Question No. 570
Mr G R Morgan (Democratic Alliance) to ask the Minister of Water and Environmental Affairs:
(1) How many boat-based whale watching (BBWW) licences were granted for Walker Bay and what are the names of the individuals or entities to which these licences have been awarded;
(2) With reference to the regulations that govern BBWW, what are the provisions that govern the approach of cow/calf pairs in Walker Bay;
(3) Whether studies have been conducted along the coast to determine the effect of BBWW on cow/calf pairs; if not, why not; if so, what are the relevant details;
(4) Whether she has been informed that BBWW licence holders in Walker Bay at times transgress the regulations that govern BBWW by making closer approaches to cow/calf pairs than are permitted; if so, what steps are envisaged against such transgression;
(5) Whether any directives have been issued against these licence holders for transgressions relating to cow/calf pairs since the licences were first issued; if not, why not; if so, what are the relevant details?
Reply:
1. Licences were granted to two operators in Walker Bay as follows:
a. Sandown Fishing Company (Pty) Ltd, based at Hermanus harbour, operating on alternative weeks in Sandown Bay and Walker Bay.
b. Eubalaena Sea Safaris CC, based at Gansbaai, operating in the Walker Bay area only.
2. BBWW operators must remain more than 300 metres from cow/calf pairs (allowance is however, made for brief approaches to confirm cow/calf pairs found in groups or in poor weather conditions). Once the cow/calf group has been confirmed, the operator must immediately retire to a position of more than 300 m from the pair. Members of the public may not approach closer than 300 m to any whale.
3. Aerial surveys are conducted annually by the University of Pretoria, Mammal Research Institute along the South African coast, covering the most important distribution areas of southern right whales. Historical surveys have indicated that the numbers of whales (including cow/calf pairs) residing within the Walker Bay area are increasing annually (1999 to 2008), indicating that strict BBWW permit conditions have ensured that there is little or no disturbance of unattached whales and cow/calf pairs, despite allegations of disturbance. The Hermanus Tourism Association has also indicated that they are satisfied with the BBWW operators and their behaviour around whales within Walker Bay.
4. BBWW operators have at times transgressed the conditions that govern their operations. In the case of such transgressions, the necessary actions were taken (please refer to point five for details).
5. Specific areas within and outside BBWW operating areas are designated as closed areas (refuge areas) for all whale species, into which BBWW operators may not enter. Specific breeding areas along the South African coast are closed (completely) to any BBWW operators (e.g. San Sebastian Bay and the De Hoop Marine Protected Area [MPA]) in order to protect the breeding populations.
In the case of Walker Bay there is a whale sanctuary area specifically for whales, closed to all vessels entering from the western boundary (Westcliff beacon) of the new Hermanus harbour up to an area called Sopies Klip in which no vessel may enter during the whaling season (1 July to 30 November in any year ).
In addition to this MPA in Walker bay, there is a closed area (refuge area) from a position close to the northern boundary of the Gansbaai harbour to a position close to the north of Die Kelders. In between these two areas there is a restricted area in which all private vessels except permitted fishing vessels and BBWW operators may not enter during the whaling season (1 July to 30 November in any year).
Historically, one illegal operator has been prosecuted and one BBWW operator has been charged (and paid an admission of guilt fine) for entering a closed area. On three further occasions a particular Walker Bay resident reported that Eubalaena Sea Safaris either entered a closed area or approached cow/calf pairs. In all of these cases the operator was able to prove conclusively that he did not approach a cow/calf pair (affidavits from foreign tourists) and the inspectorate investigated a logging global positioning system (GPS) which proved that the operator did not enter a closed area.
In a more recent allegation this resident produced a clip from the media supposedly supporting his allegations that legal operators are approaching calves. The picture was forwarded to whale experts who all agreed that this person had mistaken a near fully grown southern right whale (10 m) for that of a calf.
The Department will (and has) prosecute(d) any transgression involving BBWW permit conditions and have encouraged BBWW tourists to report any transgressions. Future safeguards are envisaged for operators including vessel monitoring systems (VMS) to be fitted to all BBWW operators’ vessels.
Issued by: Ministry of Water and Environmental Affairs
10 July 2009
