REGULATIONS FOR THE MANAGEMENT OF BOAT BASED WHALE WATCHING

MARINE LIVING RESOURCES ACT, 1998(ACT NO.18 OF 1998)

REGULATIONS FOR THE MANAGEMENT OF BOAT BASED WHALE WATCHING

 

The Minister of Environmental Affairs and Tourism has in terms of subsection(1)(b),2(g),2(x)(v) and 2(y) of section 77 of the Marine Living Resources Act, 1998( Act No.18 of 1998) made the regulations relating to the management of boat based whale watching.

 

* The objectives are to promote the economic growth of the boat-based whale watching industry and the sustainable non-consumptive use of whales and dolphins, particularly for the eco-tourism through the allocation of permits to persons who will be able to beneficially exercise the allocation.

* Improve the regulatory and compliance framework pertaining to the specific industry.

* Provide for the control over the number of boat based whale watching and dolphin watching operations in order to manage any adverse impact on whale and dolphin behavior and to protect whales and dolphins.

* No person shall, except on the authority of a permit-

(a) kill, or attempt to kill, fish for or harass a whale or dolphin;

(b) feed, keep or control a whale or dolphin;

(c)if in charge of a vessel or aircraft, approach closer than 300metres to any whale or fail to proceed to a distance of 300metres if a whale surfaces closer than 300metres from the vessel or aircraft;

(d) deliberately drive through a school of dolphins

(e) advertise or undertake a vessel trip, whether for gain or not, which is intended to provide for a swim-with-dolphin-experience;

(f)offer their services or derive financial gain in connection with any activities prohibited in this sub-regulation.

* No person may carry on a boat-based whale watching or dolphin watching operation except on the authority of a permit issued under regulation 5 against payment of the prescribed permit fee determined by the Minister in terms of section 25 of the Act.

* No person shall advertise, or cause to be advertised, boat-based whale watching or dolphin watching operations or services, unless such and operation or service is permitted in terms of these regulations.

* No person under the control or supervision of an operator may feed or swim with whales or dolphins

* No person may approach whales or dolphins, tag them, or in any other manner interfere with them, in order to do research, other than on the authority of a permit or exemption issued by the Minister.

* Offences and penalties: any person who contravenes a provision of the Regulations shall be guilty of an offence and liable on conviction to a fine not exceeding R300 000-00, or to imprisonment for a maximum period not exceeding two years.

 

LEGAL PERMIT HOLDER IN KWAZULU NATAL:

ST LUCIA  - ADVANTAGE TOURS ( www.advantagetours.co.za )

DURBAN – ADVANTAGE TOURS (BBWW permit number W04) (operating from Wilsons Wharf) and OCEAN SAFARI