Wildlife (Marine Mammals) Regulations 2019

In addition to the conditions set out in regulation 28, for the purposes of section 83H of the Act, the following are prescribed conditions for a whale swim tour permit—

the permit holder must not conduct a whale swim within a whale sanctuary zone;

the permit holder must ensure that the tour vessel does not approach within 100 metres of a whale more than—

5 times each whale swim tour; and

10 times each day;

the permit holder must not conduct a whale swim if a calf is present;

the permit holder must not conduct a whale swim if signs of mating are detected;

jaw clicks;

fin or tail slaps;

visible penises;

aggressive behaviour such as repeated tail slaps;

belly to belly contact;

female swimming upside down and pursued by males;

flanking behaviour observed, being 3 or more dolphins in close contact side-by-side exhibiting increased surface activity.

the permit holder must conduct no more than one whale swim for each approach within the caution zone of a whale;

the permit holder must ensure that a mermaid line is placed in the water before any person enters the water from the tour vessel;

the permit holder must ensure that each person who takes part in a whale swim tour from the tour vessel, who is not the permit holder or an employee of the permit holder, holds onto the mermaid line at all times while each person is in the water;

while in the water for any purpose—

the permit holder must remain within 10 metres of the mermaid line; and

the permit holder must not approach a whale from head on or from directly behind; and

the permit holder must not approach a whale from above or from underneath;

the permit holder must ensure that an employee of the permit holder, while in the water for any purpose—

remains within 10 metres of the mermaid line; and

does not approach a whale from head on or from directly behind; and

does not approach a whale from above or from underneath;

the permit holder must ensure that the tour vessel is not repositioned during a whale swim;

the permit holder must ensure that the tour vessel is in a neutral gear at all times during a whale swim except where it is necessary to avoid damage or prevent further damage to person or property;

the permit holder must not tow swimmers during a whale swim;

at a distance of less than 30 metres from a whale, the permit holder must not enter the water from the tour vessel;

at a distance of less than 30 metres from a whale, the permit holder must ensure that no person enters the water from the tour vessel;

the permit holder must ensure that no more than 10 persons, not including the permit holder or an employee of the permit holder, participate in a whale swim at any one time;

the permit holder must not attempt to attract or herd a whale towards the tour vessel or a person;

the permit holder must ensure than an employee of the permit holder does not attempt to attract or herd a whale towards the vessel or a person;

the permit holder must ensure that if a whale swim has commenced and a calf is detected—

all persons involved in the whale swim immediately reboard the tour vessel; and

the tour vessel remains in neutral gear until the calf is at least—

100 metres from the vessel for a dolphin calf; or

200 metres from the vessel for a non-dolphin whale calf;

the permit holder must ensure that if a whale swim has commenced and signs of mating are detected—

all persons involved in the whale swim immediately reboard the tour vessel; and

the tour vessel remains in neutral gear until the mating activity is at least—

100 metres from the vessel for a dolphin; or

200 metres from the vessel for a non-dolphin whale;

the permit holder must ensure that a person who participates in a whale swim from the tour vessel does not use underwater breathing equipment other than a snorkel while the person is in the water;

the permit holder must ensure that at the end of a whale swim, the mermaid line is retrieved immediately and the tour vessel withdraws outside the caution zone of the whale.

Subregulation (1)(j), (k) and (l) do not apply in an emergency if human lives are threatened.