leagal aspects of the whale watching.pdf - International Fund for ...

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the number of vessels or aircraft, or both, already positioned to enable passengers to watch that whale is 3 or more: (e) Where 2 or more vessels or aircraft approach an unaccompanied whale, the masters concerned shall coordinate their approach and manoeuvres, and the pilots concerned shall co-ordinate their approach and manoeuvres: (f) No person or vessel shall approach within 200 metres of any female baleen or sperm whale that is accompanied by a calf or calves: (g) A vessel shall approach a whale from a direction that is parallel to the whale and slightly to the rear of the whale: (h) No person shall make any loud or disturbing noise near whales: (I) Where a sperm whale abruptly changes its orientation or starts to make short dives of between 1 and 5 minutes duration without showing its tail flukes, all persons, vessels, and aircraft shall forthwith abandon contact with the whale. 20 Special conditions applying to dolphins or seals - In addition to complying with the conditions set out in regulation 18 of these regulations, any commercial operation and any person coming into contact with dolphins or seals shall also comply with the following conditions: (a) No vessel shall proceed through a pod of dolphins: (b) Persons may swim with dolphins and seals but not with juvenile dolphins or a pod of dolphins that includes juvenile dolphins: 30 Legal Aspects of Whale Watching 9.2 USA Hawaiian Islands (c) Commercial operators may use an airhorn to call swimmers back to the boat or to the shore: (d) Except as provided in paragraph (c) of this regulation, no person shall make any loud or disturbing noise near dolphins or seals: (e) No vessel or aircraft shall approach within 300 metres (1000 feet) of any pod of dolphins or herd of seals for the purpose of enabling passengers to watch the dolphins or seals, if the number of vessels or aircraft, or both, already positioned to enable passengers to watch that pod or herd is 3 or more: (f) Where 2 or more vessels or aircraft approach an unaccompanied dolphin or seal, the masters concerned shall co-ordinate their approach and manoeuvres, and the pilots concerned shall co-ordinate their approach and manoeuvres: (g) A vessel shall approach a dolphin from a direction that is parallel to the dolphin and slightly to the rear of the dolphin. NOAA Fisheries has established the following federal regulations on approaching humpback whales within 200 nautical miles of the island of Hawaii. These regulations, with certain exceptions for scientific permit holders, apply to aircraft, vessels, swimmers and divers and are meant to ensure that humpback whales are not disturbed or harassed by whale watching activities. NOAA Fisheries requests cooperation in the following rules 4 . 4 Federal Regulations on approaching humpback whales in Hawaii. Distributed by NOAA, National Marine Fisheries Service, Southwest Law Enforcement, Honolulu, Hawaii.
It is unlawful to: 1 Operate any aircraft within 1,000 feet of any humpback whale; 2 Approach by any means closer than 100 yards to any humpback whale; 3 Cause a vessel or other object to approach within 100 yards of a humpback whale or within 300 yards in cow/calf waters; and 4 Disrupt or alter the normal behavior or activity of a humpback whale (for example, cause the whale to change direction rapidly or attempt to escape; interrupt breeding, nursing or resting activities; etc.) Violators of these regulations on approaching humpback whales may be prosecuted by the federal government and could be subject to civil penalties of up to $25,000 per violation or criminal penalties. Massachusetts Regulations for Approaching Northern Right Whales Despite international protection by the International Whaling Commission established pursuant to the 1946 International Convention for the Regulation of Whaling and national protection afforded by the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973 the northern right whale is listed as endangered and its population remains dangerously low in the Atlantic. With its numbers standing at 260 identified whales, and an estimated number of 350, there remains a significant risk of extinction for this species due in part to human activities. In response to this threat, the Massachusetts Legislature passed a resolve in 1985 requesting the Department of Fisheries, Wildlife and Environmental Law Enforcement to study the northern right whale in Massachusetts waters and make recommendations for its conservation. That study recommends, among other measures, a 500 yard buffer zone between right whales and vessels within Massachusetts waters. Guidelines and Declarations - USA The purpose of 322 CMR 12.00 is to implement the 500 yard buffer zone recommendation and, in addition, prohibit activities of vessels that affect right whales within Massachusetts waters. The scope of 322 CMR 12.00 exempts vessels with federal or state scientific study permits and commercial fishing vessels in the process of hauling back or towing gear. In addition, 322 CMR 12.00 applies only to the territorial and inland waters of the Commonwealth. 12.03 Management measures: 1 Buffer Zone. There is created a buffer zone surrounding a right whale which consists of an area outward from the right whale(s) a distance of 500 yards in all directions. 2 Departures. Except as otherwise provided for in 322 CMR 12.04 vessels shall depart immediately from any buffer zone created by the surfacing of a right whale. 3 Approaches. Except as otherwise provided for in 322 CMR 12.04 vessels may not approach a right whale or turn in any manner to intercept a right whale within a buffer zone. 4 Interference. No vessel may harm any right whale at any time or place. 4.03 Exceptions: 1 Federal Permits. Any person issued a permit from any federal department, agency or instrumentality having authority to issue permits for the scientific research, observation or management of the right whale, may conduct the activity authorised by such permit. 2 State Permits. Any person issued a permit in accordance with 322 CMR 7.01(4) (e) may conduct the activity authorized by such permit. 3 Commercial Fishing. Commercial fishing vessels in the act of hauling back, towing gear 31
Page 1 and 2: REPORT OF THE WORKSHOP ON THE LEGAL
Page 3 and 4: Report of the Workshop on the Legal
Page 5 and 6: SUMMARY As the previous IFAW worksh
Page 7 and 8: INTRODUCTION 1 OPENING OF THE WORKS
Page 9 and 10: It was determined that generally, a
Page 11 and 12: which was adopted by the UN Confere
Page 13 and 14: If there is any conflict between th
Page 15 and 16: other areas as a result of Mexico
Page 17 and 18: Enforcement relies very much on sel
Page 19 and 20: Canada The objective laid down in i
Page 21 and 22: 6.7 Means of enforcement: penalties
Page 23 and 24: 2 Definitions Definitions should be
Page 25 and 26: 9 SELECTED LEGISLATION, GUIDELINES
Page 27 and 28: (e) The details of any educational
Page 29: (g) No aircraft engaged in a commer
Page 33 and 34: • Having taken account of interna
Page 35 and 36: Article 11 The Ministers invite oth
Page 37 and 38: (2) If there is any conflict betwee
Page 39 and 40: (b) at risk of harassment. Example
Page 41 and 42: (a) a stranding coordinator may, in
Page 43 and 44: main shipping channel to Saint John
Page 45 and 46: APPENDIX 1. LIST OF PARTICIPANTS &
Page 47 and 48: APPENDIX 2. AGENDA Workshop on the
Page 49 and 50: (vi) encourage the provision of acc
Page 52: INTERNATIONAL FUND FOR ANIMAL WELFA

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