Document ID: chunk:federal_register_of_legislation:F2005L01892:body:0:p5
Version: federal_register_of_legislation:F2005L01892
Segment Type: other
Provision Reference: 
Character Range: 10660–13635

area of the Exclusive Economic Zone (EEZ) outside state waters and generally extends 200 nm from the coast, but further in some areas to cover the continental shelf and slope. It also includes the waters around the Australian Antarctic Territory and external territories including Christmas, Macquarie, Heard and McDonald Islands.

Within the Australian Whale Sanctuary it is an offence to kill, injure, take, trade, keep, move or interfere with a cetacean. The EPBC Act also makes it an offence for Australians to carry out any of these actions beyond the outer limits of the Australian Whale Sanctuary, that is, in international or foreign waters. Other than in the case of killing or taking for live display, permits may be issued by the Australian Government Minister for the Environment and Heritage to carry out these activities (e.g. for the purpose of research).

Blue, fin and sei whales are protected in all States and Territories under general native species and/or threatened species protection and management legislation.

A number of measures currently exist to manage interactions with all species of whales. These include administrative guidelines under the EPBC Act relating to interactions between offshore seismic operations and whales, and both Commonwealth and State regulations to manage whale watching activities.

International measures

True and pygmy blue whales, as well as fin and sei whales are afforded a degree of international protection through listing on Appendix I of the Convention on International Trade in Endangered Species (CITES), and on Appendix I of the Convention on Migratory Species (CMS). True blue, fin and sei whales are also listed endangered on the World Conservation Union's Red List of Threatened Species (IUCN). Pygmy blue whales are not listed due to insufficient data.

In addition, Australia participates in several other international agreements that directly or indirectly relate to the conservation of marine mammals. Specifically, Australia was a founding member of the International Whaling Commission (IWC), is the host country of the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR), and a key player in Antarctic Treaty Consultative Meetings (ATCM).

Whales are protected from commercial whaling by IWC member states as part of the current moratorium and by the IWC's Indian Ocean Sanctuary and Southern Ocean Sanctuary. Sanctuaries do not protect whales from whaling under special permit and are reviewed every ten years.

Australia is also working within the South Pacific Regional Environment Programme (SPREP) to establish a Memorandum of Understanding for the conservation and management of marine mammals in the South Pacific region, under the Convention on Migratory Species.

Threats

Identified Threats
   1. The resumption of commercial whaling and/or the expansion of scientific whaling
  The impacts of commercial hunting on blue, fin and sei whales have been