Whale Watching Regulations 2016 (2016/03).

These Regulations establish rules for whale watching, i.e. a person being transported, conveyed, conducted, or guided in a vessel or aircraft with a purpose to view or come into contact with marine mammals. Whale watching shall include also swimming encounters. No person may interact with a marine mammal (whale or dolphin) except in accordance with these Regulations. No person may touch a marine mammal unless authorised under a permit. The Regulations prohibit harassing or disturbing marine mammals. No person may feed or attempt to feed a marine mammal. No person may carry out a commercial operation unless the person holds a licence. The Director for the Department of Agriculture, Forestry and Fisheries may, by public notice, state the maximum number of licences that will be issued each year. No whale watching shall take place where- (a) traditional fishing is carried out on a vaka; or (b) fono (a traditional Niuean custom prohibition applicable during a particular fishing season or fishing area) is observed. These Regulations do not apply to a fishing vessel while it is engaged in fishing unless the vessel - (a) is also engaged in a commercial whale watching operation; or (b) deviates off course to engage in recreational viewing of marine mammals.