A guide to boating and swimming around whales, dolphins and seals One of the great attractions of ’s coast line is the opportunity to see whales, dolphins and seals. From Nelson to Mallacoota, there’s a good chance of seeing a dolphin riding in the bow of a boat, a whale leaping high out of the water or a seal lazing on a beach. The Wildlife (Marine Mammal) Regulations 2019 are a set of laws to protect seals, dolphins and whales in Victoria. This brochure shows the distances to be kept from marine mammals to ensure your safety and minimise our impact on these special animals.

Keep your distance Watch whales, dolphins and seals responsibly and admire them from a distance. Use binoculars or a camera lens to get a closer look.

When boating Don’t get too close. It’s OK for whales, dolphins and seals to approach you, but don’t approach them beyond the permitted distances. Wherever possible, leave encounters to chance and at the animal’s choice (see Figure 1). If a whale, dolphin or seal takes an interest in you, slow down, don’t change course or speed suddenly and take care to avoid collisions. If there is a need to stop, reduce speed gradually.

Okay if animal  Deviating towards  approaches vessel the animals is not allowed

Figure 1. Boating around marine animals No go zone

For whales and dolphins: In the “no go zone” (shown as the red circle in Figures 2 and 3) recreational boats must not approach within: • of a dolphin or • of a whale. Jet skis are not permitted within of any whale or dolphin as they have a bigger impact on these animals.

one (reduce sp on z eed uti to ca 5 k el no Figure 2. ss ts ve ) Whale approach m distances 0 0 3

30° 0m 20

no approach or no approach waiting in front from behind

) v s e ot ss kn el 5 cau to tion eed zone (reduce sp

one (reduce sp on z eed uti to Figure 3. ca 5 k el no ss ts Dolphin approach ve ) distances m 0 15

30° 0m 10

no approach or no approach waiting in front from behind

) v s e ot ss kn el 5 cau to tion eed zone (reduce sp For seals: • For seals in water there isn’t a ‘no go zone’ but vessels must reduce speed to 5 knots in caution zones and abide by ‘no approach’ zones (see Figure 4). • For seals on land, you must keep at least 30 metres away, whether you are in the water or on land (see Figure 5). • For seals socialising or resting at a haul out site, you must keep at least 30 metres away in a vessel (see Figure 6). • For seals on a boat ramp, jetty or other structure attached to land, you must keep at least 5 metres away (see Figure 7). • Restrictions apply to approaching seal breeding colonies (see Protection Zones overleaf). • Jet skis are not permitted within of seals at haul out sites and on land. • Dogs must be kept 50 metres away from seals. These restrictions are for your own safety. The only exceptions to this are where you need to move past a seal for safety reasons, to land and retrieve your boat, or to navigate along recognised channels.

reduce zone ( speed ion to Figure 4. ut 5 k ca no el ts ss ) Seal approach ve distances m 0 5

30°

no approach or no approach waiting in front from behind

) v s e ot ss kn el 5 cau to tion eed zone (reduce sp No approach zone

The “no approach zone” (shown in orange in Figures 2, 3 and 4) is the area directly in front of and behind whales, dolphins or seals. If you see a whale, dolphin or seal while boating, you must not knowingly approach the animal from these directions. It is also illegal to deliberately position your boat in the path of a whale, dolphin or seal.

*unless a breeding colony (see protection zones)

30m*

Figure 5. Seal on land approach distances

Example: Chinaman’s Hat *A haul out site is a location where seals congregate that isn’t a seal breeding colony

30m

5m

Figure 6. Seal on haul out* approach distances

5m

Figure 7. Seal on water infrastructure approach distances Caution zone

The “caution zone” (shown in dark blue in Figures 2, 3 and 4) is the area within 300 metres around a whale, around a dolphin and 50 metres around a seal. When boating in this zone, you must: • avoid sudden changes in speed or direction • maintain a constant speed not exceeding 5 knots (8 kph) • leave the zone if a whale, dolphin or seal shows any sign of disturbance • not separate any individual whale, dolphin or seal from its group • not come between a mother and her young.

Reporting infringements

Under the Wildlife Act 1975, people who undertake illegal interactions with whales, dolphins and seals could be subject to fines or face imprisonment. Illegal interactions can be reported to the Office of the Conservation Regulator via the DELWP Customer Service Centre on 136 186. If in doubt, report it! You can remain anonymous if you wish.

In narrow waterways

In waterways less than 300 metres wide, keep at least 100 metres away from a whale and 30 metres away from a dolphin. The only exception to this is where you need to pass closer for safety reasons (see Figures 8 and 9). Figure 8. must exit one (reduce sp on z eed caution zone Approaching a uti to ca 5 k ASAP el no whale in a narrow ss ts ve ) waterway m 0 0 3

30° 0m* 10

no approach or no approach waiting in front from behind

) v s e ot ss kn el 5 cau to tion eed zone (reduce sp

* unless necessary for safe passage

must exit one (reduce sp Figure 9. on z eed caution zone uti to ca 5 k ASAP el no Approaching a ss ts ve ) dolphin in a narrow m 0 5 waterway 1 30° m* 30

no approach or no approach waiting in front from behind

) v s e ot ss kn el 5 cau to tion eed zone (reduce sp

* unless necessary for safe passage When swimming or surfing

It’s important to remember whales, dolphins and seals are large animals and may see you as a threat. There have been numerous cases where humans have been bitten by seals, knocked over by dolphins, or hurt or killed trying to swim with large whales. To protect you and the animals you must not swim or surf any closer than 30 metres to a dolphin (see Figure 10) or 50 metres to a whale (see Figure 11). There are no restrictions on how close you can swim or surf near a seal that is in the water, but you should be careful as seals can bite or knock you over. You must not swim closer than 5 metres to a seal that is at a haul out site (see Figure 6 – i.e. the seal at haul out diagram).

30m 30m

Figure 10. Dolphin approach distances

50m 50m

Figure 11. Whale approach distances General information

Hands off Remember that whales, dolphins and seals are wild animals and not pets. They generally don’t like being touched and can bite, scratch or slap you with their fins. Numerous bites have been reported by people trying to pat or grab onto these animals. It’s not good for the animal and nearly any wild animal, no matter how timid or small, is capable of inflicting injury.

Don’t feed wild animals Never attempt to feed wildlife. Wild animals rarely (if ever) need to be fed by humans. Some animals can become dependent on handouts or aggressive when they don’t get what they expect. They can also get sick from eating inappropriate foods or injure themselves if they swim too close to boats. Feeding fish scraps to seals and dolphins can result in people getting bitten. In some cases, habituated animals may have to be euthanised if they continually approach people for food. Wild animals are hunters and don’t need people to survive.

Responsible pet ownership Wildlife and pets don’t mix. Keep pets on a leash or leave them at home. Both pets and wild animals can be injured in unexpected encounters. When walking your dog, stay at least 50 metres away from seals. This will reduce stress for the seal and the chance of your dog getting bitten. Dogs can transfer diseases to seals and vice versa. If you are in a boat, you must not let your dog enter the water within 150 metres of a dolphin, 300 metres of a whale and 50 metres of a seal. If you see a stranded whale, be sure to keep your dog at least 300 metres from the whale. Let wildlife be wild Limit the time you spend watching whales, dolphins and seals. Encounters with people can be stressful for animals and alter their behaviour. Fifteen minutes is usually reasonable. It is likely you are not the only person to approach the animal that day. Remember the sea and surrounds are their home; you are visiting, so keep your distance and avoid disturbing them.

Choosing a tour operator Licensed tour operators are permitted to approach whales, dolphins and seals closer than the distances detailed above, subject to a range of strict operating conditions. For more information on the rules relevant to tour operators, please visit the DELWP website at: www.delwp.vic.gov.au

Reporting injured or distressed marine mammals Stranded, entangled, sick or injured whales or dolphins should be reported to the Whale and Dolphin Emergency Hotline on 1300 136 017. Do not report seal or penguin issues to this number. Stranded, entangled, sick or injured seals or penguins should be reported to the DELWP Customer Service Centre on 136 186.

© The State of Victoria Department of Environment, Land, Water and Planning 2019

This work is licensed under a Creative Commons Attribution 4.0 International licence. To view a copy of this licence, visit creativecommons.org/licenses/by/4.0/ Printed by Finsbury Green ISBN 978-1-76077-931-3 (print) ISBN 978-1-76077-932-0 (online) 0 0.3 0.6 1.2 1.8 2.4

North 0 90 180 360Kilometres540 720 North 0 90 180 360 540 720 Metres

Projection: Vicgrid 94 North Latitude and Longitude values are based on GDA 94 Metres Projection: Vicgrid 94 38°17'30"S 38°17'30"S Projection: Vicgrid 94 38°17' 56.9" S 144°38' 54.8" E

Kanowna Island Nepean Rock

2 38°18'0"S 38°18'0"S Anderson Islets 50 rom thAndersone Low Islets 39°9'0"S 38°18’ 5” S m f W 39°9'0"S etr er a Low Water Mark 144°38’ 54.8” E e uff t b er M Anderson Islets Anderson Islets a 39°9'0"S r 38°18’ 46.8” S 38°18’ 7.5” S 39°9'0"S k 144°39’ 5.2” E 144°42’ 19.6” E 38°18'30"S Protection zones38°18'30"S

38°18’ 56.6” S 144°42’ 19.6” E Low water mark Low water mark Police Point 38°19'0"S 38°19'0"S Low water markThere are a number of Lowimportant water mark areas in 39°9'30"S Victoria where whales, dolphins and seals 39°9'30"S 38°19'30"S 38°19'30"S 39°9'30"S gather, breed and feed. Marine mammals are 39°9'30"S given special protection in theseNon-Breeding areas season to Breeding season minimise disturbance. (50m from the low water mark) (100m from the low water mark) Non-Breeding season Breeding season 38°20'0"S

38°20'0"S BASS STRAIT (50m from the low water mark) 144°38'0"E (200m from144°39'0"E the low water mark)144°40'0"E 144°41'0"E 144°42'0"E

BASS STRAIT 146°18'0"ESanctuary Zone 146°18'30"E Port146°18'0"E Phillip Heads Marine146°18'30"E National Park

146°18'0"E 146°18'30"E 146°18'0"E Tour operator146°18'30"E exclusion zone Seal colony boundary

Tour operator exclusion zone Seal colony boundary

MELBOURNE TAMBOON

LAKES ENTRANCE 5 WARRNAMBOOL GEELONG

LORNE 1 7 3 6 2 4 NATIONAL PARK 8

1. , Philip Island • Boats not permitted within of Seal Rocks. • Jet skis not permitted within 200 metres of the 0 150 300 600 900 1,200 seal colony boundary. North Metres

Seal Rocks 38°31'30"S 38°31'30"S Low Water Mark

Low Water Mark

BASS STRAIT 38°32'0"S 38°32'0"S Year round (60m from the low water mark) Projection: Vicgrid 94

145°5'0"E 145°5'30"E 145°6'0"E 145°6'30"E Tour operator exclusion zone Seal colony boundary (20m from low water mark) (60m from low water mark) 2. Ticonderoga Bay Sanctuary Zone, Port Phillip Bay • Boats must not approach within 200 metres of a whale or dolphin. • Jet skis not permitted within 300 metres of a whale or dolphin. • Boats can enter the area, but if a whale or dolphin is present, keep your distance. • Boats must not exceed 5 knots within 200 metres 0 0.3 0.6 1.2 1.8 2.4 of shore. North Kilometres

Projection: Vicgrid 94 Port Phillip Latitude and Longitude values are based on GDA 94 38°17'30"S 38°17'30"S

38°17' 56.9" S 144°38' 54.8" E

Nepean Rock

2 38°18'0"S 38°18'0"S 50 rom the Low 38°18’ 5” S m f W etr er a Low Water Mark 144°38’ 54.8” E e uff t b er M ar 38°18’ 7.5” S k 38°18’ 46.8” S 144°39’ 5.2” E 144°42’ 19.6” E 38°18'30"S 38°18'30"S

38°18’ 56.6” S 144°42’ 19.6” E Police Point 38°19'0"S 38°19'0"S 38°19'30"S 38°19'30"S

BASS STRAIT 38°20'0"S 38°20'0"S 144°38'0"E 144°39'0"E 144°40'0"E 144°41'0"E 144°42'0"E

Sanctuary Zone Port Phillip Heads Marine National Park 3. , near Port Fairy • Boats not permitted within 200 metres of Lady Julia Percy Island during seal breeding season (1 November to end of February). • Outside breeding season, boats not permitted closer than 100 metres of Lady Julia Percy Island. • Jet skis not permitted within 200 metres of the seal colony boundary.

0 180 360 720 1,080 1,440

North Metres

PORTLAND BAY Projection: Vicgrid 94

Lady Julia Percy Island 38°24'30"S 38°24'30"S 38°25'0"S 38°25'0"S

Low water mark

Low water mark 38°25'30"S 38°25'30"S

Non-Breeding season Breeding season (100m from the low water mark) (200m from the low water mark)

141°59'30"E 142°0'0"E 142°0'30"E 142°1'0"E 141°59'30"E 142°0'0"E 142°0'30"E 142°1'0"E

Tour operator exclusion zone Seal colony boundary 4. , Cliffy Group east of Wilsons Promontory • Boats not permitted within 100 metres of Rag Island during seal breeding season (1 November to end of February). • Outside breeding season, boats not permitted closer than 50 metres of Rag Island. • Jet skis not permitted within 200 metres of the seal0 colony105 210 boundary.420 630 840

North Metres

Projection: Vicgrid 94 38°57'0"S 38°57'0"S

Rag Island

Low Water Low Water Mark Mark

BASS STRAIT BASS STRAIT 38°57'30"S 38°57'30"S

Non-Breeding season Breeding season (50m from the low water mark) (100m from the low water mark) Projection: Vicgrid 94

146°40'30"E 146°41'0"E 146°40'30"E 146°41'0"E

Tour operator exclusion zone Seal colony boundary 5. , Croajingalong National Park • Boats not permitted within 100 metres of The Skerries during breeding season (1 November to end of February). • Outside breeding season, boats not permitted within 50 metres of The Skerries. • Jet skis not permitted within 200 metres of the seal 0 75 150 300 450 600 colony boundary. North Meters

Projection: Vicgrid 94 TASMAN SEA TASMAN SEA 37°45'0"S 37°45'0"S 37°45'0"S

The Skerries

Low water mark Low water mark

Non-Breeding season37°45'30"S Breeding season

37°45'30"S (50m from the low water mark) (100m from the low water mark) 37°45'30"S

149°31'0"E 149°31'0"E

Tour operator exclusion zone Seal colony boundary

6. Logan’s Beach Exclusion Zone, near Warrnambool • All boating activity (including jet skis) prohibited in Logan’s Beach Exclusion Zone from 1 June to 31 0 700 1,400 2,100 2,800 October each year. North Metres 38°23'0"S 38°23'0"S

Hopkins River

Lady Bay

38°24'0"S 38°24'9"S Low 38°24'0"S 142°30'29.6"E Wa Point ter Ma Ritchie rk

38°24'45.1"S 142°30'22.9"E Gaul's Cave

38°25'1.4"S 38°25'0"S 142°33'6.5"E 38°25'0"S

38°25'49.9"S 142°32'32.5"E

38°26'0"S Projection; VicGrid 94 38°26'0"S SOUTHERN OCEAN Latitude and Longitude values are based on GDA 94

142°29'0"E 142°30'0"E 142°31'0"E 142°32'0"E 142°33'0"E 142°34'0"E 142°35'0"E

Exclusion zone 7. Cape Bridgewater, near Portland • Boats not permitted within 100 metres of the seal breeding colony at Cape Bridgewater during breeding season (1 November to end of February). • Outside breeding season, boats not permitted closer than 50 metres of the seal breeding colony at Cape Bridgewater. • Jet skis not permitted within 200 metres of the seal colony boundary.

0 65 130 260 390 520

North Metres

38°23'6"S 141°24'35"E

38°23'10"S 141°24'36"E

38°23'14"S Projection: Vicgrid 94 141°24'38"E Latitude and Longitude values are based on GDA 94 L o Bridgewater Bay w 38°23'16"S 141°24'38"E W a te r

M 38°23'23"S a 141°24'44"E r k

38°23'26"S 141°24'46"E 38°23'30"S 38°23'30"S 38°23'36.401"S 141°24'46.461"E Breeding season (100m from the low water mark)

38°23'43.486"S 141°24'48.989"E a er M rk at w W 38°23'44.062"S Lo 141°24'48.992"E

SOUTHERN OCEAN 38°23'44.476"S 0 65 130 260 390 520 141°24'37.051"E

North 141°24'0"E Metres 141°24'30"E 141°25'0"E Tour operator exclusion zone Seal colony boundary (50m from low water mark) 38°23'6"S (100m from low water mark) 141°24'35"E

38°23'10"S 141°24'36"E

38°23'14"S Projection: Vicgrid 94 141°24'38"E Latitude and Longitude values are based on GDA 94

38°23'16"S Bridgewater Bay 141°24'38"E

38°23'23"S 141°24'44"E

38°23'26"S 141°24'46"E 38°23'30"S 38°23'30"S 38°23'36.401"S 141°24'46.461"E Non-Breeding season (50m from the low water mark)

38°23'43.486"S 141°24'48.989"E

38°23'44.062"S 141°24'48.992"E

38°23'44.476"S 141°24'37.051"E

141°24'0"E 141°24'30"E 141°25'0"E Tour operator exclusion zone Seal colony boundary (30m from low water mark) (50m from low water mark) 8. Kanowna Island, Wilsons Promontory • Boats not permitted within 200 metres of Kanowna Island between November and January or within 50 metres between February and October. • Under the provisions of the National Parks Act 1975 all classes of vessels, other than those operating under a Licensed Tour Operator Permit, are prohibited from approaching within 200 metres of Kanowna Island between November and January or within 50 metres between February and October. • Jet skis not permitted within 200 metres of the seal0 colony90 180 360 boundary.540 720 North Metres

Projection: Vicgrid 94

Kanowna Island

Anderson Islets Anderson Islets 39°9'0"S 39°9'0"S

Low water mark Low water mark 39°9'30"S 39°9'30"S

Non-Breeding season Breeding season (50m from the low water mark) (200m from the low water mark)

BASS STRAIT

146°18'0"E 146°18'30"E 146°18'0"E 146°18'30"E

Tour operator exclusion zone Seal colony boundary delwp.vic.gov.au