Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:6:p9
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 6 (pt 9/44)
Character Range: 141479–144057

is then within the caution zone of the calf, the person:
 (a) must immediately stop the vessel; and
 (b) must:
 (i) turn off the vessel's engines; or
 (ii) disengage the gears; or
 (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots.
Penalty: 50 penalty units.
 (4) It is a defence to an offence against subregulation (2) that the calf has approached the vessel.
 (5) An offence under subregulation (2) or (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

8.07  Aircraft
 (1) This regulation applies to a person who is operating an aircraft.
 (2) The person:
 (a) must not operate the aircraft (other than a helicopter or gyrocopter) at a height lower than 1 000 feet within a horizontal radius of 300 metres of a cetacean; and
 (b) must not operate a helicopter or gyrocopter at a height lower than 1 650 feet or within a horizontal radius of 500 metres of a cetacean; and
 (c) must not allow the aircraft to approach a cetacean from head on; and
 (d) if the aircraft can land on water, must not land the aircraft on water so that the aircraft comes within the radius of a cetacean mentioned in paragraph (b).
Penalty: 50 penalty units.
 (3) An offence under subregulation (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

8.08  Feeding
 (1) A person must not feed, or attempt to feed, a cetacean.
Penalty: 50 penalty units.
 (2) An offence under subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) Subregulation (1) does not apply to the routine discarding of bycatch by a commercial fisher if he or she makes reasonable efforts to avoid discarding bycatch near a cetacean.
 (4) For subregulation (1), feed includes to throw food or rubbish into the water near a cetacean.

8.09  Touching and sudden movements
 (1) A person must not:
 (a) touch a cetacean; or
 (b) make sudden movements within 2 metres of a cetacean.
Penalty: 50 penalty units.
 (2) An offence under subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

8.09A  Swimming with cetaceans
 (1) This regulation applies to a person who is entering the water, or in the water.
 (2) The person must not enter the water within 100 metres of a whale or within 50 metres of a dolphin.
Penalty: 50 penalty units.
 (3) The person must not, while in the water, approach within 30 metres of a cetacean.
Penalty: 50 penalty units.
 (4) If