1 Why guidelines are needed

Whale and dolphin watchers, tourism operatorsand wildlife managers alike are concerned toensure that tourism activities focussing oncetaceans (whales, dolphins and porpoises) donot harm the animals involved. Clearly definedstandards for all human activity aroundcetaceans are needed to ensure that people areaware that their actions may disturb theanimals, and that they know how to minimiseany effect they may have. Guidelines thatminimise disturbance to cetaceans serve toprotect the animals, and ensure that people canenjoy high quality whale and dolphin watchingexperiences.

1.21.21.21.21.2 Aims of the guidelinesAims of the guidelinesAims of the guidelinesAims of the guidelinesAims of the guidelines

The National Guidelines for CetaceanObservation cover interactions between peopleand cetaceans in the wild during recreationalobservation activities and have two main aims:

• to minimise harmful impacts on cetaceanpopulations by ensuring that the normalpatterns of daily and seasonal activity ofwhales and dolphins are maintained in theshort and long-term; and

• to ensure people have the best opportunityto enjoy and learn about the animalsthrough observation that is successful forpeople and cetaceans alike.

1.31.31.31.31.3 How to use the guidelinesHow to use the guidelinesHow to use the guidelinesHow to use the guidelinesHow to use the guidelines

The detailed information in these guidelinesdirects people’s behaviour around cetaceans.Knowing why observing these guidelines willminimise the impacts of your presence willenable you to apply the guidelines mosteffectively. Keep in mind that whale anddolphin interactions should be conducted to:

• allow cetaceans to continue whateveractivity they are engaged in without cominginto direct contact with people or vesselsunless they choose to do so; and

• allow the cetacean(s), should it/they chooseto interact, to determine the nature andextent of any contact with people. Theguidelines should be applied to achievethese goals.

1.41.41.41.41.4 How the guidelines applyHow the guidelines applyHow the guidelines applyHow the guidelines applyHow the guidelines apply

These guidelines are a guide to acceptablebehaviour for all people encountering andseeking to interact with cetaceans. Theyprovide national standards for human behaviourin interactions between people and cetaceans inAustralian State, Territory and Commonwealthwaters. They are the first tier of a two-tieredmanagement system for State/Territory andCommonwealth jurisdictions. Jurisdictionalauthorities may choose to enforce conditionsand controls in addition to these guidelinesunder the second tier of management. Anymore stringent conditions imposed under Stateor Territory legislation will take precedence overthese guidelines.

W h oW h oW h oW h oW h o

The guidelines apply to everybodyinteracting with cetaceans – commercialoperators and the general public alike.

Which speciesWhich speciesWhich speciesWhich speciesWhich species

The guidelines apply to all whales, dolphinsand porpoises (all members of the OrderCetacea). This includes those predisposed tobow riding or close approaches, as theprinciples for allowing cetaceans to choose tointeract apply equally to these species.

WhereWhereWhereWhereWhere

The guidelines apply in all Australian waters.

What they coverWhat they coverWhat they coverWhat they coverWhat they cover

The guidelines cover all activities involvingrecreational and commercial observation ofcetaceans in the wild including the use ofall water craft and aircraft, noise andplayback of sound, feeding, swimming anddiving.

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1.51.51.51.51.5 The difference between youThe difference between youThe difference between youThe difference between youThe difference between youapproaching a cetacean and aapproaching a cetacean and aapproaching a cetacean and aapproaching a cetacean and aapproaching a cetacean and acetacean approaching youcetacean approaching youcetacean approaching youcetacean approaching youcetacean approaching you

It is essential that everyone wishing to watch orinteract with cetaceans understands theimportant distinction between you movingtoward a cetacean, and a cetacean movingtoward you. The guidelines refer to activeapproaches by people, and so stipulate how faryou are allowed to move towards a cetacean.When you reach that distance, you shouldstand off and wait. Sometimes a cetacean willmove towards you and will come much closerthan you are permitted to actively approach it.This situation is not in conflict with theguidelines. You are allowing the cetacean todetermine whether it wishes to interact or not,as described in Section 1.3.

When operating on the water the difference isusually obvious. If a cetacean wants to interactit will remain with the vessel or swimmer, whichcan drift passively with the cetacean keepingpace. If you are actively motoring or swimmingto stay within a certain distance of a cetacean,this means that the animal is moving away fromyou and is choosing not to interact with orapproach you. In this situation you arecontravening the guidelines if you are closerthan the specified distances.

1.61.61.61.61.6 ExceptionsExceptionsExceptionsExceptionsExceptions

Exceptions to the guidelines may occur underscientific, educational or other permit.Exceptions may also occur in stranding orentanglement situations, however in thesecircumstances the relevant conservationauthority should be contacted at the earliestopportunity. Some activities, such as feeding bypeople, may only take place under the directionof an operator in specified locations.

1.71.71.71.71.7 Disturbances to cetaceansDisturbances to cetaceansDisturbances to cetaceansDisturbances to cetaceansDisturbances to cetaceans

Whales can potentially be disturbed by activitytens or even hundreds of kilometres distant.Because whale and dolphin observationactivities occur at much shorter distances, the

potential for disturbing the animals is increased.To reduce possible adverse effects on theanimals while allowing reasonable approachesfor viewing, these guidelines establish a cautionzone. The caution zone is the area within 300metres for baleen whales and large odontocetes,or 150 metres for dolphins. If observing groupscontaining both whales and dolphins, the 300mcaution zone applies. Within the caution zonedistances have been selected to protectcetaceans from potential adverse effects ofwhale and dolphin watching activities, whileproviding for close enough approaches forviewing.

1.81.81.81.81.8 How do you know if aHow do you know if aHow do you know if aHow do you know if aHow do you know if acetacean is disturbed?cetacean is disturbed?cetacean is disturbed?cetacean is disturbed?cetacean is disturbed?

Determining when cetaceans are disturbed canbe difficult. Disturbance can show itself inbehavioural and/or physiological changes andcan be less obvious than expected. In general,cetaceans move more slowly than vessels and sohave limited options to avoid interaction whenconfronted by a vessel.

The following reactions often, although notalways, indicate that a cetacean is disturbed:

• attempts to leave the area or vessel (quicklyor slowly)

• regular changes in direction or speed ofswimming

• hasty dives• changes in respiration patterns• increased time spent diving compared to

time spent at the surface• changes in acoustic behaviour• certain surface behaviours such as tail

slashes, and trumpet blows

1.91.91.91.91.9 What disturbance to aWhat disturbance to aWhat disturbance to aWhat disturbance to aWhat disturbance to acetacean may meancetacean may meancetacean may meancetacean may meancetacean may mean

Changes in behaviour like those describedabove may not appear to be detrimental in theshort term. The long-term consequences,however, are not yet well understood, but couldbe significant. Additionally, the effects may beminor in isolation, but may become significantin accumulation, for example if the number of

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whale watching vessels increases. The followingare some of the potential problems that may becaused by disturbance:

• displacement from important feeding areas• disruption of feeding• disruption of nursing, mating and

reproductive and other social behaviours• abandonment of preferred breeding or

calving sites• changes to regular migratory pathways to

avoid human interaction zones• stress• injury• increased mortality.

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2 Guidelines2 Guidelines2 Guidelines2 Guidelines2 Guidelines

2.12.12.12.12.1 VVVVVesselsesselsesselsesselsessels

Careful vessel design and care in operation canreduce the effect boats have on cetaceans.Some of the possible impacts of vessel presenceare the introduction of underwater noise,pollution, and physical injury. These factors areparticularly important when the boat is used forwildlife viewing and is intentionally broughtclose to the animals. As the number of vesselsaround a pod of cetaceans increases, thepossibility of disturbing the animals rises. Aswith all activities which may disturb cetaceans,especially those for which the full effects ofdisturbance are unknown, it is important tominimise the level of interference. There aresome simple ways to reduce the impacts ofvessel use on cetaceans.

1)1)1)1)1) VVVVVessel typesessel typesessel typesessel typesessel types

a. Vessels include all motorised, paddle and/orsail craft (eg motorboats, yachts, kayaks,canoes, surfskis, inflatable craft, hovercraft).

b. Craft prohibited for whale and dolphininteractions are: personal motorisedwatercraft (eg jetskis and similar craft),parasails, and hovercraft.

c. A person on a surfboard should not approachcetaceans within 30m for safety reasons.

2)2)2)2)2) Operation of vesselsOperation of vesselsOperation of vesselsOperation of vesselsOperation of vessels

Prohibited craftProhibited craftProhibited craftProhibited craftProhibited craft

a. If a person using a prohibited craft finds her/himself in the vicinity of a cetacean she/heshould slow down and avoid the cetacean,giving at least 300m distance between thevessel and the cetacean.

Approach distances for permitted craft (distancesApproach distances for permitted craft (distancesApproach distances for permitted craft (distancesApproach distances for permitted craft (distancesApproach distances for permitted craft (distancesmay also be regulated under State legislation andmay also be regulated under State legislation andmay also be regulated under State legislation andmay also be regulated under State legislation andmay also be regulated under State legislation andmay differ from those given here)may differ from those given here)may differ from those given here)may differ from those given here)may differ from those given here)

b. When within the caution zone of a cetacean,move at a constant, slow (‘no wake’) speed.

c. The caution zone is the area within 300m ofa whale and 150m of a dolphin.

d. Do not approach closer than 100m to anywhale.

e. Do not approach closer than 50m to anydolphin.

f. Allowing a vessel to drift within theapproach limits specified for cetaceans dueto wind, currents or forward momentumconstitutes an approach and should notoccur.

g. If cetaceans show disturbance activities,withdraw immediately at a constant slow ‘nowake’ speed to the outside of the cautionzone.

h. Please exercise additional caution whenobserving pods containing calves. It isadvisable not to approach within the cautionzone when observing calves or podscontaining calves.

i. Do not approach very young calves or podscontaining very young calves (ie. foetal foldcalves). Foetal fold calves can be identifiedby the presence of pale lines on the sides ofthe body. Use binoculars to determinewhether foetal fold calves are present.

j. Should you mistakenly approach such a pod,withdraw immediately at a constant slow ‘nowake’ speed to the outside of the cautionzone.

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How to approach cetaceansHow to approach cetaceansHow to approach cetaceansHow to approach cetaceansHow to approach cetaceans

k. Where possible, post a dedicated lookout inaddition to the skipper, when approachingwithin the caution zone of a cetacean.

l. Approach cetaceans from parallel to andslightly to the rear. Do not approach fromdirectly behind. Alternatively, position yourvessel outside the caution zone ahead of andto the side of the animals’ path of travel, andallow them to approach you. Do notintercept the path of travel or approach fromhead-on.

m. Try to position your vessel downwind ofwhales to avoid engine fumes wafting overthem.

n. Avoid sudden or repeated changes indirection or speed when within the cautionzone. This will decrease noise and the risk ofcollisions.

While watching cetaceansWhile watching cetaceansWhile watching cetaceansWhile watching cetaceansWhile watching cetaceans

o. When stopping to watch cetaceans, placeyour gear selector in neutral, and allow themotor to idle without turning off; or allowthe motor to idle for a minute or two beforeturning off. This prevents abrupt reductionsin noise which can startle the animals.

p. Avoid excess engine use, gear changes,manoeuvring or backing up to cetaceans.These produce sudden, large changes inunderwater noise levels which may startle,annoy or drive cetaceans away.

q. Avoid the use of bow or stern lateralthrusters to maintain position. Thrustersproduce intense cavitation (air bubbleimplosion)noise underwater.

r. Avoid having more than three boats withinthe caution zone at one time to preventcrowding of the cetaceans.

s. Do not box cetaceans in, cut off their pathor prevent them from leaving. This isparticularly important when more than onevessel is present. Vessels should positionthemselves adjacent to each other to ensurethe cetaceans have large open avenues toleave the area. Be sure not to box cetaceansin against the shore. Vessel operators shouldcoordinate their movements aroundcetaceans by radio contact where possible.

t. Cetaceans should not be pursued. Do notdrive into or through a group of cetaceans.

When leaving cetaceansWhen leaving cetaceansWhen leaving cetaceansWhen leaving cetaceansWhen leaving cetaceans

u. When leaving cetaceans, move off at a slow‘no wake’ speed to the outer limit of thecaution zone for the closest animal beforegradually increasing speed. Avoid engagingpropellers within the minimum approachdistance, but if necessary to do so, takeextreme care.

If a cetacean approaches youIf a cetacean approaches youIf a cetacean approaches youIf a cetacean approaches youIf a cetacean approaches you

v. Cetaceans will sometimes approach a vesselmore closely than the specified approachdistance of their own accord. Except in thecase of dolphins or other small cetaceanswhich may approach the vessel to bow ride,place the engines in neutral and let theanimal(s) come to you; or slow down andcontinue on course, avoiding potentialcollisions; or steer a straight course awayfrom them.

w. When dolphins or other small cetaceansapproach a vessel to bow ride, vessels should

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not change course or speed suddenly. Avessel should not be brought within thecaution zone for dolphins, faster than a ‘nowake’ speed, in an attempt to encouragebow riding.

OtherOtherOtherOtherOther

x. If a cetacean surfaces in the vicinity of yourvessel when you are in transit for a purposeother than watching cetaceans, take all carenecessary to avoid collisions. This mayinclude stopping, slowing down, and/orsteering away from the animal.

y. Obey any additional restrictions on approachdistances or other requirements forparticular species or areas.

3)3)3)3)3) Design and maintenanceDesign and maintenanceDesign and maintenanceDesign and maintenanceDesign and maintenance

a Maintain the vessel in good condition.Noise generally increases as moving partswear. Ensure engine mounts are in goodcondition to minimise transfer of noisethrough the hull into the water. Ensurepropellers are in good condition to minimisecavitation. Keep engines in a good state ofrepair and tune to avoid oil and fuelleakages and to avoid producing excessiveengine fumes. Cetaceans may have tobreathe your fumes.

b Use sound-proofing and vibration isolationaround the engine where possible.

c For heavily used cetacean watching vessels,main engines should be fitted or designed sothat they can be readily shut down or idledfor long periods. During long bouts ofcetacean watching, some idled engines willfoul and produce excessive exhaust smokeon acceleration.

d. If commissioning a vessel for cetaceanwatching, it would be preferable for thevessel to incorporate the following features:

i) have good access for passenger viewing tominimise the need to constantlyreposition vessel for viewing

ii) be manoeuvrable at low speeds to

minimise the need for increasedrevolutions to position the vessel

iii) have low windage in relation to draughtto minimise effects of wind on position.

2.22.22.22.22.2 AircraftAircraftAircraftAircraftAircraft

Operation of aircraft around cetaceans cancause alterations to the cetaceans’ normalpatterns of behaviour. Avoidance behaviour,such as immediate diving, has been observed incetaceans in response to overflights by aircraft,particularly helicopters. They may be reactingto the noise of the aircraft, its shadow, orhelicopter rotorwash. An aircraft approachesrelatively fast and can startle the cetacean byits sudden appearance.

1) T1) T1) T1) T1) T ypeypeypeypeype

a. Aircraft include all airborne craft (eg. fixedwing, helicopters, gliders, hang-gliders, hotair balloons, airships).

b. Helicopters are prohibited aircraft for whaleor dolphin watching.

2) Operation of allowed aircraft2) Operation of allowed aircraft2) Operation of allowed aircraft2) Operation of allowed aircraft2) Operation of allowed aircraft

a. A person in charge of an aircraft should not:

i) operate lower than 1000ft (~300m)within a 300m radius of a cetacean (ie300m on the slant). This includescircling, flying directly over and buzzingcetaceans.

ii) approach a cetacean from head-on.

b. Aircraft should not land on the water for thepurpose of observing cetaceans.

c. Aircraft should cease contact with theanimal or pod if disturbance is observed, forexample if the cetacean immediately orrepeatedly dives or begins to increaseswimming speed.

3) Operation of prohibited aircraft3) Operation of prohibited aircraft3) Operation of prohibited aircraft3) Operation of prohibited aircraft3) Operation of prohibited aircraft

a. Helicopters in transit for another purpose andin the vicinity of cetaceans should remain atleast 1000m away. Helicopters should nothover over cetaceans.

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2.32.32.32.32.3 LandLandLandLandLand

Observing from land causes the leastdisturbance to cetaceans. Many cliffs andheadlands provide excellent vantage points.Whales and dolphins can be seen most easily onclear calm days – a pair of binoculars is veryhelpful. Be aware of the impact you may have onthe terrestrial environment and remembercoastal dunes and headlands can be sensitiveareas.

1)1)1)1)1) GeneralGeneralGeneralGeneralGeneral

a. Keep to formed pathways and lookouts,remain inside guard rails, obey signs andtake care close to cliff edges.

b. Be sure not to damage vegetation anddispose of rubbish carefully.

c. Don’t throw anything into the water.

d. Remember to respect access considerationsfor all land owners and managers includingaboriginal land, national parks and privateproperty.

2.42.42.42.42.4 FeedingFeedingFeedingFeedingFeeding

Like any wild animals, cetaceans are well-adapted to finding food in their naturalenvironment. They are able to choose the typeof foods that will provide them with the correctnutritional balance, and to consume the correctamount of food to keep them in good health.Feeding is a very social activity for manycetaceans and provisioning by humansinterferes with hunting and other naturalsocialising behaviours. There areenvironmental, health and safety concernsassociated with deliberate feeding. In mostcases feeding by humans has been shown tohave adverse effects, sometimes severe, on thecetaceans concerned.

1)1)1)1)1) For other than existing feedingFor other than existing feedingFor other than existing feedingFor other than existing feedingFor other than existing feedingprograms authorised by the relevantprograms authorised by the relevantprograms authorised by the relevantprograms authorised by the relevantprograms authorised by the relevantwildlife authoritywildlife authoritywildlife authoritywildlife authoritywildlife authority

a. A person should not deliberately feed orattempt to feed a wild cetacean. Thisincludes throwing food or rubbish in the

water in the vicinity of cetaceans, andfeeding from boats. Routine discard ofbycatch by commercial fishers is excluded,but should be minimised in the presence ofcetaceans.

2)2)2)2)2) Existing feeding programsExisting feeding programsExisting feeding programsExisting feeding programsExisting feeding programs

a. Feeding is permitted only under programsauthorised by the relevant wildlifeauthorities, currently at:

i) Monkey Mia, Western Australiaii) Bunbury, Western Australiaiii) Tangalooma, Queensland.

Feeding at these centres should occur undersupervision and in accordance with a strictregime. Additional feeding programs shouldbe authorised only after the relevant wildlifeauthority has investigated the potentialimpacts of a planned feeding proposal on thetarget cetacean population and itsenvironment, and been satisfied that thepredicted impacts are acceptable.

b. A situation at Tin Can Bay in Queenslandinvolving the regular human interactionwith dolphins, including feeding, is beingmonitored by the Queensland Government.Action is being taken to regulate thisactivity to ensure human safety andconservation of the dolphins.

c. Continuing studies on the effects ofprovisioning should accompany existingcetacean feeding programs.

2.52.52.52.52.5 TTTTTouchingouchingouchingouchingouching

Touching is not encouraged as ‘friendly’ whalesand dolphins accustomed to these encountersmay become over zealous, placing boththemselves and humans at risk. Diseasetransmission is also possible when close contactoccurs.


a. If a cetacean comes close to you, avoidtouching or sudden movements that mightstartle it.

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2.62.62.62.62.6 NoiseNoiseNoiseNoiseNoise

Cetaceans have sensitive hearing and soundplays an important role in communication,navigation and prey location. Sound may beused to convey information about territory,status, danger, food or position. Noise thathumans introduce into the underwaterenvironment can mask important sounds ordamage cetacean hearing. It is very difficult todetermine how a cetacean may react to aparticular sound or how severe the effects maybe, so production of noise should be minimised.


a. Avoid making loud or sudden noises nearcetaceans. If a cetacean comes close toshore or your boat, remain quiet.

b. Playback of underwater sound of any kind(biological or non-biological) should notoccur. This includes playback of recordedwhale or dolphin sounds or song.

c. The use of an underwater microphone(hydrophone) suspended in the water tolisten to underwater sounds of the marineenvironment and cetaceans in particular isstrongly encouraged.

d. See vessel and aircraft sections of theseguidelines for information on how tominimise noise disruption from these sources.

2.72.72.72.72.7 Swimming and divingSwimming and divingSwimming and divingSwimming and divingSwimming and diving

When close human contact is initiated withwild animals it is important to remember thateither the animal or the person, or both, may beplaced at risk. In the case of cetacean swim ordiving programs, the risk to humans is of injuryfrom forceful interactions initiated bycetaceans. On rare occasions, humans havebeen injured by captive and wild cetaceans.The greatest risk to cetaceans may be from themisuse of vessels and the inappropriateplacement of people in the water, forcing theanimals to actively avoid interaction.Manoeuvring a boat to allow swimming withcetaceans can pose an elevated risk ofharassment. It is in the interests of all

concerned to adopt strategies to minimise theserisks. Remember, cetaceans are wild animals.(Distances may also be regulated under Tier 2State legislation and may differ from thosegiven here).


a. Because of the risks of injury or harm toswimmers/divers and cetaceans, only personsoperating within the requirements ofspecially permitted swimming operationsshould deliberately swim/dive in the vicinityof cetaceans. For the purpose of theseguidelines ‘swimming’ with cetaceansincludes swimming, snorkelling and diving.

b. Establishment of new commercial swimoperations or expansion of existingoperations should be preceded by studies toobtain baseline data on the population priorto the operation beginning, in order toidentify potential impacts and mitigationmeasures.

c. Commercial swim operations should beaccompanied by ongoing research to monitorcetacean responses to swimmers to helptrack any changes in animal behaviourthat may have implications for cetaceans orpeople.

d. All specially permitted swim programs shouldadopt the general swim guidelines below as aminimum standard (Tier 1), with additionalrequirements as necessary to meet localconditions (Tier 2).

e. If in the water near a cetacean a swimmer,snorkeller or diver should not approach acetacean closer than 30 metres.

f. Do not swim with whale calves of the year orwhale pods containing calves of the year.

g. Do not swim with foetal fold dolphin calves.

h. Sometimes cetaceans will approach or passclosely to swimmers or divers. If approachedby a cetacean move slowly to avoid startlingthe animal and do not attempt to touch it orswim toward it. Be wary as cetaceans arewild animals and close interactions can bedangerous.

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i. The use of scooters or motorised diving aidsis only permitted under licensingarrangement with the relevant jurisdiction.Otherwise the minimum approach distancesfor vessels apply to these craft.

2)2)2)2)2) Requirements for all speciallyRequirements for all speciallyRequirements for all speciallyRequirements for all speciallyRequirements for all speciallypermitted swim programs, all species,permitted swim programs, all species,permitted swim programs, all species,permitted swim programs, all species,permitted swim programs, all species,all areas (Tier 1)all areas (Tier 1)all areas (Tier 1)all areas (Tier 1)all areas (Tier 1)

a. All vessel operation procedures andapproach guidelines apply for this section. Atall times manoeuvre the vessel and behavearound cetaceans in accordance withapplicable parts of these guidelines and anyother regulations, codes of practice orrestrictions applicable to the area andspecies.

b. A vessel attempting to initiate swiminteractions should be subject to specificpermit conditions established by the relevantwildlife authority or, in the absence of suchconditions, be subject to the same approachdistance limitations with respect to thecetacean as any other vessel.

c. No other vessel should be closer than 100mto a vessel conducting swims.

d. Swimmers should be placed in the water infront of and to the side of the cetacean’spath of travel. Do not place swimmersdirectly in the path of cetaceans.

e. Take care when entering the water (nojumping or diving), and use gentle, quietmovements while in the water to help avoidstartling cetaceans.

f. It is advisable not to enter the water whilecetaceans are within 30m.

g. Attempts at swimming with cetaceansshould stop if the animals show signs ofdisturbance and swimmers should leave thewater in an orderly fashion without startlingthe animals.

h. Where a rope(s) (or similar) is to be used tosupport observers in the water, it shouldpreferably be attached to the vessel andswimmers should hold onto the rope(s).Ropes should not be configured in a way

that may pose an entanglement risk tocetaceans or humans (maximumrecommended length is 50m).

i. The vessel should not actively towswimmers. Should re-positioning of thevessel be required, swimmers should leavethe water.

j. Successive swims or swim attempts with thesame pod should be avoided if avoidancereactions have been observed.

k. The use of SCUBA or hookah gear fordedicated cetacean observation activities isnot sanctioned.

3)3)3)3)3) Additional requirements to beAdditional requirements to beAdditional requirements to beAdditional requirements to beAdditional requirements to beconsidered on a regional basis asconsidered on a regional basis asconsidered on a regional basis asconsidered on a regional basis asconsidered on a regional basis asnecessary (Tier 2)necessary (Tier 2)necessary (Tier 2)necessary (Tier 2)necessary (Tier 2)

In determining provisions under Tier 2, speciesbiology and behaviour, seasonal requirements,habitat requirements and type of cetaceanobservation operation should be considered.Specific issues to be considered should include:

a. Maximum number of swimmers per day.

b. The maximum interaction time with a pod.

c. The maximum cumulative interaction timewith the pod/population per day.

d. The time required between successive swimattempts.

e. The need for a designated ‘reserve’ area forthe animals within the region where noswims are permitted.

f. The need for a closed season during whichtime no swims would be permitted.

g. Behavioural state of cetaceans.

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33333 Glossary of TGlossary of TGlossary of TGlossary of TGlossary of T ermsermsermsermserms

aircraft any machine or apparatus forcarrying people through the air.

approach movement toward an object oranimal

Australian all state, territory andwaters commonwealth waters from high

water mark to the 200nm limit ofthe Exclusive Economic Zone,including estuarine waters

avoid/ active movement or attempts toavoidance move away from or evade an object

bow ride ride on the pressure wave at thebow of a vessel or object movingthrough the water

buzzing to fly an aircraft very low over anobject on or near the surface

calf-whale for the purposes of these guidelines,a whale calf is an animal born inthat year/calving season.

calf-dolphin for the purposes of approachdistances in these guidelines adolphin calf is an animal half thelength or less of an adult animal ofthat species

for the purposes of swimming withdolphins, a dolphin calf is anewborn animal on which foetalfolds can be seen

caution an area around the cetacean wherezone extra care needs to be taken by

vessels; it has been created for thepurpose of these guidelines toprotect cetaceans from potentialadverse effects of whale and dolphinwatching activities while providingfor close enough approaches forviewing

cavitation noise formed by the implosion of airbubbles formed in areas of lowpressure moving to areas of higherpressure during vessel manoeuvring

cease stop attempts to interact withcontact cetacean or pod

cetacean any member of the taxonomic orderCetacea, a whale, dolphin orporpoise. No porpoises occur inAustralian continental waters.

commercial cetacean observation activityconducted with the intention toderive a profit component

disturbance activities which cause behaviouraland/or physiological changes in ananimal

diver a person in the water equipped withunderwater breathing apparatussuch as hookah or SCUBA

dolphin in these guidelines ‘dolphin’ means:those members of the SuborderOdontoceti from the FamilyDelphinidae, excluding members ofthe subfamily Globicephalinae.Dolphins are distinguished fromporpoises by their pointed teeth andpronounced beak.

draught the depth of a vessel below thewater line

feeding the provision of food or othersubstances that may be ingested

first tier base level management prescriptionsmanagement establishing minimum standards

eg. the Australian NationalGuidelines

foetal fold calves that have visible foetal folds,calf these are usually evident by paler

lines (or ‘fold’ marks) where theskin was creased before birth. the‘fold’ marks disappear as the calfgets older

group see pod (operational)

guidelines the Australian National Guidelinesfor Cetacean Observation

harmful injurious or damaging

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harassment disturbance to normal behaviour

idle an engine turning over, but with nogear engaged

impacts effects of activities, either positiveor negative

in the wild in a natural environment and notcontained in restricted area

interact/ to seek an encounter, includinginteraction observation, with a cetacean

intercept to cut across the path of

interference disturbance to normal behaviour

long-term manifestation of changes overaperiod of time, may be temporary orpermanent

national requirements that apply throughoutstandards Australia

normal that range of behaviours that theactivity individual or pod would be engaged

in without the presence of humans

‘no wake’ a slow speed at which wash createdspeed by boat passage is negligible

odontocetes toothed whales; members of theSuborder Odontoceti from thefamilies Physeteridae, Ziphiidae andKogiidae, and the subfamilyGlobicephalinae

personal a power-driven device that has amotorised fully enclosed hull designed to notwatercraft take on water, and designed to be

operated by a person standing,crouching, kneeling, or sittingastride it

playback the deliberate transmission ofrecorded sound into thesurrounding medium

pod a small herd or school of cetaceans,(biological) usually a breeding unit

pod a herd of two or more animals(operational)separated by 2 – 3 adult body

lengths or less

porpoise members of the family Phocoenidae.Distinguished from dolphins by theirspade-shaped teeth and the absenceof a beak

recreation an activity conducted for leisure

second tier management prescriptionsmanagement establishing more rigorous

requirements than those under thefirst-tier, eg. State regulations,regional Plans of Management

short-term temporary changes

snorkeller a person in the water equipped witha snorkel

song the series of sounds produced bysome whales, such as the humpback

swimmer a person in the water

vessel a water craft, floating structure orboat of any description

whale in these guidelines ‘whale’ means:all members of the SuborderMysticeti and those members of theSuborder Odontoceti from thefamilies Physeteridae, Ziphiidae andKogiidae, and the subfamilyGlobicephalinae

windage the surfaces of a vessel above thewater line

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AREAS OF SPECIAL INTERESTAREAS OF SPECIAL INTERESTAREAS OF SPECIAL INTERESTAREAS OF SPECIAL INTERESTAREAS OF SPECIAL INTEREST



Part TPart TPart TPart TPart T w ow ow ow ow o

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1.1.1.1.1. IntroductionIntroductionIntroductionIntroductionIntroduction

Some areas in Australia are of particularinterest in the context of cetacean-basedtourism. Express recognition of these areas bymanagement jurisdictions and industryoperators is important to ensure thatdevelopment of tourism activity directed atcetaceans in these areas is appropriate. Earlyidentification of such areas will allowdevelopments to be assessed critically in thecontext of existing values of the area andeffective management to be implemented at anearly stage. The areas discussed here are asmall selection of those that are of specialinterest for large whales; additional areas areequally important for other cetacean species, forexample Monkey Mia in Western Australia.

An area may be recognised as of significance fora range of reasons. In some cases locations willbe important as critical habitat for a species, forexample the Head of Bight, South Australia forsouthern right whale breeding. In other casesits particular significance may arise from humancentred factors, such as the desire to preservethe integrity of a land-based whale watchingsite of particular note.

In some cases one jurisdiction may be solelyresponsible for management of the areaidentified, while in other situations a

cooperative approach between agencies will beneeded. Any management for areas of specialinterest should be based where possible onbiological and behavioural requirements with acooperative approach between jurisdictionseliminating artificial jurisdictional boundarylimitations.

This paper identifies areas of special interest forcetacean based tourism. Most of these havealready been afforded some form of recognitionby agencies. Areas of importance biologically,for example calving grounds, are included.Areas around notable land based whalewatching locations are identified with theintention to preserve the quality of touristexperiences.

Departments responsible for cetaceanmanagement in the regions identified areencouraged to consult with one another andother relevant parties to enhance theeffectiveness of management strategies acrossjurisdictional boundaries. Any specificmanagement provisions could be implementedas a second tier in the two tiered managementframework recommended by the ANZECC TaskForce on the Recreational Observation ofMarine Mammals and Other Species.

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2.12.12.12.12.1 South AustraliaSouth AustraliaSouth AustraliaSouth AustraliaSouth Australia

Area 1 – Head of Bight (Great Australian BightArea 1 – Head of Bight (Great Australian BightArea 1 – Head of Bight (Great Australian BightArea 1 – Head of Bight (Great Australian BightArea 1 – Head of Bight (Great Australian BightMarine Park areas)Marine Park areas)Marine Park areas)Marine Park areas)Marine Park areas)

Incorporating waters within the SouthAustralian Great Australian Bight WhaleSanctuary and Great Australian Bight MarineNational Park, and Commonwealth GreatAustralian Bight Marine Park. This is animportant calving and mating area for southernright whales, especially close to shore in theSouth Australian marine park, and offersexceptional land-based whale watchingopportunities.

Management considerations: Immediately prior to,during, and for some time after calving,cetaceans are at what is perhaps their mostvulnerable. Special protection should beafforded to cetaceans in known breeding areas.Preserving the integrity of land-based whalewatching experiences is a further managementconsideration for the area.

Jurisdictions: South Australia andCommonwealth.

Area 2 – Encounter Coast (Victor Harbor)Area 2 – Encounter Coast (Victor Harbor)Area 2 – Encounter Coast (Victor Harbor)Area 2 – Encounter Coast (Victor Harbor)Area 2 – Encounter Coast (Victor Harbor)

This is an important area for viewing ofsouthern right whales and calves between Mayand September. The area offers exceptionalland-based whale watching opportunities withina short distance from metropolitan Adelaideand attracts tens of thousands of peopleannually.

Management considerations: Protection of fragilecoastal vegetation and public safety issuesassociated with cliff top viewing and surf safety.

Jurisdictions: South Australia State and LocalGovernment.

2.22.22.22.22.2 QueenslandQueenslandQueenslandQueenslandQueensland

Area 1 covering the Whitsundays has beenexpanded to include the broader regioncovered by the Whitsundays Plan of

Management. Areas 2 to 4 are as detailed inSection 2.2.3 Areas of Special Interest,Management Program for the Conservation ofWhales and Dolphins in Queensland 1997-2001.

Area 1 – Whitsundays Plan of Management AreaArea 1 – Whitsundays Plan of Management AreaArea 1 – Whitsundays Plan of Management AreaArea 1 – Whitsundays Plan of Management AreaArea 1 – Whitsundays Plan of Management Area

Area 2 – Hervey BayArea 2 – Hervey BayArea 2 – Hervey BayArea 2 – Hervey BayArea 2 – Hervey Bay

Area 3 – Moreton Bay – Fraser IslandArea 3 – Moreton Bay – Fraser IslandArea 3 – Moreton Bay – Fraser IslandArea 3 – Moreton Bay – Fraser IslandArea 3 – Moreton Bay – Fraser Island

Area 4 – Gold Coast – Moreton IslandArea 4 – Gold Coast – Moreton IslandArea 4 – Gold Coast – Moreton IslandArea 4 – Gold Coast – Moreton IslandArea 4 – Gold Coast – Moreton Island

Area 5 – Cairns and Ribbon ReefsArea 5 – Cairns and Ribbon ReefsArea 5 – Cairns and Ribbon ReefsArea 5 – Cairns and Ribbon ReefsArea 5 – Cairns and Ribbon Reefs

The area is important for calving and breedingof the Area V humpback whale population withsightings records indicating that calvinggrounds extend north from the Whitsundays(21(S), with animals observed at 15(S (Morgan1992). The species utilises the area betweenabout July and September (Morgan 1992). Inaddition, dwarf minke whales are encounteredin the Ribbon Reefs area between about May toAugust and a swim with whales industry hasdeveloped based on this species.

Management considerations: Immediately prior to,during, and for some time after calving,cetaceans are at what is perhaps their mostvulnerable. Special protection could beafforded to cetaceans in known breeding areas.Land-based whale watching could beencouraged in preference to vessel-basedactivity. The development of swim programswith dwarf minke whales should continue to bemonitored as little is known about the speciesusage of the area.

Jurisdictions: Queensland and Commonwealth(Great Barrier Reef Marine Park Authority andEnvironment Australia).

2.32.32.32.32.3 Western AustraliaWestern AustraliaWestern AustraliaWestern AustraliaWestern Australia

Area 1 – Waters off the NW coast north of CapeArea 1 – Waters off the NW coast north of CapeArea 1 – Waters off the NW coast north of CapeArea 1 – Waters off the NW coast north of CapeArea 1 – Waters off the NW coast north of CapeLevequeLevequeLevequeLevequeLeveque

This area is important for calving and breedingof the Area IV humpback whale population,with preliminary studies indicating that calving

2. Areas of special interest2. Areas of special interest2. Areas of special interest2. Areas of special interest2. Areas of special interest

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grounds extend north and east of Cape Leveque(16(24' S) across the Buccaneer Archipelagoand Camden Sound region (Jenner & Jenner1996). The peak sightings period is mid-Augustto mid-September (Jenner & Jenner 1994;1996), however the species utilises the areabetween about July and October.

Management considerations: Immediately prior to,during, and for some time after calving,cetaceans are at what is perhaps their mostvulnerable. Special protection could beafforded to cetaceans in known breeding areas.Land-based whale watching could beencouraged in preference to vessel-basedactivity.

Jurisdictions: Western Australia andCommonwealth.

Area 2 – Coastal areas from Albany to the GreatArea 2 – Coastal areas from Albany to the GreatArea 2 – Coastal areas from Albany to the GreatArea 2 – Coastal areas from Albany to the GreatArea 2 – Coastal areas from Albany to the GreatAustralian BightAustralian BightAustralian BightAustralian BightAustralian Bight

These are important breeding areas for southernright whales and also for viewing humpbackwhales and possibly sperm whales (beingconsidered).

Management considerations: There is significanttourism activity at Albany, Bremer Bay andother coastal locations, with licensed whalewatch vessels in operation.

Jurisdictions: Western Australia and someCommonwealth.

Area 3 – Perth watersArea 3 – Perth watersArea 3 – Perth watersArea 3 – Perth watersArea 3 – Perth waters

These waters are important temporary rest areasfor southward migrating humpback whales fromAugust to November, with particular emphasison mother and calf pods in the latter part of theseason.

Management considerations: Potential forconflict between whales and vessels (bothrecreational and commercial) is increasingalong with the migrating whale population,estimated to be above 4,000 and increasing ataround 10% per annum.

Jurisdictions: Western Australia and someCommonwealth.

2.42.42.42.42.4 New South WNew South WNew South WNew South WNew South W alesalesalesalesales

Area 1. Cape Byron – Tweed HeadsArea 1. Cape Byron – Tweed HeadsArea 1. Cape Byron – Tweed HeadsArea 1. Cape Byron – Tweed HeadsArea 1. Cape Byron – Tweed Heads

Cape Byron is recognised as a prime location forobserving migrating humpback whales.

Management considerations: As the area providessuch high quality land based whale watching,boat based cetacean watching in the area couldbe discouraged especially given the increasinglevels of whale watching activities out ofnumerous ports the length of the NSW coast.

Jurisdiction: New South Wales.

Area 2 – Coastal waters in the vicinity of CoffsArea 2 – Coastal waters in the vicinity of CoffsArea 2 – Coastal waters in the vicinity of CoffsArea 2 – Coastal waters in the vicinity of CoffsArea 2 – Coastal waters in the vicinity of CoffsHarbourHarbourHarbourHarbourHarbour

Observation of migrating humpbacks travellingboth north and south have been made from thisarea for a number of years, and calving eventshave been reported.

Management considerations: Commercial tourismoperations are increasing and need to bemonitored. Potential for disturbance ofindividual humpbacks at each encounter butalso on a cumulative impact basis the length ofthe migration route along the NSW coast.


Area 3 – Waters within and adjacent to PortArea 3 – Waters within and adjacent to PortArea 3 – Waters within and adjacent to PortArea 3 – Waters within and adjacent to PortArea 3 – Waters within and adjacent to PortStephensStephensStephensStephensStephens

Bottlenose dolphins in these waters are thesubject of the most intensive commercialtourism operations along the NSW coast.Increasingly operators are also taking advantageof the humpback whale migration on bothnorthern and southern legs.

Management considerations: Potential fordisturbance of dolphins from both recreationaland commercial dolphin watching vessels aswell as other water based activities in the Portis increasing. As this population may includeindividuals/groups which are resident to thePort the impacts of such activities need to bemonitored. Potential for disturbance ofindividual humpbacks at each encounter butalso on a cumulative impact basis the length ofthe migration route along the NSW coast.

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Area 4 – Waters within and adjacent to Twofold BayArea 4 – Waters within and adjacent to Twofold BayArea 4 – Waters within and adjacent to Twofold BayArea 4 – Waters within and adjacent to Twofold BayArea 4 – Waters within and adjacent to Twofold Bay

Waters within the bay are annually visited,although in low numbers by humpbacks andsouthern right whales. Blue whales are alsosighted outside the bay. Humpback whaleshave been observed feeding within the bay.The importance of the area to southern rightwhales particularly is not yet understood butgiven the historic land based whaling industryin the bay and records of resting animals closeto shore it may potentially be a significant sitein the NSW context. The occurrence of bluewhales in coastal NSW waters is uncommonand the ecology of this species is littleunderstood.

Management considerations: A small butincreasing commercial industry is developingand as such the potential impacts on thesespecies should be monitored. Potential fordisturbance of individual humpbacks at eachencounter but also on a cumulative impact basisthe length of the migration route along theNSW coast.


2.52.52.52.52.5 VictoriaVictoriaVictoriaVictoriaVictoria

Area 1 – Logan’s Beach, WarrnamboolArea 1 – Logan’s Beach, WarrnamboolArea 1 – Logan’s Beach, WarrnamboolArea 1 – Logan’s Beach, WarrnamboolArea 1 – Logan’s Beach, Warrnambool

Logan’s Beach is an area where southern rightwhales come to calve and usually remainbetween June and October. It is a primelocation for viewing these whales from land.

Management considerations: As the areaprovides such high quality land-based whalewatching, boat based cetacean watching in thearea could be discouraged.

Jurisdiction: Victoria.

2.62.62.62.62.6 TTTTTasmaniaasmaniaasmaniaasmaniaasmania

Area 1 – Great Oyster Bay and Mercury PassageArea 1 – Great Oyster Bay and Mercury PassageArea 1 – Great Oyster Bay and Mercury PassageArea 1 – Great Oyster Bay and Mercury PassageArea 1 – Great Oyster Bay and Mercury Passage

Humpback and southern right whales areobserved frequently in the region during themigrating season. Southern right whales have

been known to remain in the area for extendedperiods.

Management considerations: The level ofcommercial whale watching activity in the areais currently low and is unlikely to presentmanagement issues for some time.

Jurisdiction: Tasmania.

Area 2 – Adventure Bay, Bruny IslandArea 2 – Adventure Bay, Bruny IslandArea 2 – Adventure Bay, Bruny IslandArea 2 – Adventure Bay, Bruny IslandArea 2 – Adventure Bay, Bruny Island

This area is Tasmania’s most predictable area forsighting southern right whales. Stays of 1-5weeks have been recorded and calvingconfirmed in the area.

Management considerations: None at present

Jurisdiction: Tasmania.

2.72.72.72.72.7 Commonwealth watersCommonwealth watersCommonwealth watersCommonwealth watersCommonwealth waters

Offshore western VictoriaOffshore western VictoriaOffshore western VictoriaOffshore western VictoriaOffshore western Victoria

Preliminary studies indicate that this may be animportant pygmy blue whale feeding area.

Management considerations: Although possiblytoo far offshore for commercial whale watchingto develop, little is known of the importance ofthe area to pygmy blue whales and anydevelopment of whale watching here should bemonitored.

Jurisdiction: Commonwealth.

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