sec.309Marine mammal showing signs of being disturbed

sec.309 Marine mammal showing signs of being disturbed

This section applies to a person in control of a permitted boat that is within the no approach zone or caution zone for a marine mammal if the person— is advised, or otherwise notified, by a conservation officer, that the mammal is showing signs of being disturbed; or otherwise knows, or ought reasonably to know, the mammal is showing signs of being disturbed. The mammal— leaves an area or moves away from a boat quickly; or regularly changes its direction or speed of swimming; or changes its breathing patterns; or engages in tail slashing or trumpet blowing or otherwise acts in an aggressive manner; or dives in haste. The person must, unless the person has a reasonable excuse, withdraw the boat to outside the caution zone for the marine mammal at a speed that is not more than 6 knots. Maximum penalty— if the no approach zone or caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or otherwise—80 penalty units. s 309 amd 2025 SL No. 42 s 26 (sec.309-ssec.1) This section applies to a person in control of a permitted boat that is within the no approach zone or caution zone for a marine mammal if the person— is advised, or otherwise notified, by a conservation officer, that the mammal is showing signs of being disturbed; or otherwise knows, or ought reasonably to know, the mammal is showing signs of being disturbed. The mammal— leaves an area or moves away from a boat quickly; or regularly changes its direction or speed of swimming; or changes its breathing patterns; or engages in tail slashing or trumpet blowing or otherwise acts in an aggressive manner; or dives in haste. (sec.309-ssec.2) The person must, unless the person has a reasonable excuse, withdraw the boat to outside the caution zone for the marine mammal at a speed that is not more than 6 knots. Maximum penalty— if the no approach zone or caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or otherwise—80 penalty units.

• (a) is advised, or otherwise notified, by a conservation officer, that the mammal is showing signs of being disturbed; or
• (b) otherwise knows, or ought reasonably to know, the mammal is showing signs of being disturbed.
• (a) leaves an area or moves away from a boat quickly; or
• (b) regularly changes its direction or speed of swimming; or
• (c) changes its breathing patterns; or
• (d) engages in tail slashing or trumpet blowing or otherwise acts in an aggressive manner; or
• (e) dives in haste.
• (a) if the no approach zone or caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or
• (b) otherwise—80 penalty units.