Document ID: chunk:federal_register_of_legislation:F2024L00930:reg:2:p32
Version: federal_register_of_legislation:F2024L00930
Segment Type: reg
Provision Reference: reg 2 (pt 32/48)
Character Range: 149037–152193

Australia matches the migratory patterns of whale species (Peel et al. 2018). Mitigation actions to prevent injury and minimise disturbance from vessels to southern right whales include seasonal or temporary area restrictions/exclusions and speed restrictions in BIAs and habitat critical for survival.
The National Strategy for Reducing Vessel Strike on Cetaceans and other Marine Megafauna 2017 outlines a strategic framework for minimising the risk of vessel strike, including data acquisition to address knowledge gaps, data analysis to determine the risk of vessel strike, mitigation to reduce the likelihood and severity of vessel collision and effective communication at all stages of the process. The Australian Maritime Safety Authority regulates and manages commercial shipping in Australia and is responsible for the safety and navigation of domestic commercial vessels and prevention of shipping related pollution in the marine environment.

Figure 8 A Southern right whale mother and calf at Head of Bight (SA) in 2016 with evidence of vessel strike.
    © Fredrik Christiansen, Aarhus University.

   3.6         Disturbance from vessels and water activities

    3.6.1     Boat-based whale watching
Commercial whale watching is recognised as having educational, cultural, and direct and indirect economic benefits for regional communities. However, there is also the potential for whale watching by commercial vessels to negatively impact whale populations over time. Direct and modelled evidence documents short-term responses of cetaceans to disturbance caused by whale-watching vessels (Erbe 2002, Parsons 2012, Christiansen et al. 2013, New et al. 2015, Sprogis et al. 2020, Sprogis et al. 2023). For example, modelled short term exposure of vessel noise causing a temporary shift in hearing threshold of killer whales and prolonged exposure potentially causing permanent shifts in hearing (Erbe 2002), or behavioural disturbance to minke whales through shorter dives, increased sinuous movement, and reduced foraging activity (Christiansen et al. 2013). For southern right whales, there are potential concerns regarding vessel disturbance from noise (section 3.4.3) and the presence of whale watch vessels in BIAs where there might be repeated exposure on individuals, such as mothers and calves. In Encounter Bay (SA), behavioural focal follow data shows resting behaviour of mother and calf pairs is significantly reduced following the presence of commercial whale-watch vessels, which may be due to increased vessel speed (and subsequent vessel noise) on departure of a whale-watch interaction (Sprogis et al. 2023).
The Australian Government developed the Australian National Guidelines for Whale and Dolphin Watching 2017 to ensure whale watching is a sustainable practice that minimises impacts on whales and dolphins. The Commonwealth, State and Territory governments have regulations on interacting with marine mammals, including specified approach distances, no approach and caution zones, and restrictions on the numbers of vessels allowed around marine mammals. Consequently, the whale-watching industry is regulated and the