Cetacean observation (whale-watching)

Regulation on cetacean observation activities (whale-watching)

(pursuant to art. 23 of M.D. 100 of 28.04.2017)

1. Whale-watching is not permitted in Zones A, with the exception of scientific monitoring previously authorised by the managing body.
2. In Zones B and C, whale-watching activities on board nautical craft used for observation activities are permitted, subject to authorisation by the managing body, in compliance with the provisions of articles 18, 19, 20, respectively on recreational navigation, mooring and anchoring, and according to the methods indicated below.
3. For whale-watching activities and in the presence of marine mammals in the marine protected area, an observation zone is identified, within a distance of 100 metres from the sighted cetaceans, and an approach zone within 300 metres from the sighted cetaceans.
4. In the observation zones referred to in the previous paragraph, the following code of conduct applies:
   1. the maximum navigation speed allowed is 5 knots;
   2. no more than 3 (three) nautical craft can be present at the same time in the approach zone, waiting to enter the observation zone, following the chronological order of arrival in the approach zone;
   3. bathing is not permitted in the observation zone, and only one nautical craft or one aircraft may be present, following the chronological order of arrival, exclusively at an altitude higher than 150 metres above sea level;
   4. helicopter overflight is not permitted, except for rescue, surveillance and service activities;
   5. it is not permitted to remain in the observation zone for more than 20 minutes;
   6. it is not permitted to approach the animals closer than 100 metres;
   7. it is not permitted to remain with the nautical craft within a group of cetaceans, separating, even involuntarily, individuals or groups of individuals from the main group;
   8. it is not permitted to feed the animals or to throw any other material into the water;
   9. head-on approach to the animals is not permitted;
   10. sudden changes of course and speed of the nautical craft are not permitted;
   11. in the event of voluntary approach of cetaceans to the nautical craft, it is mandatory to maintain a constant speed and direction, below 5 knots, without making changes of direction;
   12. in the event that the animals show signs of intolerance, it is mandatory to move away on a constant course from the observation and approach zones.
5. For the purpose of issuing the authorisation with a maximum annual validity, for carrying out whale-watching activities, applicants must pay the managing body a fee as a secretarial charge, according to the methods indicated in the following art. 35.
6. The issue of the authorisation entails the obligation to:
   1. annually provide the managing body with information relating to the activities carried out, for the purposes of monitoring the marine protected area;
   2. provide users with the specific information material prepared by the managing body;
   3. obtain from users a formal declaration of acknowledgement of the updating decree, of the regulation, of the present regulation and of any annual provisional regulations.
7. The discharge at sea of water from bilges or other systems of the nautical craft and of any toxic or polluting substance, as well as the release of solid or liquid waste, is not permitted. The delivery in port and the management of waste produced is permitted according to the “plan for the collection and management of waste produced by ships and cargo residues” in force, drawn up by the Oristano Port Authority.