GUIDELINES FOR
WHALE WATC HIN G IN IRISH WATERS HANDBOOK
Forward: ..................................................................................................................3 Glossary of Terms: ....................................................................................................4 About this Guide: ......................................................................................................5 How to use this Guide: ..............................................................................................6 Whale-watching Destinations in Ireland: .....................................................................7 Introduction: ...................................................................................................9 Species Identification Guide: ....................................................................................11 Impact Assessment ..................................................................................................12 Permits .........................................................................................................13 Commercial Operatiors ...........................................................................................13 Special Permits ........................................................................................................13 Criteria for CERTFICATES .........................................................................................13 Applications for CERTIFICATES: ................................................................................14 Advantageous Applications: ....................................................................................15 Refusals: .................................................................................................................15 Changes in CERTIFICATE Agreements: ......................................................................16 Codes of Conduct ..........................................................................................17 General Best Practices: ............................................................................................17 Vessel Activity & Boating Protocol: ...........................................................................18 Zones: ....................................................................................................................20 Drones: ..................................................................................................................21 Summary of guidelines ................................................................................24 Training & Accreditation: ..............................................................................26 WHALE WATCH Operators Courses: ........................................................................26 Sanctions and Remedies: .........................................................................................26 Acoustic Detection: ..................................................................................................26 Regulation: .............................................................................................................26 Assessments & Audits: .............................................................................................27 Company Assessment/ Audit Form: ..........................................................................28 Observers Network .................................................................................................32 Specific guidelines ........................................................................................32
PAGE 2 OF 36
Approaching Cetaceans: .........................................................................................32 Zones II: .................................................................................................................32 Considerations: .......................................................................................................33 References: .............................................................................................................34 Documents of Interest: .............................................................................................35
FORWARD: The global whale watching industry is worth $2.5 billion US dollars a year and is steadily growing, with a predicted growth of 10% a year, providing more than 19,000 jobs (Cisneros-Montemayor et al., 2010). Unsustainable or poorly managed whale and dolphin watching activities have been shown to negatively impact cetaceans, compromising welfare, and potentially even causing population declines, with likely implications for the health of associated marine ecosystems. By contrast, well managed ecotourism activities strive to prioritise the welfare and conservation of the species they encounter. The Ocean Research and Conservation Association of Ireland (ORCA Ireland), is a “for-impact” NGO, based in University College Cork (UCC) and is dedicated to monitoring and minimising disturbance to marine megafauna, including cetaceans, through education, research and the latest technologies. Our citizen science programme is facilitated through a novel mobile phone pocket recording tool - the Observers App, available to download for android users on Google Play or from our website: www.orcaireland.org. ORCA Ireland conducts dedicated monitoring of cetaceans with trained volunteer observers and marine biologists working from eco-tour operator platforms across the country. At ORCA Ireland, we advocate sustainable and responsible marine tourism practices across our network of whale watch operators and charter boats, seeking improvements in the welfare of marine megafauna which are exposed to human activities through the growing marine ecotourism industry in Ireland. This has become a large part of the work we do at ORCA Ireland and while we feel we have still work to do, we are confident that these guidelines are moving in the right direction. As part of our efforts to progressively ensure that any cetacean watching tours carried out in Ireland meet the highest standards of customer care, animal welfare, and education to assist in the assessment and auditing of ‘Best Practices’ standards. Following 24 months of revision and review, including stakeholder consultations with experts worldwide, we are confident that the recommendations in this guide will be adopted widely by the Irish maritime tourism industry. As part of our commitment, ORCA Ireland will be promoting use of the guidelines across our network, and the guide will also be freely available through the ORCA Ireland website. We hope that these guidelines will make for easy interpretation of international standards, to ensure that people around Ireland can continue to watch these incredible animals in their natural habitats, whilst supporting local communities and contributing to the protection of our oceans. Warm regards,
Emer Keaveney, ORCA Ireland Co-Founder & Executive Director.
PAGE 3 OF 36
GLOSSARY OF TERMS: - Avoidance: the animals may dive rather than staying submerged near the surface or move horizontally away from the vessels. (Stamation et al., 2010).
- Best Practices: The processes and procedures that are most effective in ensuring the long-term sustainability of commercial whale and dolphin watching environmentally, socially and economically. This term encompasses all aspects of cetacean tourism, including boat handling, research, education, eco-friendly use of resources, and community engagement.
- Carrying Capacity: The number of boats or swimmers a location can support without environmental degradation or compromising cetacean welfare or survival.
- Cetacean: Collective term for the group of marine mammals in the order Cetacea, including all whales, dolphins and porpoises.
- Cetacean Watching: Also known as ‘whale watching’ or ‘whale and dolphin watching’, cetacean watching is the practice of observing whales, dolphins and porpoises in their natural habitat. Cetacean watching is mostly an organised tourism activity, but it can also serve scientific and/or educational purposes.
- Corral: Term used to explain the act of taking a motor- powered boat and driving in circles around dolphins in order to encourage them to bow ride.
- Disturbance: Disrupting the normal behaviour of cetaceans in a negative manner, potentially leading to increased stress and avoidance from important habitats e.g. feeding habitats and reproductive habitat.
- Economic Sustainability: Practices that support long-term economic growth without negatively impacting social, environmental, and cultural aspects of the community.
- Environmental Sustainability: Responsible interaction with the environment to avoid depletion or degradation of natural resources and allow for long-term environmental quality. The practice of environmental sustainability helps to ensure that the needs of today's population are met without reducing the ability of future generations to meet their needs.
- Food provisioning: The deliberate feeding of a wild animal to encourage an interaction or repeated interactions. - Leap frogging: The repeated act of manoeuvring ahead of a cetacean and stopping in its path in an attempt to intercept and solicit an interaction.
- Mandatory requirements: the minimum standards required by companies to allow accreditation for sustainable cetacean watching.
- Marine Protected Area (MPA): Under the OSPAR Convention to Protect the Marine Environment of the North East Atlantic, Ireland committed to establishing marine protected areas to protect biodiversity (i.e., OSPAR MPAs). No legislation is currently used in Ireland to legally underpin protected areas established to fulfil commitments under international conventions. Therefore, since the creation of OSPAR MPAs would not afford any legal protection to the relevant areas on their own, Ireland (like other OSPAR contracting Parties) established a number of its SACs as OSPAR MPAs for marine habitats.
- NGO: a non-governmental organisation i.e. that operates independently of any government, usually a non-profit organisation, typically one whose purpose is to address a social, environmental or political issue.
PAGE 4 OF 36
- Nursery group: A group of dolphins whose members consist of 50% or more calves. - Special Area of Conservation (SAC): Protected wildlife conservation areas, considered to be important on a European as well as Irish level.
- Swim with Programmes: A practice in which a person or group of people attempt to enter the water to swim within visible range of a cetacean. This can be in the wild or in a captive environment.
ABOUT THIS GUIDE: Ireland is an island nation situated in the Northeast Atlantic with a growing ecotourism industry. Among the Atlantic islands region cetacean watching and marine tourism sector, fail to achieve the mandatory requirements to qualify as sustainable ecotourism. In the Atlantic islands area, approximately 1.7 million people a year go whale watching, with a total expenditure of 119 million. In this region, approximately 90 existing marine protected areas (MPAs) where cetaceans are present and the 59 proposed MPAs represent nearly 27 per cent of all MPAs with cetaceans worldwide. When cetacean watching is carried out in a sustainable manner, especially in or near a cetacean MPA, with regulations in place, it has the potential to take a leading role in the development of an island-based ecotourism industry. Yet few MPAs have management plans that include strategies for sustainable ecotourism, which firstly depends on the maintenance of a pristine marine environment. Implementing a cost benefit analysis approach (CBA), underpins a framework for sustainable ecotourism that involves a stakeholder-agreed management plan, a legal structure, such as an MPA or Special Area of Conservation (SAC), coupled with environmental legislation and a strategy for evaluating sustainability that includes periodic review. The management plan should also set a carrying capacity for ecotourism (Hoyt, 2005). In Ireland, marine mammal species, seals and cetaceans are protected under the 1992 EC Habitats Directive as transposed by the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011) which required they are maintained at favourable conservation status. Thus, under Article 12 of the Directive, all cetaceans should receive strict protection within the Exclusive Economic Zone (EEZ). Under Article 4 of the Directive, Special Areas of Conservation (SACs) must be proposed for the following species: Bottlenose dolphins (Tursiops truncatus), Harbour porpoise (Phocoena phocoena), grey seal (Halichoerus grypus) and harbour seal (Phoca vitulina). Under the Wildlife Acts 1976 to 2018, all cetaceans and seals are protected species listed on the 5th Schedule. Under this Act, Natural Heritage Areas (NHAs) may be established to protect habitats or species.
PAGE 5 OF 36
HOW TO USE THIS GUIDE: This guide provides guidance for:
- Tour operators of cetacean watching activities; best practice tour management and sustainable practices.
- Cetacean watching destinations in Ireland; including management options. This ‘Guidelines for Whale Watching Handbook’ has been developed for use by commercial tour operators in Ireland but should also apply to research vessels and photography or filming expeditions where appropriate. It is not recommended for private boats to intentionally attempt to view or encounter cetaceans without licences or permits. This guidance represents international best practice for responsible cetacean watching in the wild. However, has applied national regulations that are specific to Irish waters to provide a regional and local context. These guidelines are designed to exceed the existing guidance currently available. Certified operators should clearly display ‘Best Practice’ guidelines and make such available to customers at all times, in addition to actively referencing these guidelines both before and during each tour.
Minke whale (Balaenoptera acutorostrata) head-out. Photo by David Edwards, West Cork Charters.
PAGE 6 OF 36
WHALE- WATC HIN G DESTINATIONS IN IREL AND: Whale Watch Company/ Vessel
County in Ireland
Cetacean Species
Dunmore Boat Trips
Dunmore Harbour, Co. Waterford
Common dolphin, harbour porpoise, Risso’s dolphins
Whale of a Time
Ballycotton, East Cork.
Common dolphin, harbour porpoise, minke whale, fin whale, humpback whale, bottlenose dolphin, Risso’s dolphin.
Ocean Escapes
Cork Harbour, Cork.
Bottlenose dolphin, harbour porpoise, minke whale, fin whale.
Cork Harbour Boat Hire
Cork Harbour, Cork.
Bottlenose dolphin, harbour porpoise, minke whale, fin whale.
Cork Sea Safari
Cork Harbour, Cork.
Bottlenose dolphin, harbour porpoise, minke whale, fin whale.
Baltimore Wildlife Tours
Baltimore, West Cork
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Aquaventures
Baltimore, West Cork
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Whale Watch West Cork (2 vessels)
Baltimore, West Cork
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Baltimore Sea Safari
Baltimore, West Cork
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
West Cork Charters
Courtmacsherry, West Cork.
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Atlantic Whale and Wildlife Tours
Courtmacsherry, West Cork.
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Glandore Harbour Charters
Union Hall, West Cork
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Cork Whale Watch
Union Hall, West Cork
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Schull Sea Safari
Schull, West Cork
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Bantry Bay Charters
Bantry Bay, West Cork
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Dingle Dolphin Tours
Dingle Bay, Co. Kerry
Solitary bottlenose dolphin, common dolphin, humpback whale, minke whale, harbour porpoise.
Dingle Boat Tours
Dingle Bay, Co. Kerry
Solitary bottlenose dolphin, common dolphin, humpback whale, minke whale, harbour porpoise.
Dingle Sea Safari
Dingle Bay, Co. Kerry
Solitary bottlenose dolphin, common dolphin, humpback whale, minke whale, harbour porpoise.
Eco-marine Tours
Ventry, Co. Kerry
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
PAGE 7 OF 36
Casey’s Skellig Tours
Portmagee, Co. Kerry
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Skellig Michael Boat Trips
Portmagee, Co. Kerry
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Skellig Tours
Caherdaniel, Co. Kerry
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Skellig Walker Cruises
Valentia Island, Co. Kerry
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Skellig Michael Boat Tour- Force Awakens
Ballinskelligs Pier, Horse Island, Co. Kerry
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Sunfish Explorer - Motorised Kyaking Tours
Ring of Kerry, Drimna Beg, Co. Kerry
Humpback whale, common dolphin, harbour porpoise, bottlenose dolphin, Risso’s dolphin, Killer whale, fin whale, minke whale.
Dolphin Discovery
Kilrush, Co. Clare
Bottlenose dolphins
Carrigaholt Dolphin Watch
Carrigaholt, Co. Clare
Bottlenose dolphins
Cliff of Moher Cruises
Doolin, Co. Clare
Bottlenose dolphin, common dolphin, harbour porpoise, minke whale
Hilary Fjord Boat Tours
Nancy’s Point, Leenane, Co. Galway
Bottlenose dolphin, common dolphin, harbour porpoise, minke whale
Charter Ireland
Rossaveal Harbour, Rossaveal, Co. Galway
Bottlenose dolphin, common dolphin, harbour porpoise, minke whale
Galway Bay Boat Tours
New Docks, Galway.
Bottlenose dolphins, common dolphins, harbour porpoise
Westport Cruises
The Quay, Westport, Co. Mayo
Bottlenose dolphins, common dolphins, harbour porpoise
Wild Atlantic Charters
Clew Bay, Co. Mayo
Bottlenose dolphins, common dolphins, harbour porpoise
Arranmore Charters
Burtonport, The Roses, Co. Donegal
Bottlenose dolphins, common dolphins, harbour porpoise
Bundoran Star
Boat Quay, West End, Bundoran, Co. Donegal
Bottlenose dolphins, common dolphins, harbour porpoise
Donegal Waterbus
Qaay St. Glebe, Co. Donegal
Bottlenose dolphins, common dolphins, harbour porpoise
Portrush Sea Tours
North Pier, Portrush, Co. Antrim
Bottlenose dolphins, common dolphins, harbour porpoise
PAGE 8 OF 36
INTRODUCTION: The marine eco-tourism industry in Ireland is expanding in recent years, with at least 35 operators offering eco-tours around the country to date. Past incentives through the marine diversification programme which aimed to reduce the number of fishing vessels and develop alternative employment for coastal communities in Ireland has likely contributed to the increase in eco-tour operators. There has also been an increase in public interest in whale watching activities in recent years, due to increased sightings of baleen whales such as fin (Balaenoptera physalus) and humpback whales (Megaptera novaengliae). When well managed, and within a substantial framework, whale and dolphin watching activities are a wonderful platform for environmental education, can contribute greatly to rural economies and can promote research on cetaceans and enhance cetacean conservation. However, in the absence of a framework, whale watch activities can grow too rapidly, and ultimately increase pressure on the environment, in addition to disturbing animals, giving rise to serious repercussions for the populations concerned. Aware of these challenges, many eco-tour operators from around the Irish coast and local NGO’s have collaborated to create a consultative and voluntary management tool to ensure the sustainability of these activities – a certification for eco-tour operators that are involved in initiatives advocating quality and environmental responsibility. In 2005, the Marine Safety Directorate of the Department of Transport issued Marine Notice 15; “Guidelines for Correct Procedures when encountering Whales and Dolphins in Irish coastal waters”. This provides advice and best practice guidance for operating both commercial and recreational vessels around cetaceans and is applicable to waters out to the 12nm limit. However, there is a need for updated guidelines and a well regulated marine eco-tourism industry in the case of a growing whale and dolphin watching activities in Irish waters, in accordance with national and international legal obligations for the protection of cetaceans. Current Guidelines on Best Practices or Codes of Conduct for boating protocol in the presence of cetaceans in Irish waters are not specific to odontocete or mysticete species
PAGE 9 OF 36
i.e. small toothed whales and dolphins or large baleen whales. In addition no official best practice guidelines for drone operations have been put in place in Ireland. Waters within the Irish Exclusive Economic Zone (EEZ) have been a cetacean sanctuary since 1991 and was the first of its kind in Europe. Therefore, it is an offence to intentionally disturb a cetacean. Cetaceans in Ireland are also protected under
the Wildlife Act 1976;
2012; and it’s amendments, the EU Habitats Directive, the OSPAR and Bonn conventions and ACCOBAMS. There is little understanding of the impacts of eco-tourism on the habitat use and health status of cetaceans in Irish waters, which is vital for appropriate management and regulation for commercial activities. Until now, there has been no need for accredited training for eco-tour operators to commence new whale watching ventures as part of their permitting or licensing application. There is a highlighted need for education on cetacean diversity, ecology and behaviours to be made available for eco-tour operators crew and skippers to relay accurate information and valuable conservation advise to the public. New methods of recording cetacean sightings and standings have been employed through the onset of modern technologies; whereby citizen science can now be carried out by members of the public and seafarers through a recording tool on their mobile phones; the “Observers App” which allows the submission of validated records of a range of marine megafauna species, including cetaceans. Within the Observers App there is also free publicly available species identification guides and educational videos on ecology and biodiversity. To date, 25 species of cetaceans, (whales, dolphins and porpoise) have been recorded in Irish waters, with Arctic species such as the bowhead whale being sighted in 2016. Ireland’s smallest cetacean is the harbour porpoise (Phocoena phocoena) and is more commonly sighted along the east coasts of Ireland. Short-beaked common dolphins (Delphinus delphis) can be found on all coasts around Ireland but are more common along the south and west coasts. There is only one resident population of bottlenose dolphins (Tursiops truncatus) in Ireland, and they are found in the Shannon Estuary in Co. Clare. Bottlenose dolphins are also present on the north coast of Ireland and are frequently recorded at Inishowen Head, Co. Donegal. It is important that commercial whale watch operators are knowledgeable about the species they are targeting and seek accreditation in Best Practices or Codes of Conduct to “Go Blue for Business”, through the SeaSafe Programme. Trained SeaSafe. Operators who have completed our coastal course will be responsible for submitting sightings to the Observers App and contributing to the conservation of cetaceans in Irish waters. Whale watching activities are well established and are growing in many parts of Ireland (e.g. Baltimore, Schull and Union Hall in West Cork, Cork Harbour, Ballycotton, East Cork, PAGE 10 OF 36
Ventry, Co. Kerry, the outer and inner Shannon Estuary (Berrow, 2003). In addition, new operators have commenced whale watching activities in Donegal Bay, Bantry Bay, Dingle and Union Hall. Sightings of migratory species such as humpback whales are increasing in Irish waters in recent years (Ryan et al., 2015), with an additional include six sightings along the north coast of Ireland, off Co. Donegal, Co. Sligo and Co. Antrim between 2018 - 2019. The Guidelines presented here are adapted from ACCOBAMS Guidelines to address whale and dolphin watching activities carried out for commercial purposes and relate to all marine activities that may encounter cetaceans as a means of raising funds for important research and conservation efforts, including all commercial activities but excluding primarily dedicated research activities, which should be separately licensed, perhaps by a special permit system. These are intended to provide a framework for the development of more detailed protocols by national and regional authorities at a local level.
SPECIES IDENTIFIC ATION GUIDE:
P A G E 11 O F 3 6
Fin whale in the waters off West Cork, September 2019. Photo by David Edwards of West Cork Charters.
IMPACT ASSESSMENT ORCA Ireland recommends that prior to new cetacean-watching activities commencing, stakeholders should make a formal assessment of their potential impact on the favourable conservation status of cetaceans to the National Parks and Wildlife Services (NPWS), a division of the Department of Housing, Local Government and Heritage. Advice relating to how to conduct such an assessment may be sought from ACCOBAMS and the Ocean Research & Conservation Association of Ireland (ORCA Ireland). Threats to cetaceans will be assessed for significant impact on the behavioural patterns or physiological well being of cetaceans, and no new whale and dolphin watching operations should be authorised until a formal impact assessment is complete. If no significant impact is predicted from the assessment, the authorities should re-evaluate conditions under which wildlife watching activities may be established. Impact assessments should be repeated on a periodic basis every five to ten years.
PA G E 12 O F 3 6
PERMITS COMMERCIAL OPERATIORS Any commercial whale and dolphin watching activity should only be carried out under a permit granted by the NPWS. Permits for commercial operations should be issued by area, with a restriction on the number of commercial vessels permitted to operate in any given area on a given day. Variations in Codes of Conducts can be included in permits in certain geographical locations or different portions of populations (for example mothers and calves in breeding areas that may be more sensitive to disturbance and displacement.)
SPECIAL PERMITS In the instance of activities such as research or media work may require individuals or vessels to approach cetaceans at a close distance other than that identified in these guidelines, it is recommended that special permits, issued by the NPWS, be required. Advice on the issuance of special permits can be sought from ACCOBAMS and ORCA Ireland.
CRITERIA FOR CERTFIC ATES Before issuing a certificate for commercial operations at sea around cetaceans ORCA Ireland should be satisfied that there is substantial compliance with the following criteria: 1. That the commercial operation should not have any adverse effect on the behavioural patterns of the cetacean species to which the application refers; 2. That it should not conflict with the conservation, research, management, or protection of the cetacean concerned; 3. That the proposed operator, and the operator’s crew/ staff who may come in contact with cetacean, should have sufficient prior experience with cetaceans; i.e. are knowledgable about species diversity, ecology and behaviours. 4. That the proposed operator, and the operator’s crew/staff who may come into contact with cetacean, should have sufficient knowledge of the local area and of the sea and weather conditions; PAG E 13 O F 3 6
5. That the commercial operation should have sufficient educational value to participants or to the public; 6. That the commercial operation, facilitate the collection of scientific data through citizen science and ultimately support the publication of these data in a useful form; i.e. academic journals. 7. That the vessel used meets appropriate national safety standards; 8. That the vessel used be insured for the passengers that it carries; and 9. That the vessel be deemed appropriate for whale watching operations. 10.That the crew/staff adhere to a “Leave No Trace” and “Do Not Disturb” Code of Conduct for best practices during encounters with cetaceans.
APPLIC ATIONS FOR CERTIFIC ATES: To obtain a SeaSafe Certificate for whale watching, operators are expected to submit an application setting out relevant information that should include the following: a) The type, number and speed of vessels intended for use and the maximum number of vessels the operator proposes to operate at any time; b) Where possible, information relating to the noise level of each vessel both above and below the sea; (this information can be gathered as part of the impact assessment). c) The area of operation; e.g. for a passenger boat with a P3 license plying limit of up to three miles offshore, P5 has a plying limit for sea area up 30 miles offshore. d) The base or office of the operation; e) The duration and frequency of trips; f) The species of cetaceans with which the operation will be expected to have contact; g) The nature of the contact (e.g. viewing from a boat’s decks, an underwaterviewing platform);
PAG E 14 O F 3 6
h) The method of locating cetaceans; (i.e. will the company host be a dedicated ORCA Ireland observer on-board?). i) The maximum number of passengers to be taken on board; j) The persons in command of the vessel or aircraft, their qualifications and, where appropriate, those of their staff; k) The educational information and materials that will be provided to the passengers (e.g. will there be an onboard commentary provided by a naturalist); Note: In order for accurate data to be collected, analysed and ultimately published, consultation with an appropriate Irish based marine scientific organisation, institute or research body is required.
A DVA N TAG E O U S A P P L I C AT I O N S : Applications which are viewed favourable may also include:
- An overview of any research activities to be conducted in conjunction with the wildlife watching activities;
- A commitment to keeping a daily log of cetacean watching activities that can be provided to the authorities at the end of a year/season through citizen science tools such as the Observers App.
REFUSALS: No certificate will be granted by ORCA Ireland if: 1). The operator and the crew/staff who come into contact with cetaceans does not have sufficient experience with cetaceans; 2) The operator and the staff do not have sufficient knowledge of the local area and of sea and weather conditions; 3) The operator and the staff who come into contact with cetaceans have convictions for offences involving the mistreatment of animals; 4) The operation proposed has sufficient educational value to the public; and PAG E 15 O F 3 6
5) The vessel meets appropriate safety standards, including carrying safety equipment, and is adequately insured for such purpose.
C HANGES IN CERTIFIC ATE AGREEMENTS: ORCA Ireland should be able at any time suspend, revoke or amend a permit, or restrict the operation authorised by a certificate, where: a) The conservation status or welfare of the cetaceans is being threatened by the activity; and/or b) The holder contravenes or fails to comply with any statutory requirement relating to whale watching or any condition specified in the permit;
Humpback whale (Megaptera novaengliae) fluke size in comparison to human head on-board “Radiance” of Baltimore Wildlife Tours. Photo by Emer Keaveney/ORCA Ireland.
PAG E 16 O F 3 6
CODES OF CONDUCT GENERAL BEST PRACTICES: Noting that different specification for codes of conduct for vessels in the proximity of cetaceans may apply to different species and even for different sub-sections of a population (for example mothers and calves), therefore the following recommendations for this aspect of codes of conduct will require specific development at the local level and for each operator as part of their impact assessment. Nonetheless, each encounter should be managed such that it allows cetaceans to control the nature and duration of the interaction. Cetacean watch operators have a “duty” to care for the animals that they exploit. Every effort should be made to minimise disturbance to cetaceans and avoid collisions with the animals and other vessels in the vicinity. The following basic protocols should be established in codes of conduct and considered in the permitting process: • Vessels should be operated so as not to disrupt the normal behaviour of cetaceans; Advice concerning what constitutes “normal behaviour”, disturbance and can be sought from ORCA Ireland and is provided during accredited SeaSafe Observers Operators Training. • Contact with cetaceans should be abandoned at the first signs of the animals becoming disturbed or alarmed; • There should be periods during the day when the animals are not subjected to whale watching activities by any vessel, including those in possession of a research or filming licence/permit. These “quiet periods” should be at least one third of the period of daylight; operators should seek to coordinate their operations to avoid this quiet period. • Particular care should be taken when calves are present; and vessels should avoid nursery groups. • No rubbish, sewage or other polluting substances (including oil) or food should be disposed of at sea and in the proximity of cetaceans.
PA G E 17 O F 3 6
VESSEL ACTIVIT Y & BOATING PROTOCOL: With the expiation of emergency circumstances of human safety, operators should always: • Avoid having more than one vessel watching a marine mammal or a cohesive group of cetaceans; • If more than one vessel is in the approach zone, they should be in radio communication to coordinate their movements around cetacean(s); • A dedicated observer should be on duty wherever possible in addition to the captain of the vessel; • Care should be taken that no vessel enter in the path between a cetacean separating it from a group or dividing a mother from her calf or that a group or individual be dispersed; dispersal may result from vessel harassment or approaching a cetacean too quickly or too closely. • Under no circumstances should cetaceans be driven or their movements blocked by vessels; e.g. leap frogging is strictly forbidden. • Sudden or repeated change in the speed or direction of vessels or aircraft should not be made except in the case of an emergency; • Vessels should not drift down towards cetaceans; and maintain a distance of 200m between any other boats in the vicinity; successive boats should follow the same course and come astern. • If cetaceans approach the vessel or bow-ride, maintain a slow, steady speed without changing course; ideally 7- 10 knots. • Where a vessel stops to enable the passengers to watch a cetacean, the engines should be placed in neutral or powered off; • When departing from watching cetaceans it is of importance to determine where the animals are relative to the vessel to avoid collisions or coming too close to the animals. In PAG E 18 O F 3 6
some circumstances it may be necessary to wait for animals to return to the surface from a dive to be certain as to their position; • Cetaceans should never be approached head-on, or from directly behind, nor should they be closely paralleled by vessels or approached by vessels under sail; and isolated mother and calf pairs and isolated calves should also be left alone, as should animals that appear to be resting or avoiding vessels.
PAG E 19 O F 3 6
ZONES:
PAGE 20 OF 36
• Except in circumstances where the cetaceans themselves choose to approach, vessels should always maintain themselves at a particular distance from the animals being watched depending on the zone or “distance ring” the vessel has entered. • In the case of large whales, a distance of 100m is recommended and, for dolphins, 50m. Vessels at this distance from the animals are at the edge of the “Watching Zone”; • Between the watching zone and a distance of 300m from the animals, vessels should maintain a slow and constant no-wake speed, this is known as the “Caution Zone”. The area between 300m and the watching zone is the “No Approach Zone”; 100m for whales and 50 m for dolphins - here operators should shut off their engines. In the case of critically endangered killer whales that visit our shores, the caution zone is extended to 400m. • A vessel departing from the vicinity of cetaceans should also proceed slowly (i.e. travelling at 7 knots or 10 knots maximum), until it is at least 300 metres from the nearest cetacean; • Only one vessel at any one time should be in the watch zone and no more than two in the approach zone; • Time in the watching zone should be limited; periods of twenty or thirty minutes may be appropriate at a maximum.
DRONES: Unmanned aerial vehicles (UAVs)/unmanned aerial systems (UAS) are commonly known as drones. Drone technology is outpacing regulations in Ireland and drone use around cetaceans is rapidly growing. This poses an imminent threat to cetaceans from harassment with little known impacts on the disturbance to species present in Irish waters. In addition, scientific studies are hindered by lack of regulatory framework and permitting, while recreational users go unchecked with use of drones being poorly regulated on whale watch vessels. Research studies have indicated that in certain circumstances, drones can contribute to avoidance behaviour of marine mammals. When marine mammals react negatively to drones (or other disturbances), they can become separated from their group or pups. They can wander off to unsafe places. Birds can be flushed out of their nests, potentially dropping their unhatched eggs. Avoidance behaviour is well documented in the marine biology fields, but most drone operators are not aware of the implications. As the noise and close proximity of drones can disturb marine wildlife. When viewing marine mammals from the air using a drone: PAG E 21 O F 3 6
• Become a registered and trained drone pilot with the Irish Aviation Authority (IAA). • Plan your flight ahead of time. • Seek advice from biologists to learn about potential species you may encounter in a certain
area and to learn about key disturbance behaviours. PAGE 22 OF 36
PAGE 23 OF 36
• Never fly your drone beyond the visual line of sight. • Maintain a distance and an altitude of at least 300 meters altitude when flying a recreational or commercial drone with a weight of 4 to 25 kg. • Maintain a distance of 300 m and an altitude of 150 meters when flying a recreational drone of 1kg. • Researchers may use drones/UAS to conduct scientific research on protected species only if the proper permits and authorisations are secured and should maintain a flight height of 30m. • NEVER fly at cetacean head on - this is a no approach zone. • Use models that are electric (gas powered drones are louder and nosier). • Avoid endangered species unless you have a special permit for research e.g. humpback whales. • Avoid flying your drone over mothers and calves during the breeding season e.g. common dolphins in spring.
SUMMARY OF GUIDELINES
PAGE 2 4 OF 36
PAGE 25 OF 36
TRAINING & ACCREDITATION: WHALE WATC H OPERATORS C OURSES: Whale watch operators should attend ORCA Ireland’s organised SeaSafe Observers Training courses for their company and staff (preferably including on-board naturalists) and, where appropriate, be granted a dated “SeaSafe Observers Certificate”, showing their proficiency which can be displayed on-board and digitally on their website and effectively gaining credibility as an eco-friendly and blue minded business. Accreditations will be approved following the operators has met the appropriate criteria. As such an audit will be part of the permitting application process. Refresher courses every 3 years should also be offered and further training for on-board naturalists also be considered.
SANCTIONS AND REMEDIES: Sanctions of sufficient gravity to deter violations of the conditions identified in the guidelines will be issued, including the suspension or revocation of certificates; and those who are responsible for violations should be required to compensate the damage in the form of restitution or mitigation.
ACOUSTIC DETECTION: The use by cetacean watching operations of sonar systems that emit noise to detect cetaceans or to bring them to the surface should not be permitted under any circumstances. Consideration should be given to limiting the use of passive whale detection systems (e.g. hydrophones) where it is believed that they may cause cetacean watching activities to become too concentrated and should only be provided for specific research projects.
REGUL ATION: Inspection and audits of cetacean watching activities should be conducted to ensure compliance with guidelines upon application for accreditation. One consideration for continued licensing of an operator would be continued appropriate compliance.
PAGE 26 OF 36
ASSESSMENTS & AUDITS: An initial assessment is required for companies to become accredited operators. This will involve a certification fee of 200 euro payable to the inspector on behalf of the certification body on or before the day of inspection. A third party inspector will board the vessel for one tour on the specific date agreed upon by the owner/skipper and certification body to conduct the assessment. Audits are required every 3 years from the date of initial assessment. Accredited operators will be provided with on-board summary guides of best practices for whale and dolphin watching, in addition to drone operations best practices. Accredited operators will also be listed on the Ocean Research & Conservation Association Ireland website www.orcaireland.org and will be provided with an SeaSafe Observer flag to fly above their vessels. Requirements for SeaSafe Observer accreditation are classified as Mandatory or Recommended, according to their level of importance. Mandatory Requirements: imply the operator is to comply fully with regulations in order to be certified. In the instance the company fails to comply with a mandatory requirement they are given a period of grace (1 month from date of assessment or audit), to propose effective corrective actions, to be submitted to the certification body. Proposed corrective measures must include a timetable regarding the implementation of each issue of noncompliance. Proposed corrective measures are required to be e fully implemented within the following 12 months post assessment or audit and verified during the surveillance audit. Recommended Requirements: Recommended requirements are not compulsory for the company to become SeaSafe Observers certified. However, non-compliance with recommended requirements will be taken note of during the assessment and audit process and shall a company be noted to fail to comply with three or more recommended requirements, the company’s certificate may be revoked. The company shall inform the certification body, during the following audit, regarding any corrective measures implemented.
PAGE 27 OF 36
C OMPANY ASSESSMENT/ AUDIT FORM: Company Name:
Company Address:
Owner Name: Skipper(s) Name:
Vessel Name:
Registration No.:
Horse Power
Passanger
(kW)
licence: Time of year:
Whale watching
Species likely to
Species (latin
area (s) (Lat/
encounter: (common
name)
Long):
name)
No. of permenent No. of seasonal
Name of
Relevant
employees:
Naturalist/
qualifications
Guide(s):
specific to each:
employees:
PAGE 28 OF 36
Certification &
Date of First
Date of Audit:
Next Audit Date:
Awards:
Assessment:
Mandatory
Information
Compliance
Comments:
Requirement:
Required:
(Y/N)
Whale watching permit
Image or photocopy
Passanger Licence:
Image or photocopy
No Active Sonar / Depth sounders
Image of onboard instruments while on a tour i.e. date and time visible on image
Distance of 100 m to whales Verified with digital range finder 50 m to dolphins maintained by inspector when vessel approaches cetaceans Slow and constant speed of 7-10 knots in presence of cetaceans
Verified by on-board inspector with accelerometer
No chasing cetaceans
Verified by video footage from a). Passengers of your vessel, b) passengers of another vessel or c). On-board inspector
No Corralling cetaceans, in particular isolated individuals, mothers & calves, mating or resting cetaceans
Verified by video footage from a). Passengers of your vessel, b) passengers of another vessel or c). On-board inspector
On approach from cetaceans vessel remains at constant heading
Verified by on-board inspector
Approach cetaceans from 30° to become parallel with travel i,e. No approach from head on or rear
Verified by video footage from a). Passengers of your vessel, b) passengers of another vessel or c). On-board inspector
No cause of dispersal i.e. breaking up of pod or separation of mothers and calves
Verified by video footage from a). Passengers of your vessel, b) passengers of another vessel or c). On-board inspector
One vessel in watch zone (300 m) while other wait outside
Verified by video footage from a). Passengers of your vessel, b) passengers of another vessel or c). On-board inspector
PAGE 29 OF 36
Watch time 30 mins max (no Verified by on-board inspector other vessel in the area) Watch time 15 mins max (other vessels present outside watch zone)
Verified by on-board inspector
Engine placed in neutral Verified by on-board inspector when vessel is in watch zone (300m) Skipper and crew are Verified by on-board inspector aware of location of cetaceans to aid in avoidance of vessel collision If sperm whale is encountered and begins to shallow dive (1 - 5 minute surface intervals with no tail fluking) - vessel will leave the watch zone at a slow speed of 7 knots.
Verified by on-board inspector
Company does not provide swim with operations
Proof required e.g. screenshot email or text
No feeding of cetaceans or other marine wildlife
Verified by on-board inspector
Accurate information provided to passengers on how to behave when there is a sighting e.g no loud sounds
Verified by on-board inspector
Accurate information provided to passengers about environmental issues such as threats to cetaceans and their habitats
Verified by on-board inspector
Operators do not attempt to Verified by on-board inspector attracts cetaceans through introducing sounds or food Crew have attended training Planned dates of attendance/ on the biology and certification or certification behaviour of target species evidence No waste at sea including fuel, lubricants, and plastic materials
Verified by on-board inspector
All waste is recycled or appropriately disposed of
Evidence of recycle bins onboard
Company does not use single use plastics on-board (e.g. plastic bottles, plates, straws ect..)
On-board inspection
Compliance with International Labour Organisation and National laws on child labour
e.g. A child in Ireland is defined as a person under the age of 16
PAGE 30 OF 36
Employees are paid e.g. minimum wage in Ireland is adequate salaries at least at 9.80 euro/per hour mime wage Company is compliant with national law on health & safety
e.g. PPE, first aid box, radar switched off when observer is above wheelhouse. Inspection.
Recommended
Information
Compliance
Requirement:
Required:
(Y/N)
Non-toxic alternatives to anti-fouling to avoid persistent, toxic or bioaccumulating substances
Purchase order evidence
Crew must collect floating Evidence or on-board inspector plastic or fishing gear they encounter if spotted in good time All collected waste must be disposed of appropriately on return to port
Evidence of compliance
Company should work with Evidence of compliance ports to implement collection and recycling programmes for gear found Energy consumption per File uploaded with audit use and type (e.g. solar, gas ect..) should be noted on an annual basis Annual objectives to reduce energy consumption
Recommendation
Keep records of accidents and Injury
Recommendation
The company cooperates with Universities, Research Institutes or NGO’s to provide data on local cetaceans
Provide evidence e.g. copy of written agreement or other
At least one marine biologist CV attached to audit report is part of the companies team Company provides a platform for research on local cetacean population
Marine biologist undertakes these activities - provide summary of research to date in next audit
The company provides and encourages citizen science
Use of Observers App or other NGO’s reporting scheme e.g. IWDG - project description attached in following audit
Company keeps a log of and reports injured or dead floating cetaceans to relevant authorities
e.g. Irish Entanglement Alliance or use of observers app
PAG E 31 O F 3 6
Comments:
Use of vessel without an engine
e.g. sail boats, kayaks is recommended
Use of natural based suncreams
e.g. organic aloe vera sun cream or other is recommended
Recommend to passengers to wear natural based sun creams or hats for hot summer days
Recommendation
Name of
Inspector Signature:
Inspector:
Inspection
Owner Signature:
Date
OBSERVERS NET WORK In order to encourage best practice and appropriate management of resources, consideration may be given to support ORCA Ireland’s Observers Network comprised of local and regional whale watch operators, shipping companies and maritime industry who support the conservation of cetaceans through the Observers App.
SPECIFIC GUIDELINES APPROAC HING CETACEANS: All encounters should be dictated by the animal(s). If a cetacean approaches a vessel it may remain with the vessel. The vessel can then drift passively. If the animal is moving away from the vessel, it is choosing not to interact with or approach the vessel. Take all care to avoid collisions. This may include stopping, slowing down, and/or steering away from the animal/s. Do not chase or pursue animals.
ZONES II: - No intentional approach within 30 meters for Zodiacs. - No more than 3 vessels with the same group of dolphins at any one time within the watching zone. - New vessels entering into approach zones should make VHF contact with existing vessels in the area on the appropriate channel (e.g. channel 8). - Swimming with dolphins from commercial tour boats is strictly prohibited. PAGE 32 OF 36
CONSIDERATIONS: These Codes of Conduct are currently accepted by the operators in Baltimore, West Cork and Cork Harbour. Operators must seek permission from the National Parks and Wildlife Services to be allowed to commercially watch cetaceans. To receive permission operators must: - Comply with the Codes of Conduct - Abide by the most recent and updated Management Plan for Cetaceans in Irish Waters
- Provide monitoring data for the conservation of cetaceans in Irish waters. - Demonstrate competence in environmental interpretation and species ID The Accreditation Scheme has been established by Ocean Research & Conservation Association Ireland, an organisation established in July 2017 to formulate and implement a plan for the development of sustainable eco-tourism in Irish waters. The organisation will also develop an educational programme and raise local awareness of the diversity of marine megafauna in Irish waters and the importance of protecting their habitats.
PAGE 33 OF 36
REFERENCES: 1. Anderwald, P., Brandecker1, A., Coleman, M,m , Collins, C., Denniston, H., Haberlin, M.D., O’Donovan, M., Pinfield, R., Visser, F., Walsheet, L., (2013). Displacement responses of a mysticete, an odontocete, and a phocid seal to construction-related vessel traffic. Endangered Species Research, 21(3): p. 231-240. 2. Berrow, S., (2003). An assessment of the framework, legislation and monitoring required to develop genuinely sustainable whale watching. Marine Ecotourism: Issues and Experiences. P 55-78. 3. Christiansen, F., Rojano-Doñate, L., Madsen, P.T., Bejder, L., (2016). Noise Levels of Multi-Rotor Unmanned Aerial Vehicles with Implications for Potential Underwater Impacts on Marine Mammals. Frontiers in Marine Science, 3, p. 277. 4. Cisneros-Montemayor, A.M., Sumaila, R.U., Kaschner, K., Daniel Pauly (2010). The global potential for whale watching. Marine Policy 34(6): p.1273-1278. 5. Fettermann, T., Fiori, L., Bader, M., Doshi, A., Breen, D., Stockin, K.A., Bollard, B., (2019). Behaviour reactions of bottlenose dolphins (Tursiops truncatus) to multirotor Unmanned Aerial Vehicles (UAVs). Scientific Reports, 9, 8558. 6. Foley, A., McGrath, D., Berrow, S., Gerritsenet, H., (2010). Social Structure Within the Bottlenose Dolphin (Tursiops truncatus) Population in the Shannon Estuary, Ireland. Aquatic Mammals, 36(4): p. 372-381. 7. Hoyt, E., (2005). Sustainable ecotourism on Atlantic Islands, with special reference to whale watching, marine protected areas and sanctuaries for cetaceans. Biology and Environment: Proceedings of the Royal Irish Academy, 105b, p. 141-154. 8. Ingram, S., Rogan, E., (2002). Identifying critical areas and habitat preferences of bottlenose dolphins (Tursiops truncatus). Marine Ecology Progress Series, 244, p. 247-255 9. Ingram, S., Kavanagh, A., Englund, A., Rogan, E., (2009). Site assessment of the waters of northwest Connemara. A survey of bottlenose dolphins (Tursiops truncatus). Report for the National Parks and Wildlife Service of Ireland, University College Cork. PAGE 3 4 OF 36
10. Ramos, E, A., Malony, B., Castelblanco-Martínez, N., Kerr, I., Rogan, A., Audley, K., Magnasco, M, O., Reiss, D., (2018). Behavioural reactions of marine mammals to drones. 22nd Biennial Conference on the Biology of Marine Mammals. 11. Ryan, C., Whooley, P., Berrow, S., Barnes, C., Massett, N., & Strietman, W., & Broms, F., Stevick, P., Fernald, T., Schmidt, C., (2015). A longitudinal study of humpback whales in Irish waters. Journal of the Marine Biological Association of the UK. 95. 12. Stamation, K. A.; Croft, D. B.; Shaughnessy, P. D.; Waples, K. A.; Briggs, S. V. (2010), "Behavioral responses of humpback whales (Megaptera novaeangliae) to whale-watching vessels on the southeastern coast of Australia", Marine Mammal Science, 26 (1): 98–122. 13. Wilke, M., Bossley, M. and Doak, W. (2005) Managing Human Interactions with Solitary Dolphins. Aquatic Mammals. 31(4): 427-433. DOI 10.1578/AM.31.4.2005.427.
DOCUMENTS OF INTEREST: ACCOBAMS-MOP3/2007/Resolution 3.23 – Commercial Whale-Watching: Towards a Label. ACCOBAMS-MOP4/2010/Resolution 4.7 – Guidelines for Commercial Cetacean Watching Activities in the ACCOBAMS Area. ACCOBAMS-MOP6/2016/Resolution 6.20 – Commercial Cetacean Watching Activities in the ACCOBAMS Area. ACCOBAMS-MOP7/2019/Resolution 7.16 – Commercial Cetacean Watching Wildlife Watching and Tourism – A study on the benefits and risks of a fast growing tourism activity and its impacts on species (CMS). Friends of the Sea Sustainable Whale and Dolphin Watching Standard. Ver. 2, 1/04/2019 Global Best Practice Guidelines for Responsible whale and dolphin watching: Tourism activities involving wild cetaceans. A Guide by the World Cetacean Alliance with support from ClubMed. IWC Whale Watching Handbook – a comprehensive, online tool for regulators, industry and the general public.
PAGE 35 OF 36
PAGE 36 OF 36
