117EOther craft—adult cetaceans

117E Other craft—adult cetaceans

(1) This regulation applies: (a) to a person who is operating a vessel that is not a prohibited vessel in the Marine Park; and (b) in relation to cetaceans other than calves; and (c) subject to regulation 117JB.

Note: Regulation 117F contains special provisions for calves and regulation 117JB contains special provisions for whale protection areas.

(2) Within the caution zone for a cetacean to which this regulation applies, the person must: (a) operate the vessel at a constant speed of less than 6 knots and minimise noise; and (b) make sure the vessel does not drift or approach closer to the cetacean than: (i) for a dolphin—50 metres; or (ii) for a whale—100 metres; and (c) if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant speed of less than 6 knots; and (d) if there is more than 1 person on the vessel, post a lookout for cetaceans; and (e) subject to paragraph (b), approach the cetacean only: (i) from the rear, no closer than 30 degrees to its observed direction of travel; or (ii) by positioning the vessel ahead of the cetacean at more than 30 degrees from its observed direction of travel; and (f) make sure the vessel does not restrict the path of the cetacean; and (g) make sure the vessel is not used to pursue the cetacean.

Penalty: 50 penalty units.

Note: If a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2)(b), subregulations (4) and (5) apply.

(3) The person must not enter the caution zone of a cetacean to whom this regulation applies if there are already 3 vessels in the caution zone.

Penalty: 50 penalty units.

(4) If a whale (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must: (a) disengage the gears and let the whale approach; or (b) reduce the speed of the vessel and continue on a course away from the whale.

Penalty: 50 penalty units.

(5) If a dolphin (other than a calf) approaches the vessel or comes within the limits mentioned in paragraph (2)(b), the person must not change the course or speed of the vessel suddenly.

Penalty: 50 penalty units.

(6) It is a defence to an offence against paragraph (2)(b) that the cetacean has approached the vessel. (7) An offence under subregulation (2), (3), (4) or (5) is an offence of strict liability.