Whale and Dolphin Conservation
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In the Australian Whale Sanctuary and in some cases in waters beyond the Sanctuary, that is, in international or foreign waters, it is a requirement to obtain a permit from the Australian Government Environment Minister to; injure, take, keep, move, interfere with (harass, chase, herd, tag, mark or brand) a cetacean and to possess or treat (divide or cut up, or extract any product from, the cetacean) a cetacean.
The Minister cannot issue a permit to allow someone to kill a cetacean or take a cetacean for live display. Permits for the above actions can only be issued in particular circumstances. Apply for a research and incidental actions permit
A whale and dolphin watching permit is only required for actions which are described in the Australian National Guidelines for Whale and Dolphin Watching as Tier 2 actions.
You do not need to obtain a permit for whale and dolphin watching in the Australian Whale Sanctuary providing you are operating in accordance with the EPBC Regulations. The Regulations specify how boats must be operated within 'caution zones' of 300m around whales and 150m around dolphins (for example, boats must operate at low speed). Boats must not approach whales closer than 100m and must not approach dolphins closer than 50m. The Regulations also address whale watching from aircraft and swimming near cetaceans. Feeding cetaceans is prohibited. Whale watching includes watching whales, dolphins and porpoises.
Please note: Whale watching in state waters (between the shore and 3 nautical miles (5.5km) out to sea) will require a permit from state government. Apply for a whale watching permit
The Environment Minister may exempt a person proposing to take an activity from the requirement to obtain a permit provided the person applies in writing. When granting an exemption, the Environment Minister will need to be satisfied that it is in the national interest.
Exceptions include situations where:
Actions undertaken in these circumstances must, however, be reported to the Minister.
There are penalties of up to $110,000 and/or up to two years' imprisonment for illegally killing, injuring, taking, trading, keeping, moving, interfering with or treating a cetacean in the Australian Whale Sanctuary.
If a person has killed, injured, or taken a cetacean without a permit and an exception applies, (for example, it was necessary to relieve suffering of the animal) then it is not an offence, but the person must report the act to the Department of Environment and Water Resources within seven days. This reporting will provide valuable information for the management of species, alerting the Department to the extent of, and any trends in, inadvertent impacts on these species in Commonwealth areas. Failure to report an act is an offence that carries a fine of up to $11,000.
If you have undertaken an activity where you affected or interacted with a cetacean, you may need to notify the Minister for the Environment and Water Resources. Failure to notify may result in a conviction or fine.
In addition to the above activities, the export, re-export and import of cetaceans and cetacean specimens is subject to regulation under Part 13A of the Environment Protection and Biodiversity Conservation Act 1999, which incorporates Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Read more about CITES permits and certificates.
Australia has a stricter domestic measure in place with respect to international trade in cetacean specimens. Read more about the Australian stricter domestic measures for Cetaceans.
| Application ID | Application title | Please comment by |
|---|---|---|
| C2008-0004 | Photo-Identification and Aerial Surveys of Humpback Whales - Eastern Australia - Pacific Whale Foundation | 5 September 2008 |
| Application ID | Application title | Comment closed on |
|---|---|---|
| C2008-0003 | Pilbara bycatch reduction project - bottlenose dolphins - Western Australia | 8 August 2008 |
| C2008-0002 | Humpback whale research - impacts of anthropogenic underwater noise and non-invasive research techniques | 20 June 2008 |
| C2008-0001 | Close approach and interference with whale and dolphin species in Australian waters | 19 May 2008 |
| C2007-0008 | Humpback whales research in Australia waters | 25 September 2007 |
| C2007-0007 | Worldwide (mostly southern hemisphere) research | 5 September 2007 |
| C2007-0006 | Western Australia research | 26 July 2007 |
| C2007-0005 | Eastern Australia and South Pacific research | 13 July 2007 |