Document ID: chunk:federal_register_of_legislation:F2024L00930:reg:2:p33
Version: federal_register_of_legislation:F2024L00930
Segment Type: reg
Provision Reference: reg 2 (pt 33/48)
Character Range: 151887–154983

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 risk of vessel collision from whale-watching vessels is considered low, although compliance with regulations is difficult to monitor. Given the scale of the industry and number of whale-watch operators that may opportunistically encounter southern right whales, there is the potential for acute disturbance events related to the presence of vessels that could lead to cumulative chronic disturbance across their range if regulations are not complied with.
Commercial boat-based whale watching targeting southern right whales is currently located in Busselton, Augusta, Flinders Bay and Albany in south-west Western Australia, around the Fleurieu Peninsula and Fowlers Bay in South Australia. Within the NSW South Coast, whale watch operators are also beginning to target southern right whales during June to August when humpback whales are less frequent and southern right whale sightings are slowly increasing. These areas include Eden, Merimbula, Bermagui, Narooma, Batemans Bay and Shellharbour. Opportunistic whale watching also occurs in western Victoria (i.e., Port Phillip and Westernport Bays), Tasmania, Western Australia, and New South Wales. Most of the opportunistic whale watching occurs in the eastern population range of southern right whales where the numbers of whales are lowest and most inconsistent. Consequently, this may have a significant impact on the eastern population if opportunistic whale watching causes disturbance to resting and calving southern right whales and is not actively managed.
A form of commercial interaction that has emerged is the "swim-with" industry in which swimmers enter the water and attempt to closely observe free ranging whales and dolphins, particularly with humpback whales (Sprogis et al. 2020, Stack et al. 2021). There are currently no 'swim-with-whale' programs permitted for the southern right whale in Australia, although a high degree of scrutiny should be given if ever proposed given the potential impacts reported for other species. Behavioural responses from humpback whales to swim-with whale tours have been reported in both Hervey Bay and Ningaloo Reef. While responses will likely be context-dependent, these include whales exhibiting horizontal and vertical avoidance strategies by adopting a less predictable path, increasing turning angles away from the vessel, increasing swim speeds, and decreasing the duration of their dives (Sprogis et al. 2020, Stack et al. 2021). Off the coast of Argentina, southern right whales were found to decrease their proportion of time spent resting and increase the proportion of time spent travelling in the presence of "swim with interactions", with mothers and calves being most sensitive to the presence of swimmers (Lundquist et al. 2013).

    3.6.2     Recreational vessels