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

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Gambell, Ray "International Management of Whales and Whaling: An Historical Review of the Regulation of Commercial and Aboriginal Subsistence Whaling" Arctic Vol. 46, No. 2 pp. 97-107 (1993) Gillespie, Alexander "Whale Watching and the Precautionary Principle: the Difficulties of the New Zealand Domestic Response in the Whaling Debate" New Zealand University Law Review Vol. 17, pp. 254-271 (1997) International Fund for Animal Welfare "Report of the Workshop on the Educational Values of Whale Watching; Provincetown, Massachusetts, USA, 8th May - 11th May 1997" (October 1997) International Fund for Animal Welfare "Report of the Workshop on the Scientific Aspects of Managing Whale Watching; Montecastello di Vibio, Italy 30th March - 4th April 1995" (June 1996) International Fund for Animal Welfare "Report of the Workshop on the Special Aspects of Watching Sperm Whales; Roseau, Commonwealth of Dominica, 8-11th January 1996" (June 1997) IWC "Report of the Whalewatching Working Group" at Annex Q of the Report of the Scientific Committee Forty-seventh Report of the International Whaling Commission, pp. 250-6 (1997) IWC "Whalewatching Report of the Scientific Committee" Forty-seventh Report of the International Whaling Commission, pp. 104-6 (1997) IWC "Whalewatching Report of the Scientific Committee" Reports of the International Whaling Commission (forthcoming) Montero, Arechavaleta, Lens and Rodriguez "Whalewatching in the Canary Islands (Spain): Development and Management", SC/49/0 26 (undated) Mori, Kyoichi "Summary of Cetacean Watching in Japan and its Rules" (1995) Spalding, Mark and Jared Blumenfeld "Legal Aspects of Whale Watching in North America" (1997) [also available in Spanish as "Aspectos Legales del Avistaje de Ballenas en America del Norte"] Republica de Chile Subsecretaria de Pesca, Ministerio de Economia, Fomento y Reconstruccion. Ley General de Pesca y Acuicultura (1991) Yañez, Jose "El Santuario Ballenero Austral" Revista Chilena de Historia Natural Vol. 70, pp. 149-152 (1997) APPENDIX 4. IWC WHALE WATCHING PRINCIPLES 1 Manage the development of whale watching to minimise the risk of adverse impacts: (i) implement as appropriate measures to regulate platform numbers and size, activity, frequency and length of exposure in encounters with individuals and groups of whales; management measures may include closed seasons or areas where required to provide additional protection; ideally, undertake an early assessment of the numbers, distribution and other characteristics of the target population(s) in an area; (ii) monitor the effectiveness of management provisions and modify them as required to accommodate new information; (iii) where new whale watching operations are evolving, start cautiously, moderating activity until sufficient information is available on which to base any further development; (iv) implement scientific research and population monitoring and collection of information on operations, target cetaceans and possible impacts, including those on the acoustic environment, as an early and integral component of management; (v) develop training programmes for operators and crew on the biology and behaviour of target species, whale watching operations, and the management provisions in effect; 48 Legal Aspects of Whale Watching
(vi) encourage the provision of accurate and informative material to whale watchers, to develop an informed and supportive public; and to encourage development of realistic expectations of encounters and avoid disappointment and pressure for increasingly risky behaviour. 2 Design, maintain and operate platforms to minimise the risk of adverse effects on cetaceans, including disturbance from noise: (i) vessels, engines and other equipment should be designed, maintained, and operated during whale watching, to reduce as far as practicable adverse impacts on the target species and their environment; (ii) cetacean species may respond differently to low and high frequency sounds, relative sound intensity or rapid changes in sound; vessel operators should be aware of the acoustic characteristics of the target species and of their vessel under operating conditions, particularly of the need to reduce as far as possible production of potentially disturbing sound; (iii) vessel design and operation should minimise the risk of injury to cetaceans should contact occur; for example, shrouding of propellers can reduce both noise and risk of injury; (iv) operators should be able to keep track of whales during an encounter. 3 Allow the cetaceans to control the nature and duration of interactions: (i) operators should have a sound understanding of the behaviour of the cetaceans and be aware of behavioural changes which may indicate disturbance; (ii) in approaching or accompanying cetaceans, maximum platform speed should be determined relative to that of the cetacean, and should not exceed it once on station; (iii) use appropriate angles and distances of approach; species may react differently, and most existing guidelines preclude head-on approaches; (iv) friendly whale behaviour should be welcomed, but not cultivated; do not instigate direct contact with a platform; (v) avoid sudden changes in speed, direction or noise; (vi) do not alter platform speed or direction to counteract avoidance behaviour by cetaceans; (vii) do not pursue, head off, or encircle cetaceans or cause groups to separate; (viii) approaches to mother/calf pairs and solitary calves and juveniles should be undertaken with special care; there may be an increased risk of disturbance to these animals, or risk of injury if vessels are approached by calves; (ix) cetaceans should be able to detect a platform at all times; while quiet operations are desirable, attempts to eliminate all noise may result in cetaceans being startled by a platform which has approached undetected; rough seas may elevate background noise to levels at which vessels are less detectable. (http://ourworld.compuserve.com/homepages/iwcoffice/Catches.htm#Sanctuaries) 49
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 and 44: main shipping channel to Saint John
Page 45 and 46: APPENDIX 1. LIST OF PARTICIPANTS &
Page 47: APPENDIX 2. AGENDA Workshop on the
Page 52: INTERNATIONAL FUND FOR ANIMAL WELFA

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