Outcome of dusky dolphin tourism review, Kaikoura

The Department of Conservation undertook a review of dusky dolphin tourism at Kaikoura over July-November 2009. This synopsis summarises the review and its outcomes, in particular the Director-General's decisions about whether or not new permits should be considered and his preliminary decisions to amend existing dolphin watching permits at Kaikoura.

A three year investigation into the impact of dolphin watching on dusky dolphins at Kaikoura (Markowitz et al 2009¹) was completed in June 2009 and formed the scientific basis of the review. An independent scientific peer review of the research confirmed the veracity of the research.

Dusky dolphins

In brief, the research focussed on changes to dusky dolphin behaviour in the presence or absence of dolphin watching vessels and aircraft; the investigation of wider population level effects was beyond the scope of the study.

The study identified several statistically significant changes to dusky dolphin behaviour due to marine mammal watching: e.g. increased activity and travelling; reduced social behaviour; reduced resting; increased milling; tightening of groups; increased changes in behaviour; and changes in direction of travel.

Public consultation on the research findings and recommendations was undertaken over July and August 2009. Fifteen public submissions were received which provided valuable input to the review process.

The research report made twelve recommendations regarding the future management of dusky dolphin watching at Kaikoura. These and the fifteen public submissions are discussed in full in the Department's report on the review.

Key conclusions from the review

1. New permits

   The researchers described the observed behavioural effects to be mostly "short- term" behavioural responses which they believed were unlikely to affect the health or well-being of the wider dusky dolphin population.
   
   There are several attributes which should make the Kaikoura dusky dolphin population reasonably resilient to tourism pressure: the large widely spread population; large pods (where dolphins are able to choose to stay with the boats/swimmers or move on with the rest of their pod); seasonal migrations; and night time feeding.
   
   Nevertheless, these behavioural changes do show that existing dolphin watching is altering dusky dolphin behaviour, changes which can have flow-on effects for animal welfare (e.g. reduced resting, greater energy use, reduced social behaviour, etc).
   
   Thus, while there are no "alarm bells" such as large scale displacement and aversion, the Department is of the view that there are numerous "warning signs" (i.e. changes to key behavioural states during and after vessel interactions) that dusky dolphin tourism is at or approaching its sustainable maximum.
   
   Further dolphin watching boat permits (or an increase in the number of trips by existing operators, including "splitting" of existing permits) would add to the existing high level of visits and lead to even greater behavioural effects than those already occurring. The review concluded that no new boat-based permits should be granted at Kaikoura for a defined period.
   
   As aircraft had no discernible effects on dusky dolphin behaviour, it was concluded that new permits for aircraft viewing of dusky dolphins could be considered. It was also concluded that kayaks pose less of a concern than powered vessels and some kayaking based from shore at Kaikoura Peninsula could be considered.

2. Mid-day "rest period"

   The mid-day "rest period" (where commercial vessels voluntarily agreed not to interact with the dolphins from 11:30 - 3:30; December - March) is inconsistently adhered to and needs to be strengthened and extended to include October and November.

3. A maximum number of swimmers for any combination of one, two or three boats

   The Department does not consider a maximum amount of swimmers spread flexibly across different vessels and operators (as was recommended by the researchers) to be practicable. Rather, a fixed total number of swimmers per vessel is preferred as this provides certainty and is enforceable. An increase in the number of swimmers per vessel from 13 to 18 is unlikely to adversely affect the dolphins and should indirectly lead to an overall reduction in vessel visits.

4. Limiting the number of vessel approaches by dolphin swim tours per trip

   The research demonstrated that dolphin swim tours have a greater effect on dolphin behaviour after the first four vessel approaches. Considering also the practical limitations of applying a combined boat limit to the number of vessel approaches (as was recommended by the researchers), the Department concluded an individual boat limit of four swim attempts per vessel per trip should be applied.

5. Tours south of the Conway River

   Whale Watch Kaikoura is permitted to operate its four vessels south of the Conway River. One of Encounter Kaikoura's three vessels is also allowed to conduct dolphin viewing in this southern zone. It is considered that allowing Encounter Kaikoura to operate its remaining two vessels south of the Conway River would have no more than a minor effect on the welfare of the dusky dolphin population at Kaikoura.

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6. Swimmers being dropped ahead of approaching dolphins

   The method of dropping swimmers in front of an approaching pod of dolphins causes greater disturbance than approaches from the rear and side. The Department considers permits should be amended to specifically prohibit this method of encounter.

7. Other matters

Dolphin encounter vessel

The research report and the various submissions received also made recommendations about a range of other matters; e.g. greater education and training, defining a nursery pod, enticement of dolphins, the "three vessel rule," and vessel propulsion. These are discussed in the Department's full report.

Some of the suggestions made by the researchers and submitters would require changes to the Marine Mammals Protection Regulations 1992 which apply nationally across all marine mammal species and are therefore beyond the scope of the current Kaikoura-based review of dusky dolphin viewing.

Decisions

Based on the review report, the Director-General of Conservation has declared, pursuant to regulation 15 of the Marine Mammals Protection Regulations 1992, that no new permits be granted for dusky dolphin viewing off the Kaikoura coast for a period of five years, with the following exceptions:

• Kayaks launched from shore at Kaikoura Peninsula;
• Aircraft; and
• Encounter Kaikoura extending its area of operation to include between the Conway and Waiau Rivers for its two vessels that are currently not permitted to do so.

The Director-General has also formed a preliminary view to amend existing dusky dolphin watching permits at Kaikoura to:

• Increase the number of swimmers from a maximum of 13 swimmers per vessel to 18 swimmers per vessel;
• Limit the number of swim attempts per trip to a maximum of four;
• Extend the 11:30-13:30 rest period (currently from December to March) to include October and November each year and make it a mandatory condition of all boat-based permits.
• Prohibit boats dropping swimmers off in the front of approaching dolphin pods.

Existing permit holders have the opportunity to provide further comment on these preliminary views before decisions are made on them.

In addition to these measures, Nelson/Marlborough Conservancy intends to consult further with commercial operators at Kaikoura regarding:

• Interactions with and defining nursery pods;
• Skipper training; and
• Boat handling around dolphins.

Conclusion

The decisions outlined above are considered a balanced set of measures aimed at protecting the welfare of the dusky dolphins on which the Kaikoura dolphin watching industry relies.

The new declaration notice ("moratorium") will cap boat-based dolphin watching effort largely at currently permitted levels. Tighter controls are proposed for certain key factors (the mid-day rest period, number of swimming attempts, swimmer placement), thus providing greater protection for the dolphins.

Allowing swimmer numbers per vessel to rise from 13 to 18 swimmers, while providing permittees with greater operational flexibility, should result in a net overall benefit for the dolphins.

Allowing Encounter Kaikoura to extend its area of operation south of the Conway River (for its two vessels that are currently not permitted to do so) will also provide greater flexibility, and should have no more than a minor effect on the welfare of the dolphins.

The rationale behind these decisions is outlined in full in the Department's 59 page report (plus appendices). If you would like to receive a copy of the full report, please contact Bev Freer at the Nelson/Marlborough Conservancy office (phone +64 3 546 9335; or email bfreer@doc.govt.nz).

¹ Markowitz, T., Du Fresne, S. and Würsig, B. (Eds) 2009. Tourism effects on dusky dolphins at Kaikoura, New Zealand. Report submitted to the New Zealand Department of Conservation. 30 June 2009. 93pp.

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