FAQ

On 3 September 2018 Council received a community deputation requesting that Council support the establishment of a seasonal vessel exclusion zone for the Southern Right Whale nursery area between the Hindmarsh River Mouth and Murray River Mouth.  The vast majority of this whale nursery area falls within coastal waters adjacent to Alexandrina Council. 

The deputation submitted that protection of whales is of great ecological and economic importance to our region and gave recent examples of whale disturbance and associated changes in whale behaviour, such as whales submerging for extended periods or leaving the area altogether.  In contrast, it was submitted that when not disturbed by vessels, mothers will often bring their calves closer to the shore and spend more time on the surface providing greater and better opportunities for land-based whale watching. 

On 17 September 2018 Council resolved to undertake public consultation seeking community feedback on the possibility of asking State Government to establish a motorised vessel exclusion zone between the Hindmarsh River Mouth and Murray River Mouth during whale season each year.  Whale season runs from May to October. 

Council will consider feedback received during the public consultation period at a future meeting before deciding whether to write to the South Australian Government in support of greater legislative protections for this Southern Right Whale calving and nursery area.

Maintaining the legal distance from whales is important both for our safety and that of the animals.

Key protections for whales under the National Parks and Wildlife (Protected Animals – Marine Mammals) Regulations 2010 (SA) are summarised as follows:

• Jet skis must not move closer than 300 metres to a whale in all SA waters;

• Within the Encounter Bay Restricted Area, all vessels (motorised and non-motorised) engaged in observing marine mammals must not move closer than 300 metres to a whale or calf.

• Outside the Encounter Bay Restricted Area, other vessels (motorised and non-motorised) engaged in observing marine mammals must not move closer than 100 metres to a whale or closer than 300 metres to a calf.

• Swimmers (which includes a person using a bodyboard, boogie board or surfboard) must not move closer than 30m to a whale or closer than 300 metres to a calf.

The Encounter Bay Restricted Area extends from the eastern boundary of Newland Head Conservation Park to the west of the Bluff through to Beach Road at Goolwa Beach.

In addition, the Victor Harbor Restricted Area established under Section 27 of the Harbors and Navigations Act 1993 (SA) prohibits the use of personal water craft (i.e. jet skis) during the period 1 May – 30 September each year.  The Victor Harbor Restricted Area encompasses a 90 degree area offshore from Victor Harbor.

Maps of the Encounter Bay Restricted Area and Victor Harbor Restricted Area are available here.

Whales outside of the proposed motorised vessel exclusion zone would continue to be protected by these existing rules.

Additional protections are being proposed for this specific area which is being chosen by whales to give birth and raise their calves.  Whales have been visiting these waters in increasing numbers since the late 1990s and mother and calf pairs often reside within this nursery area for a number of months during whale season before making the long journey back to sub-Antarctic waters. 

A motorised vessel exclusion zone would provide a sanctuary where whales and their calves can be at ease without disturbance and where the public experience of whale watching is improved by the absence of motorised vessels which can cause detrimental changes to whale behaviour.

The Southern Right Whale is listed as endangered under the Environmental Protection and Biodiversity Conservation Act 1999.  Encounter Bay is currently identified by the Commonwealth Government as an emerging aggregation area but recent analysis by the Encounter Bay Right Whale Study on the number of whales and calves visiting our region suggests that when reassessed, Encounter Bay would now fit the criteria for an established aggregation area, making it a critical location for protection and recovery of the species.

The Australian Government’s 2011-2021 Conservation Management Plan for the Southern Right Whale contains an objective stating that domestic legislation that supports the recovery of the species should be maintained and where possible improved by 2021. 

The Australian Government’s 2011-2021 Conservation Management Plan for the Southern Right Whale identifies vessel disturbance as a known threat and noise interference as a potential threat to the Southern Right Whale population.  The Plan indicates that chronic disturbance from activities such as boat-based whale watching and personal watercraft (jetskis) can disrupt whale behaviour, leading them to avoid important habitat areas.

The primary concern is motorised vessels including personal watercraft such as jet skis.  The exclusion zone would not apply to swimmers or persons using a bodyboard, boogie board or surfboard.  The existing minimum approach distance rules described above would continue to apply to these kinds of non-motorised water craft.

In the case of an emergency, Surf Life Saving, Sea Rescue and other emergency service vessels would be exempt.

We encourage those who feel they might be unduly affected by the proposed exclusion zone to make a submission so that this feedback can be considered by Council.  We are also interested to know whether or not the community would support a whale nursery exclusion zone being extended to non-motorised vessels, and if so, which kinds.

Yes.  Two seasonal closures for vessels already exist to protect Southern Right Whale nursery areas at the Head of the Bight in South Australia and at Logans Beach at Warrnambool, Victoria.

Alexandrina Council does not have the power to establish a vessel exclusion zone over a marine area.  This can only be done by State Government. 

State Government could potentially create an exclusion zone using the Harbours and Navigations Act 1993 or the Marine Parks Act 2007.

Alexandrina Council would need to submit a request to the South Australian Government to establish the motorised vessel exclusion zone.  Community feedback is important in informing this process.

• Encounter Bay Right Whale Study

• SA Whale Centre

• Southern Right Whale Species Profile and Threats Database, Australian Government

• Conservation Management Plan for the Southern Right Whale 2011-2021, Australian Government

• Whale Watching Rules, Whale Watching Rules, South Australian Government