53
grant between four and six official permits to commercial whale-watching operations and each whale-watching company is allowed to operate with only one boat at
any one time with a maximum capacity of 70 passengers. A whale-watching
Advisory Committee chaired by the Enforcement Authority with members from the
operating companies was created to suggest improvements to the activity and guarantee the principles for resource conservation and sustainable development. Fines
are also predicted for infractions to the Law.
In Chile, commercial cetacean-watching activities can only be carried out under
a permit granted by the appropriate authority, with a restricted number of one commercial vessel operating in any given area and permits must be renewed every 3
years after a compliance review process (Carlson 2012).
In the Azores (Portugal) whale-watching companies must also apply for permits
to operate. The number of permits issued for the different zones is based on the carrying capacity calculated as a relationship between the relative abundance of cetaceans and the number of vessels operating in the area as such: N whale sightings/day ×
N vessels allowed with each group (Magalhães et al. 2002). If an average ten groups are sighted
in an area on a daily basis and the number of vessels allowed simultaneously with
each group is two, then the carrying capacity for that area would be 20 vessels. This
particular study used a combination of land station and in water observations to
determine cetacean abundance.
The first legislation designed specifically to prohibit any form of intentional
harassment to all species of cetacean in Brazilian waters was ordinance IBAMA N°
2.306, of November 22
nd
1990, which established the first whale-watching rules. In
1996, this was reformulated by ordinance IBAMA N° 117, of December 26
th
. The
new regulation imposed, among other rules: a minimum distance of 100 m from any
species of whale for boats; a minimum altitude of 100 m from cetaceans for any
aircraft; the maximum limit of 30 min to observe any group of whales; a minimum
distance of 50 m for diving or swimming in the vicinity of any species of whale; and
standards for the operation of tourism vessels within Protected Areas (PAs). These
standards include the registering of all vessels operating within the PA, the determination of the maximum number of vessels allowed to operate within the PA simultaneously and of the routes and speeds allowed, in addition to the permanent
provision of interpretative information on cetaceans and their conservation (Brasil
1996). In 2002, ordinance IBAMA N° 24, from February 8
th
, altered this ordinance,
specifically to establish that boats must keep their engines idle when observing
humpback whales, and turned off or idle for other species of cetaceans, and establish the limit of two vessels allowed to approach an individual or group of whales
simultaneously.
In 2000, the Right Whale Environmental Protection Area (Área de Proteção
Ambiental da Baleia Franca) was created in the state of Santa Catarina, southern
Brazil, to protect the main concentration area of a southern right whale (Eubalaena
australis) wintering ground off Brazil; to promote the sustainable use of the natural
resources; and to manage the tourist and research activities and the local vessel and
aircraft traffic (Brasil 2000). Whale-watching activities have been conducted in this
region since 1999 and, in 2005, in accordance with ordinance IBAMA N° 117, this
3 An Integrated Framework to Assess the Carrying Capacity…
grant between four and six official permits to commercial whale-watching operations and each whale-watching company is allowed to operate with only one boat at
any one time with a maximum capacity of 70 passengers. A whale-watching
Advisory Committee chaired by the Enforcement Authority with members from the
operating companies was created to suggest improvements to the activity and guarantee the principles for resource conservation and sustainable development. Fines
are also predicted for infractions to the Law.
In Chile, commercial cetacean-watching activities can only be carried out under
a permit granted by the appropriate authority, with a restricted number of one commercial vessel operating in any given area and permits must be renewed every 3
years after a compliance review process (Carlson 2012).
In the Azores (Portugal) whale-watching companies must also apply for permits
to operate. The number of permits issued for the different zones is based on the carrying capacity calculated as a relationship between the relative abundance of cetaceans and the number of vessels operating in the area as such: N whale sightings/day ×
N vessels allowed with each group (Magalhães et al. 2002). If an average ten groups are sighted
in an area on a daily basis and the number of vessels allowed simultaneously with
each group is two, then the carrying capacity for that area would be 20 vessels. This
particular study used a combination of land station and in water observations to
determine cetacean abundance.
The first legislation designed specifically to prohibit any form of intentional
harassment to all species of cetacean in Brazilian waters was ordinance IBAMA N°
2.306, of November 22
nd
1990, which established the first whale-watching rules. In
1996, this was reformulated by ordinance IBAMA N° 117, of December 26
th
. The
new regulation imposed, among other rules: a minimum distance of 100 m from any
species of whale for boats; a minimum altitude of 100 m from cetaceans for any
aircraft; the maximum limit of 30 min to observe any group of whales; a minimum
distance of 50 m for diving or swimming in the vicinity of any species of whale; and
standards for the operation of tourism vessels within Protected Areas (PAs). These
standards include the registering of all vessels operating within the PA, the determination of the maximum number of vessels allowed to operate within the PA simultaneously and of the routes and speeds allowed, in addition to the permanent
provision of interpretative information on cetaceans and their conservation (Brasil
1996). In 2002, ordinance IBAMA N° 24, from February 8
th
, altered this ordinance,
specifically to establish that boats must keep their engines idle when observing
humpback whales, and turned off or idle for other species of cetaceans, and establish the limit of two vessels allowed to approach an individual or group of whales
simultaneously.
In 2000, the Right Whale Environmental Protection Area (Área de Proteção
Ambiental da Baleia Franca) was created in the state of Santa Catarina, southern
Brazil, to protect the main concentration area of a southern right whale (Eubalaena
australis) wintering ground off Brazil; to promote the sustainable use of the natural
resources; and to manage the tourist and research activities and the local vessel and
aircraft traffic (Brasil 2000). Whale-watching activities have been conducted in this
region since 1999 and, in 2005, in accordance with ordinance IBAMA N° 117, this
3 An Integrated Framework to Assess the Carrying Capacity…