Tour operator licence conditions

All marine mammal tour operators are required to comply with several licence conditions to ensure that tours do not have a major impact on the animals. These conditions are not only good for the animals but the long-term sustainability of the tourism industry.

Conditions of air-based marine mammal tour permits
Conditions of boat based whale and dolphin watching tours
Additional conditions of dolphin swim tours
Conditions of boat based seal tours
Reporting requirements for whale and dolphin watching and dolphin swim tours.

Conditions of air-based marine mammal tour permits

• Aircrafts must avoid approaching marine mammals head-on
• Aircrafts must avoid flying over or passing the shadow of the aircraft over marine mammals
• Aircrafts must cease tour activities if a marine mammal shows signs of disturbance
• Aircrafts must not land on water to observe whales
• Signs must be clearly posted on tour vessel outlining the regulations and conditions of the permit
• All passengers must be under the direct supervision of the tour supervisor at all times while on board the aircraft
• Tours must provide information on the biology, threats and conservation status of marine mammals encountered.

Conditions of boat based whale and dolphin watching tours

• Boats must not approach a whale or dolphin headon or from directly behind
• Boats must not be positioned in the path of a whale or dolphin
• Boats must not separate any individual from a group of whales or dolphins
• Boats must not come between a mother and calf
• In the caution zone (ie. 300 meters of a whale or 150 meters of a dolphin), vessels must not exceed 5 knots and avoid sudden changes in direction and speed
• Boats must leave the caution zone if a whale or dolphin shows any sign of disturbance
• No more than three vessels are allowed within the caution zone (except in narrow waterways)
• Signs must be clearly posted on the tour vessel outlining the regulations and conditions of the permit
• All passengers must be under the direct supervision of the tour supervisor at all times while on board the vessel
• When a calf or pup is detected, the vessel must withdraw to the prescribed minimum distances for the general public
• Tours must provide information on the biology, threats and conservation status of marine mammals encountered
• Before entering the caution zone, all persons on the tour vessel must be verbally advised of the regulations.
• Tour vessels must not remain in caution zone for more than 60 minutes per tour to a maximum of 120 minutes per day.

Additional conditions of dolphin swim tours

• Swims must not be conducted within 100 metres of the low water mark
• Swims must use mermaid lines
• The tour vessel must not reposition during a swim
• No swimmers may enter the water at a distance of less than 30m from a dolphin
• No swimming if a calf is present
• No underwater breathing equipment can be used, other than a snorkel
• No motorised diving or swimming aid can be used from the vessel, except in emergencies
• No more than 10 persons can participate in a swim at any one time
• A tour vessel must not approach a dolphin more than 5 times each tour or more than 10 times each day
• No towing swimmers during a swim.

Conditions of boat based seal tours

• Boats must not approach a seal headon or from directly behind
• Boats must not be positioned in the path of a seal
• Boats must not separate any individual from a group of seals
• Boats must not come between a seal and pup
• In the caution zone (ie. within 50 meters of a seal), vessels must not exceed 5 knots and avoid sudden changes in direction and speed within the caution zone
• Boats must leave the caution zone if a marine mammal shows any sign of disturbance
• Signs must be clearly posted on tour vessels outlining the regulations and conditions of the permit
• All passengers must be under the direct supervision of the tour supervisor at all times while on board the vessel
• All persons on the tour vessel must be verbally advised of the regulations when approaching a protected or significant breeding colony.