leagal aspects of the whale watching.pdf - International Fund for ...

or engaged in fishing operations at anchor
within a buffer zone created by the surfacing
of a right whale may complete the haul, tow
or fishing operation provided they do so with
a minimum of disruption to the right whale,
hauls, tows or conduct their fishing operation
in a direction away from the right whale and
depart from the buffer zone immediately after
the haul, tow or fishing operation. In no event
may this provision be construed to authorize a
commercial fishing vessel to begin to haul,
tow or conduct its fishing operation in or into
a buffer zone. When conducting activities
within the scope of this exemption commercial
fishing vessels shall make every effort to
comply with 322 CMR 12.03.
4.04 Prohibitions:
It is unlawful:
1 to approach within 500 yards of a right whale,
except as otherwise provided for in 322 CMR
12.04;
2 to turn in any manner to intercept a right
whale within 500 yards thereof, except as
otherwise provided for in 322 CMR 12.04;
3 not to depart immediately from a buffer zone
created by 322 CMR 12.03(1), except as
otherwise provided for in 322 CMR 12.04;
4 for any commercial fishing vessel which has
completed a haul back, a tow of its gear or
otherwise completed its fishing operation and
is no longer at anchor not to depart
immediately from a buffer zone created by
322 CMR 12.03(1);
5 to harass a right whale; or
6 to harass a right whale cow and calf pair.
32 Legal Aspects of Whale Watching
9.3 Italy
There are two relevant instruments: The Ministerial
Declaration on the Italo-Franco-Monegasque Sanctuary
and the Codice de comportamento in presenza di
cetacei, Code of Conduct in the Presence of Dolphins
and Whales (produced by Tethys Research Institute5 ).
These regulations are applied as non-binding
guidelines by Italian whale watching vessels. No State
legislative prescriptions have been adopted yet.
The Declaration on the Italo-Franco
Monegasque Santuary
Joint Declaration on the Creation of a Mediterranean
Marine Mammal Sanctuary of
• The Minister of the Environment of the French
Republic
• The Minister of the Environment of the Italian
Republic
• The Minister for the Merchant Marine of the
Italian Republic
• The Minister of State of the Principality of
Monaco.
The Minister of the Environment and the Secretary of
State for the Sea of the French Republic, the Minister
of the Environment and the Minister for the Merchant
Marine of the Italian Republic, the Minister of State of
the Principality of Monaco
• Considering the severe threats to marine
mammals in the Mediterranean, and more
particularly, to their habitats.
• Taking into account that the Corsican-Ligurian-
Provence basin constitutes an area of
particular importance with respect to the
distribution of these animals.
5 The Tethys Research Institute is a private, non-profit research organisation based in Milano, Italy. Founded in 1986 by Giuseppe Notarbartolo
di Sciara, Tethys today numbers 15 researchers in the field of marine mammal, marine turtle and shark ecology and conservation. Its main
funding sources include private donations and contribution from lay persons actively participating to the research cruises. Potosole has
supported Tethys’ research in the Ligurian Sea since the beginning of the activities, in 1988.