Prescribed conditions of seal tour permits
31 Prescribed conditions of seal tour permits
For the purposes of section 85H of the Act, the following are prescribed conditions for a seal tour permit—
the permit holder must ensure that the requirements of these Regulations and the conditions of the permit are displayed on the permit holder's website;
the permit holder must ensure that customers are advised of the requirements of these Regulations and the conditions of the permit prior to their tour;
for each tour conducted, the permit holder must provide all persons on the tour, other than an employee of the permit holder, with clear and accurate information on the biology and conservation status of and threats facing each species of marine mammal encountered on the tour;
Examples
Information on the biology of marine mammals includes information on their morphology, behaviour, distribution and reproductive cycle.
the permit holder must ensure that signs are clearly posted on the tour vessel in places where all persons on the tour vessel are reasonably likely to see them, advising of the requirements of these Regulations and the conditions of the permit;
the permit holder must ensure that before the tour vessel approaches a seal breeding colony, all persons on the tour vessel are verbally advised of the requirements of these Regulations;
the permit holder must ensure that all persons on the tour vessel, other than an employee of the permit holder, are under the direct supervision of a tour supervisor at all times during a seal tour;
the permit holder must take reasonable steps to ensure that no person on the tour vessel breaches these Regulations;
at a seal breeding colony, the permit holder must ensure that the tour vessel does not enter the tour operator exclusion zone;
outside of a seal breeding colony, the permit holder must ensure that the tour vessel does not approach a seal within a distance of 10 metres, if the seal is on land;
the permit holder must ensure that the tour vessel moves at a constant speed not exceeding 5 knots within a seal breeding colony;
the permit holder must ensure that the tour vessel does not make sudden changes in speed or direction within a seal breeding colony;
the permit holder must ensure that no prohibited vessel launched from the tour vessel is used or allowed to be used within a seal breeding colony;
the permit holder must ensure that if a seal shows any signs of disturbance, the tour vessel is immediately moved outside the seal breeding colony;
Note
Examples of signs of disturbance are set out at the foot of regulation 21(7).
the permit holder must ensure that when a seal is in a cave, no vessel operated by the permit holder, or any person on the tour, enters the cave;
the permit holder must ensure that the tour vessel does not come between a mother seal and a seal pup.
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