Document ID: chunk:federal_register_of_legislation:F2015L01633:body:0:p10
Version: federal_register_of_legislation:F2015L01633
Segment Type: other
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Character Range: 26558–29586

whales occupying or passing through waters in south east Australia and the Pacific Ocean.
With respect to the three components of the Australian blue whale population, it is important to note that these do not represent completely distinct management units. For example, all three populations are likely to occur and overlap in Bass Strait in south east Australia although the core range of all three are mainly separate.

2. Legal Framework

2.1. International Conventions and Agreements
Internationally, blue whales are given a level of protection through their listing on Appendix 1 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and Appendix 1 'Endangered migratory species' of the Convention on the Conservation of Migratory Species of Wild Animals (CMS, Bonn Convention). The two blue whale subspecies that use Australian waters are both listed as endangered under the World Conservation Union Red List (IUCN) of Threatened Species. Blue whales are classified as a "Protected Stock" under paragraph 10(c) of the Schedule to the International Convention for the Regulation of Whaling (ICRW) meaning that they cannot be commercially whaled.
Australia is involved in several international agreements that directly or indirectly relate to the conservation of marine mammals. These include:
       * Australia was a founding member of the IWC and supported the introduction of a global moratorium on commercial whaling in 1982. Whales are also protected in the IWC sanctuaries (e.g. Indian Ocean Sanctuary and Southern Ocean Sanctuary). However, Special Permits issued under Article Vlll of the ICRW may allow whaling to occur within these sanctuaries for scientific purposes;
       * Hosting the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR);
       * Playing a key role in the Antarctic Treaty Consultative Meetings (ATCM); and
       * As a member of the CMS Memorandum of Understanding for Conservation of Cetaceans and their Habitats in the Pacific Islands region. This Memorandum facilitates cooperation, capacity building and region-wide coordination of conservation efforts for cetaceans and their habitats in the Pacific islands region, as well as assists in safeguarding the cultural values of cetaceans for the people of the South Pacific.

2.2. National, State and Territory Legislation and Management Arrangements

National legislation

Blue whales are currently listed as endangered under the EPBC Act. The EPBC Act established the Australian Whale Sanctuary to protect all whales and dolphins found in Australian waters.

The Australian Whale Sanctuary includes all Commonwealth waters from the three nautical mile state waters limit out to the boundary of the Exclusive Economic Zone (EEZ). The Australian EEZ generally extends to 200 nautical miles (approximately 370 kilometres) offshore, but extends further in some areas to cover offshore territorial waters and islands. The Australian EEZ includes the waters around the