Warning over coastal act attracting $3000 fine after several Aussies 'taken to court'

Spectators are being reminded to keep their distance to whales this migration season. Source: NPWS

For millions of Australians, living on the coast means being right on the doorstep of one of the extraordinary spectacles on earth — the annual humpback migration season. 

The annual journey, which takes place along the eastern seaboard, typically occurs between May and August, with peak activity in June and July. During this time, humpbacks travel from their feeding grounds in Antarctica to tropical regions, such as the Great Barrier Reef, where they mate and give birth.

It's a famous seasonal movement that people from all over flock toward, packing into vantage points on cliffs and beaches, and for a lucky few, on boats in jet skis, to watch the estimated 40,000 that will make their way up to the tropics. 

But, there are strict rules in place that observers must follow, and penalties, to the tune of $3,000 in New South Wales for those caught breaking the rules. This week, the NSW National Parks and Wildlife Service (NPWS) is urging all spectators to be across the guidelines. 

Launching Operation Ketos, to "ensure the public gives these giants of the sea the space they need", some 40 NPWS officers boarded whale-watching cruises this week to promote safe and respectful behaviour after reports of recent "breaches" of the law. 

"[These have] in particular involved jet ski riders getting too close to whales or dolphins," a NPWS spokesperson told Yahoo News Australia. 

Fines for coming too close to attract $3000 fines and even court notices. Source: NPWS

In NSW, approaching a whale closer than the legally permitted distance can result in significant penalties. Under the Biodiversity Conservation Regulation 2017, individuals may face fines up to $3,300, while corporations can be fined up to $16,500 for such breaches.

Specific approach distances include:

  • 100 metres for vessels near adult whales.

  • 300 metres for vessels if a calf is present.

  • 300 metres for personal watercraft (e.g., jet skis) at all times.

  • 100 metres for drones or unmanned aircraft.

In NSW, approaching a whale closer than the legally permitted distance can result in significant penalties. Source: Getty

The spokesperson said that each year in NSW, there are collisions between small vessels and whales, posing risks of human injury and vessel damage.

"This season, two incidents have been attributed to vessel collisions. In one case, an adult whale sustained 'breadslice' injuries across its back from a small vessel's propeller. In another, a vessel struck a calf, which died shortly afterwards," they said. 

"People operating boats or riding jet skis must, by law, maintain a distance of 100 metres and 300 metres respectively from whales or dolphins. Enforcement typically begins with a verbal or written warning. Further breaches may result in an official caution, followed by a Penalty Infringement Notice." 

Serious breaches can lead to court action, the spokesperson added, with several enforcement actions taken last year, and several investigations are currently underway.

NSW's coastline is a prime location to witness this migration, with whales often swimming close to the shoreline, making them visible from numerous vantage points. This phenomenon is sometimes referred to as the "humpback highway" due to the large number of whales passing by

NPWS warned that jet ski riders who find themselves within 300 metres of whales or dolphins must, by law, move away.

Seeing whales and dolphins up close is a special experience, but even brief disturbances can cause stress to the animals, draining their limited energy reserves. Because whales don't feed during migration, it’s especially important to give them space, particularly mothers and calves. 

Approaching them by boat, jet ski, kayak, surfboard or drone can disrupt nursing and prevent calves from getting the nutrition they need to grow. This can also push whales out of shallow, sheltered resting areas into deeper waters, where they're more exposed to predators like orcas and sharks.

This article originally appeared on Yahoo News Australia at https://au.news.yahoo.com/warning-over-coastal-act-attracting-3000-fine-after-several-aussies-taken-to-court-211949177.html

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