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

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than 5 knots) and maintain this speed until well clear. • Let cetaceans approach you. If cetaceans do choose to approach the vessel or bow-ride, you should maintain a steady speed without changing course. Refrain from altering course to approach them and remember that they may choose not to bow-ride. • You should move away slowly if you notice any signs of disturbance, such as erratic changes in speed and direction or lengthy periods underwater. • Refrain from driving through, or between, groups of cetaceans. • You should avoid cetaceans with young. • You should try to allow a clear escape route for cetaceans. Try to plan routes and timetables so there are no more than two boats within 1km of cetaceans. In areas of heavy traffic or in enclosed waters the duration and number of trips should be limited. • You should consider fitting propeller guards to minimise the risk of injury to cetaceans. Maintain propellers to avoid unnecessary noise disturbance. Where possible, use boats with low engine noise. • Be aware of, and attempt to minimise, other possible sources of noise disturbance. • For the sake of their safety and the health of the cetaceans, passengers and crew should refrain from swimming with, touching or feeding cetaceans. • Where possible, the crew of a vessel should include a person who is able to inform the public about the natural history and conservation requirements of cetaceans. 44 Legal Aspects of Whale Watching • Remember that is an offence to dispose of sewage, fuel, oil or litter at sea. Compliance with the International Regulations for Preventing Collisions at Sea has priority over these guidelines at all times. 6 These guidelines are to be distributed by the UK Depatment of the Environment, Transport and the Regions as a fly-sheet inserted in a folder which will contain examples of existing local codes of conduct.
APPENDIX 1. LIST OF PARTICIPANTS & OBSERVERS PARTICIPANTS Professor Patricia Birnie Visiting Fellow London School of Economics 78 Windmill Street Brill, Aylesbury Bucks, HP18 9TG UK Fax: 44 (0)1844-237-880 Carole Carlson IFAW US 411 Main Street Yarmouth Port, MA 02675 USA Fax: 1 508-362-5841 Email: ccarlson/ifaw@mcimail.com Luis Flores Mimica IOUC Legal Advisor El Vergil 2647 Providencia Santiago Chile Fax: 562-2253335 Dr. A.M. Gillespie Law School Waikato University Hamilton New Zealand Fax: 64-7-838-4417 Email: AZG@mailserv.ac.nz Anna Moscrop International Fund for Animal Welfare 64 Windermere Court Lonsdale Road, Barnes London SW 13 9AR UK Fax: 44-(0)181-401-9418 Email: amoscrop@ifaw.org Gonzalo Pereira Subsecretaria de Pesca, Ministerie de Economia, Chile Bellavista 168 piso 18. Valparaiso, Chile Fax: 56-32-212790 Email: gpereira@subpesca.cl Professor Tullio Scovazzi Via Alfonso Cassa 29 20138 Milano Italy Fax: 39-2-7610149 Mark J. Spalding, J.D., M.P.I.A. Consultant, International Environmental Policy & Law 140 Twelfth Street Del Mar, CA 92014-2315 USA Fax: 1-619-259-7879. Email: mspalding@ucsd.edu Dr. Jeremy Thompson Threatened Species and Ecosystems Unit Department of Environment and Heritage Queensland, Australia Tel: 7- 3227-7804 Fax: 7-3227-6386 E-mail: Jeremy.Thompson@env.qld.gov.au Susan Waters Department of Justice Fisheries and Oceans Legal Services Suite 800 2300 Kent Street Ottawa, Ontario, K1A 0E6 Canada Fax: 1-613- 990-9385 Email: waterss@dfo-mpo.gcca 45
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 and 30: (g) No aircraft engaged in a commer
Page 31 and 32: It is unlawful to: 1 Operate any ai
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: main shipping channel to Saint John
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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