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3.4 The Sustainable Management of Whale-Watching
A variety of regulations, voluntary and legislative, have been developed around the
world in an attempt to manage whale-watching in a sustainable manner (see Wiley
et al. 2008; Carlson 2012). There is a general view that voluntary guidelines and
codes of conduct may not be enough to safeguard the whales (e.g. Garrod and
Fennell 2004; Allen et al. 2007; Wiley et al. 2008; Kessler and Harcourt 2013; Tyne
et al. 2014). Instead, regulations and permit systems provide the greatest level of
management certainty and control (IWC 2004). For many places, therefore, ensuring that commercial whale-watching can only be undertaken by a limited number of
permitted (licensed) operators is the essential first step to sustainable management.
Ideally, the number of permits available should be based on a scientific assessment
of the carrying capacity for that location and the system should include regular
evaluation and renewal of permits (Higham et al. 2009).
Different locations have established varying guidelines for limiting the number
of whale-watching permits issued (see Carlson 2012). In Kaikoura, New Zealand,
permits are limited by tourist activity, so the company running swim-with-dolphin
programmes cannot also run whale-watching trips. Hervey Bay, in Australia, implemented, within 2 years of the industry’s start in 1987, a spatially explicit management scheme, with defined management goals and that started with a mathematical
model for the number of permits issued (Jeffery et al. 1994; Smith et al. 2006). The
management scheme also provided for the transfer of licences (individual transferable quotas) and enforcement.
One of the most advanced permit systems for whale-watching operators is in
South Africa, where permits are generally limited to one per location. The system is
founded on the principles of ‘continuous criteria’ and ‘permit re-application’,
whereby operators are required to provide evidence of their high standard of responsible whale and dolphin watching in order to successfully retain a permit on reapplication every 5 years (Schalkwyk 2008). Examples of the evidence provided
include cooperation with researchers, equality within the workforce, and involvement in educational programmes.
The guidelines for commercial cetacean-watching activities in the ACCOBAMS
area (Black and Mediterranean Sea) recommend permits to be granted by the appropriate authorities and issued by area, to restrict the number of commercial vessels
operating in an area on any given day. Issuing of permits should be based on a strict
set of criteria to avoid conflicts with the conservation, management or protection of
the cetaceans concerned and guarantee the proposed operators have sufficient experience with cetacean tourism (Carlson 2012).
In Peninsula Valdés, Argentina, the current whale-watching regulations resulted
from a series of workshops organised by the Tourism Board (see Sironi et al. 2005).
The main aspects of the resulting Provincial Law 5714 from Chubut include the
issuing of official whale-watching permits by the Enforcement Authority through
public bidding for a period of no less than 6 years, and determines a tax that whalewatching companies must pay to the Province. The Enforcement Authority can
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