A REVIEW OF EXISTING GUIDELINES, CODES OF CONDUCT AND REGULATION FOR WHALE WATCHING

Transcription

1 A REVIEW OF EXISTING GUIDELINES, CODES OF CONDUCT AND REGULATION FOR WHALE WATCHING Dr Carole Carlson DOLPHIN FLEET and PROVINCETOWN CENTER FOR COASTAL STUDIES

2 Over the years, whale watching has grown beyond expectation, creating a platform for research, conservation and public awareness and enriching the economy of communities.

3 Yet none of this has any value if the whales that live in our oceans are threatened by the very industry that depends on them, or vessels that use the area for fishing, recreation or transit.

4 Denise Hersig Although dedicated, non-lethal research on small, resident populations of dolphins is beginning to increase our understanding of long-term impacts,

5 Elsa Cabrera, CCC We have yet to understand what affect this growing industry, alone or combined with other factors, has on the lives of individuals, populations or species of great whales and most small cetaceans being watched.

6 To encourage responsible whale watching, ad hoc rules of behavior have been established in many areas.

7 These precautionary measures attempt to assure that whales and dolphins are not disturbed while breeding

8 resting..

9 or feeding.

10 Regulations, guidelines and codes of conduct have two general roles: to minimize disturbance;

11 and avoid collisions. These objectives have been expressed at both national and international levels.

12 International Whaling Commission established the following objectives for consideration when developing whale watch guidelines or regulation: ensuring that whale watching does not significantly increase the risk to the survival or ecological functioning of local populations or species or their environment; and that, therefore, in the short-term, whale watching does not result in significant adverse change in population dynamics such as birth or mortality rates or impede normal patterns of habitat use or activity, including feeding, resting and reproduction; and the development and maintenance of viable, responsible whale watch activities.

13 Thus, the joy of spotting a whale is preserved, even enhanced..

14 while neither individual animals nor populations are subjected to undue stress.

15 Seeking this balance remains a major management task.

16 I now will attempt to: Summarize codes and regulations around the world Present some common sense aspects of responsible whale watching Present factors to consider when developing codes or regulations And discuss binding versus nonbinding rules

17 A summary of guidelines and regulations around the world To date, there are at least 19 countries with whale watch regulation and 28 with guidelines or codes of conduct. Five countries have both. In addition, 19 local and international groups have established detailed codes for general cetacean watching as well as for specific areas.

18 At least nine operator s association have established voluntary codes and training programs have been developed by NGO, government and industry.

19 Regulations and guidelines vary worldwide according to area, species and the use of their habitat.

20 In some regions, regulations and guidelines for whale watching may vary by specific area. For example, in the United States, it is against the law to approach within 500 meters of a critically endangered North Atlantic right whale,

21 or within 100 meters of a humpback whale in the breeding grounds off Hawaii or feeding grounds off Alaska.

22 However, there are no regulations for approaching humpback, fin, sei or Minke whales in their feeding grounds off the east coast of the US, or off California, Oregon and Washington State.

23 Several countries have varying codes and regulation for dolphin watching. In some areas, swimming is allowed with restriction; in others it is not recommended or banned.

24 Following are some examples presented to illustrate the wide variability and range of various aspects of guidelines and regulations

25 RECCOMENDATIONS FOR PERMITTING, TRAINING AND REPORTING Recommendations for Permitting, Training and Reporting Permits for vessels Trained operators Trained guides Official observers Official logbooks Captain sufficient know ledge of area and w hales Permits for research Permits for filming Evaluation from passengers

26 GENERAL CONDITIONS General conditions Education program on board Vessel meets safety standards Boat captains associations 8 10 Guidelines displayed/announced Vessel suitable for w halew atching 4-stroke engines w ith prop guards

27 RECOMMENDED MINIMUM APPROACH DISTANCES TO WHALES Minimum Approach Distance to Whales m 50m 60m 300m By species 200m By vessel length m 500m 30m 250m 400m

28 RECOMMENDED CAUTION ZONES (NO WAKE SPEED) FOR VESSEL APPROACH AND DEPARTURE Recommended Caution Zones (no wake speed) for Vessel Approach and Departure 300m m 400m 500m 800m 1000m First sighting m 450m 600m 1500m

29 RECOMMENDED VESSEL SPEED AND ENGINE CONTROL IN THE VICINITY OF WHALES Recommendations for Vessel Speed and Engine Control in the Vicinity of Whales Do not move faster than the slowest whale Engines in neutral when whales not travelling No faster than 4 to 7 knots 16 No high speed vessels 19 No faster than 10 knots

30 RECOMMENDED DIRECTION OF APPROACH TO WHALES Recommended Direction of Approach to Whales No head-on approach Parallel and slightly to rear No approach from behind Directly behind (sperm w hales) 37 Side only

31 MAXIMUM NUMBER OF VESSELS NEAR WHALES Maximum Number of Vessels Near Whale(s) One Tw o Three in area MAXIMUM NUMBER OF TIME SPENT WITH WHALES Maximum Time Spent With Whale(s) min 15 min By species min By surfacings 25 min Social groups-15 min

32 CONSIDERATIONS FOR VESSEL OPERATION IN THE VICINITY OF WHALES Considerations for Vessel Operation in the Vicinity of Whales Do not circle or entrap No sudden canges in speed/direction Do not separate groups or pairs Do not change whales' behavior/direction No chasing or harassing Leave at first sign of disturbance Do not approach on jet skis or personal crft Do not drft down on whales Do not approach resting whales Do not approach under sail Position vessel downwind

33 HUMAN/WHALE INTERACTIONS Human/Whale Interactions No sw imming Do not feed w hales No loud noises No littering 29 Do not touch w hales No scuba Do not hunt/take w hales No playback sounds Do not empty holding tanks

34 RECOMMENDED APPROACH DISTANCES TO MOTHER/CALF PAIRS 5 13 Special Approach Distances for Mother/ Calf Pairs Do not separate No approach Extreme caution 200m 100m 300m No approach to lone calf 80m 150m 400m 500m

35 COMMON SENSE ASPECTS Common sense aspects of responsible whale watching may include discouraging vessel activities such as approaching too closely to mothers and calves..

36 separating whales in a group..

37 altering a whale s behavior

38 approaching whales too closely or chasing and encircling them.

39 And the guidelines or regulations should be simple, easily recognizable, apply to all vessels in the area and have a strong education/outreach component.

40 FACTORS TO CONSIDER Species and habitat use Develop guidelines or regulations specific for local species and their habitat use based on the best available science

41 For whales may have different tolerances to disturbance depending on the species and whether they are migrating or resident, feeding, socializing or involved in calving or mating

42 Local, Local, Local! CCC Involve the community from the start. Local communities are more likely to protect and value the resources in their own backyard. Encourage them to actively participate in the process of developing guidelines or regulations and support and comply with them once established.

43 Engage experienced local captains, dive operators and fishers who know and understand local navigation. And create training and accreditation programs on vessel operation in the vicinity of whales.

44 Establish on board education programs and basic data collection by training local naturalists and collaboration where possible with local scientists.

45 Encourage competing companies to develop cooperative practices to help conserve and protect resources.

46 Follow the example of Brazil, Uruguay, Chile, South Africa and Puerto Rico. Be preventative, when possible establish these rules before whale watch operations begin or when they are in their infancy.

47 And to be effective, any established guideline or regulation must apply to all vessels- tourism, recreational, fishing, cargo and to aircraft.

48 BINDING VERSUS NON-BINDING RULES The advantages and disadvantages of binding and non-binding approaches to the management of whale watching was considered at the IFAW sponsored Workshop on the Legal Aspects of Whale Watching in Punta Arenas, Chile in 1997

49 BINDING VERSUS NON-BINDING RULES Pros and cons binding legislation, generally in the form of regulations, has important value as a deterrent though its effect may be weakened if the ability to enforce is lacking non-binding guidelines or codes of practice and other forms of recommendations, for breach of which no penalty is incurred, may not be complied with by all vessels in an area

50 BINDING VERSUS NON-BINDING RULES Conclusion Self-regulation, on a voluntary basis, coupled with the education of the operators and the public, is thus regarded by many as being the most effective means of ensuing compliance with all forms of measures in the long-term Nonetheless, the command and control approach still retains value and the combination of both approaches is probably the preferred option.

51 In areas with an association of operators who actively participate in the development of guidelines with all stakeholders, participate in regional training workshops and public outreach, collaborate with local scientists, and general compliance with guidelines is highself-regulation may be the most effective option.

52 R. Asmutis-Silva In areas where guidelines have been in effect for several years and there is little to no compliance, regulation, rather than voluntary codes, should be implemented. And the process must involve the participation of tour operators and other stakeholders

53 In summary, appropriate, common sense regulations or codes of conduct are an integral component of management systems. Complimented by effective enforcement, surveillance, education outreach and the opportunity for scientific programs,

54 such systems can help bring the message of cetacean and marine conservation to the public..

55 while promoting cetacean safety and maximum socioeconomic benefits from whale watching activities.

56 Thank you! SLIDE DESIGN BY ELSA CABRERA, CCC