Requirements and regulations for the whale watching activity
Currently, legislation related to the observation and protection of cetaceans is complicated due to the coexistence of European, national and regional regulations. Therefore, the analysis of this regulation can be approached from various perspectives, all of them valid. However, in this study we will focus first on European regulations, since they establish the foundations on which the more specific and detailed regulations in both Spain and Andalusia are subsequently based.
Directive 2008/56/ce of June 17, 2008
Community action framework for marine environment policy
We are faced with a framework directive that establishes the strategy to be followed in relation to the marine environment for the member countries of the European Union. Its scope of application covers European marine waters, including the Mediterranean Sea.
To understand what we mean when we talk about marine waters, we must refer to article 3.1, which states that it is "the waters, the seabed and the subsoil located beyond the baseline used to measure the width of territorial waters and which extend to the outer limit of the area in which a Member State has and/or exercises jurisdictional rights".
Regarding the objectives established in the directive, in summary, they focus on the protection of the marine environment and its ecosystems, as well as the recovery of those that have suffered damage. Biodiversity is also promoted and the reduction of polluting discharges into the sea is sought, with the goal of eliminating them completely when possible. In this way, the aim is not only to protect the flora and fauna of the environment, but also to safeguard human health and promote the sustainable use of marine resources. Finally, this directive has the instrumental objective of uniting agreements and legislative measures to achieve joint collaboration between the different Member States, in order to guarantee comprehensive protection of the environment.
State Laws
Law 42/2007 on Natural Heritage and Biodiversity
This law establishes the bases for the conservation, sustainable use, improvement and restoration of the natural heritage and biodiversity in Spain. It is relevant for any activity related to fauna, including whale watching.
Royal Decree 1727/2007 establishing
cetacean protection measures
Its objective is to protect cetaceans from alterations in their environment, such as tourist whale-watching activities. It is a royal decree with only 7 articles, 2 final provisions and 2 annexes, but despite its brevity it is very relevant in relation to the subject of study, given that in a concise and clear way it manages the way in which it is interact with these animals.
Law 41/2010 on Protection of the Marine Environment
In relation to this regulation, it is important to highlight that it presents significant similarities with the European Directive that it transposes. It is worth highlighting what is found in Title III, which refers to the creation of the Network of Marine Protected Areas of Spain.
This network is made up of various protected spaces located in the Spanish marine environment, which are home to a wide variety of species and habitats, constituting a valuable natural heritage. Included in this network are those areas that have been designated as Natural Reserves by the respective Autonomous Communities, in accordance with the provisions of Law 42/2007 on Natural Heritage and Biodiversity. The objectives of this Network, in short, are the protection, recovery and conservation of these areas and the biodiversity they house.
Within this Network are the Marine Protected Areas, the Special Conservation Areas (ZEC) and the Marine Reserves regulated by the State Maritime Fisheries Law.
Royal Decree 139/2011
This Royal Decree develops the List of Wild Species under Special Protection Regime and the Spanish Catalog of Endangered Species. Many cetaceans are included on these lists, and activities that may affect them are subject to specific regulations.
Local and regional regulations
Decree 366/2003
In addition to national regulations, there are regulations at the regional and local level that may affect whale watching. For example, in Andalusia, where Granada is located.
These laws and regulations cover a wide range of aspects, including:
The obligation to have administrative authorization to carry out the recreational activity of whale watching (article 3.4 of Law 41/2010, of December 29, on the protection of the marine environment establishes that whale watching is regulated in Royal Decree 1727/2007 , of December 21, which establishes protection measures for cetaceans).
The permits and licenses necessary to carry out whale watching activities.
The measures that must be taken to minimize the impact on cetaceans and their habitat.
Restrictions on when and where whale watching activities can take place.
Training and experience requirements for guides and boat operators.
Requirements for collecting and reporting data on whale watching activities.
It is essential that any company carrying out whale watching activities in Spain understands and complies with these regulations. Failure to comply can result in significant fines and revocation of permits and licenses.
Technical requirements for Vessels
Certificate of Seaworthiness: This certificate is a requirement for all vessels used for commercial activities, including whale watching. It certifies that the boat is safe and suitable for sailing.
Inspections: Vessels must undergo periodic inspections to ensure they continue to meet safety and seaworthiness requirements.
Safety Equipment: Vessels must be equipped with all required safety equipment, including life jackets for all passengers, lifebuoys, flares, fire extinguishers and first aid equipment.
Licenses and Permits : Specific licenses and permits may be required to operate a vessel for commercial purposes, including whale watching. These licenses can be issued by various authorities, including port authorities and environmental authorities.
Boat Pattern Regulations
Skipper's License: Anyone operating a vessel for commercial purposes must have an appropriate skipper's license. The type of license required depends on the size of the boat and the distance you are sailing from shore.
Training: Skippers must receive appropriate training in a number of areas, including safety at sea, navigation, meteorology and first aid. In addition, specific training may be required for activities such as whale watching.
Certificate of Physical Fitness: Skippers must have a certificate of physical fitness showing that they are physically fit to operate a vessel.
Radio Communications Certificate: Skippers must have a radio communications certificate, which demonstrates that they are qualified to operate the radio equipment on board the vessel.