Restrictions on operation of vessels in the vicinity of marine mammals
21 Restrictions on operation of vessels in the vicinity of marine mammals
A person operating a vessel within the caution zone of a marine mammal must not cause or permit that vessel to—
approach the marine mammal from head on at an angle less than 30 degrees to its observed direction of travel; or
approach the marine mammal from the rear at an angle less than 30 degrees to its observed direction of travel; or
be in the path ahead of the marine mammal at an angle less than 30 degrees to its observed direction of travel.
Penalty: 20 penalty units.
A person operating a vessel within the caution zone of a marine mammal must not cause or permit that vessel to separate any individual marine mammal from a group of marine mammals.
Penalty: 20 penalty units.
A person operating a vessel within the caution zone of a marine mammal must not cause or permit that vessel to come between a mother whale and calf or a mother seal and seal pup.
Penalty: 20 penalty units.
A person operating a vessel within the caution zone of a marine mammal must not cause or permit that vessel to pursue a marine mammal, unless the person is acting in accordance with a permit granted under section 83A or 83D of the Act.
Penalty: 20 penalty units.
A person operating a vessel within the caution zone of a marine mammal must move the vessel at a constant speed that does not exceed 5 knots.
Penalty: 20 penalty units.
A person operating a vessel within the caution zone of a marine mammal must avoid sudden changes in speed or direction.
Penalty: 20 penalty units.
A person operating a vessel within the caution zone of a marine mammal must manoeuvre the vessel to outside the caution zone if the marine mammal shows any sign of disturbance.
Penalty: 20 penalty units.
Examples
The following are signs of disturbance—
for a whale—
attempts to leave the area or vessel; and
sudden changes in surface behaviour; and
rapid changes in direction or speed of swimming; and
deep dives away from the vessel; and
changes in breathing patterns; and
increased time spent under water compared to time spent at the surface; and
changes in acoustic behaviour; and
the onset of aggressive behaviours such as tail slaps or trumpet blows;
for a seal—
rapid movement toward or into the water if on land; and
sudden awakening from sleep on land; and
female attempting to shield a seal pup with her body or by her movements; and
vocalisation or growling in the direction of a vessel or person; and
baring teeth in the direction of a vessel or person; and
blowing bubbles from the mouth, if in the water, in the direction of a vessel or person.
A person operating a vessel within the caution zone of a marine mammal must manoeuvre the vessel to outside the caution zone if a calf is detected.
Penalty: 20 penalty units.
A person operating a vessel must not enter a caution zone of a whale if more than 2 vessels are already within that caution zone, unless it is necessary to ensure safe passage through a narrow waterway.
Penalty: 20 penalty units.
A person operating a vessel must not be within 100 metres of a tour vessel conducting a whale swim.
Penalty: 20 penalty units.
A person operating a vessel in a narrow waterway must not remain within the caution zone of a marine mammal for longer than is necessary to ensure safe passage of the vessel through that waterway.
Penalty: 20 penalty units.
A person does not commit an offence against subregulation (1), (2), (3), (4), (5), (6), (7), (8) or (10) merely because it is necessary to operate the vessel in order to—
avoid damage or prevent further damage to person or property; or
comply with an Act or regulations relating to navigation.
In this regulation—
pursue, in relation to a marine mammal, means to alter speed or course to remain with the marine mammal.
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