Document ID: chunk:federal_register_of_legislation:F2024L00930:reg:2:p45
Version: federal_register_of_legislation:F2024L00930
Segment Type: reg
Provision Reference: reg 2 (pt 45/48)
Character Range: 188287–191410

Southern right whale monitoring programs
It is incumbent on the proponent to identify the species that may occur in the proposed area of interest and obtain current information about their presence, distribution, and abundance to inform risk assessments. Desktop reviews are useful for obtaining information on the occurrence and use of certain areas by the species, which may identify limitations in baseline data. The adequacy of a desktop review relates to the extent of the baseline information obtained, the nature and scale of the activity proposed, and measures adopted to address information gaps. In cases where there are limitations in baseline data, and scientific uncertainty exists of potential impacts to southern right whales, options to address this include implementing baseline surveys, applying precautionary control measures and developing robust monitoring and adaptive management measures. Fundamentally, environmental impact assessments require sufficient data to support determinations of acceptable impacts to southern right whales and where limitations in baseline data and scientific uncertainty exists and is not addressed, significant delays to projects may occur.
Baseline surveys and monitoring must consider best-practice methods, such as those outlined in the National Guidelines for the Survey of Cetaceans, Marine Turtles and the Dugong 2024. Surveys should take into consideration appropriate spatial and temporal considerations to evaluate the effectiveness of the mitigation measures to ensure activities avoid injury and disturbance to southern right whales. This requires consideration of the spatial scales that southern right whales can range across given they are a migratory species that also undertake coastal movements within the calving season. This would support a regional planning assessment approach of the risk of threats and monitoring in survey areas that extend beyond the construction and operational footprint of a proposed action site. Within a strategic regional planning approach, there should be collaboration and sharing of baseline monitoring data to maximise resources used to inform the status of the species and risk of threats.
Baseline surveys should be undertaken to inform knowledge gaps and scientific uncertainty in baseline data at the pre-referral stage and to allow an adequate baseline understanding to be obtained so that potential impacts to southern right whales can be assessed. Baseline surveys and monitoring of southern right whales should be undertaken in accordance with best practice standards and guidelines (e.g., national fauna survey and underwater noise guidelines) to enable standardised data collection and analysis methodologies that can result in the integration of comparable datasets and better-informed environmental management decision making. Baseline surveys should be undertaken across multiple years (minimum 3 – 5 years) to reliably capture the presence of breeding females given female southern right whales have an average 3-year breeding cycle and any annual variability in the distribution and abundance of southern