Document ID: chunk:federal_register_of_legislation:F2013L00289:body:0:p27
Version: federal_register_of_legislation:F2013L00289
Segment Type: other
Provision Reference: 
Character Range: 82324–85322

is likely that this risk will increase as shipping traffic grows and the impact on an individual, especially in south-east Australia, is likely to have a significant, potentially population-scale effect, if further evidence confirms this as a small demographically discrete population.

Whale Watching
Commercial whale watching is recognized by the IWC and others as a potentially "sustainable use" of whales and other cetaceans and as an activity that provides significant flow-on benefits for whale conservation and the preservation of the marine environment. However, concerns have been raised about collisions and disturbance from boat noise45, particularly in regard to the impact on resting mother and calf pairs. Repeated exposure of individuals with long residency periods may also be problematic. Detailed analysis of the behavioural response of southern right whales to boats in Australian waters is not yet available but boat avoidance has been demonstrated in other areas63.

Commercial and private boat based whale watching targeting southern right whales is currently located primarily in Flinders Bay and off Albany in southern Western Australia, around the Fleurieu Peninsula in South Australia, in south-west Victoria off Portland, Port Fairy and Warrnambool (although an exclusion zone around Logan's Beach applies) and in Eden, New South Wales. Opportunistic whale watching also occurs in Tasmania, Western Australia and New South Wales. As opportunistic whale watching occurs where the numbers of whales are lowest and most inconsistent, there may be a more significant impact on the animals if the activity causes disturbance and is not actively managed.

Whale watching from low-flying aircraft and helicopters also has the potential to cause disturbance, particularly to mother and calf pairs that spend a significant amount of time at the surface in geographically constrained calving areas.

C: Whaling
The impacts of commercial hunting on southern right whales have been well documented.  While currently banned under the IWC moratorium on commercial whaling and due to classification by the IWC of all southern right whale populations as Protected Stocks, the potential for other countries to recommence commercial whaling exists and pressure may well increase as the population recovers.

An additional area of concern is the potential expansion of lethal whaling purportedly undertaken under Article VIII of the International Convention for the Regulation of Whaling. That provision allows member states to issue special permits to kill, take and treat whales for purposes of scientific research.  Since 1986, Japan and Iceland have issued special permits for several whale species as part of their purported scientific whaling research programs.  Part of Japan's lethal whaling program has taken place in the area covered by the Southern Ocean Sanctuary, which is also where Southern Right Whales occur.

While not likely in the near future, there is no guarantee that