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Another Summer Of False Protection

by Jim Curtis (1999)

(PLEASE NOTE: Since the writing of this article in 1999, the Victorian Department of Sustainability and Environment has introduced limits on the number of dolphin swim tour licenses, as well as other amendments that have contributed to the development of one of the most advanced systems of dolphin tourism regulation in Australia)

Few people would dispute the claim that dolphins are the world's most popular, symbolic and recognisable creatures. Their universal appeal is hard to ignore given that they have become attractive marketing tools to sell a range of consumer products, advertisements for 'new age' and alternative lifestyles, emblems of environmental protection and fashionable images for decorating school classrooms, household bedrooms and company walls. It would therefore be easy to assume that we as a society would do everything in our power to ensure the protection of these majestic mammals because of our numerous dolphin 'fetishes'. But sadly, this is not the case, and there are countless examples throughout the world illustrating our poor attitude towards dolphin protection. One of these examples is provided by Victoria's own dolphin-based tourism industry in Port Phillip Bay.

In January 1996, The Age printed an article entitled 'Harassment will force dolphins from Bay: Experts'. A similar article, 'Call for tough line on dolphin distress', appeared about twelve months later. Such features have almost become annual events within Melbourne's print media during recent summers. But instead of being familiar 'fluff' pieces which readers have invariably become accustomed to in relation to the topic of dolphins, these articles described how the Bay's resident population of bottlenose dolphins is subject to appalling instances of harassment, and highlighted the obvious lack of proper regulation and enforcement. These problems have plagued the dolphin-based tourism industry in Port Phillip Bay for many years and are likely to continue unless significant changes are made to the regulatory process. Some of the local tour operators have been actively involved in trying to get the Victorian State Government to implement these changes in recognition that their future livelihood depends on the dolphins' long-term protection. But they have so far had limited success, and this begs the question why the government is so reluctant to provide appropriate and responsible protection for the Bay's dolphin population.

In October 1998, the Department of Natural Resources and Environment released a Regulatory Impact Statement (RIS) in relation to the proposed, and recently declared, Wildlife (Whales) Regulations 1998. The purpose of the document was to outline the objectives and impacts of the regulations, and invite the public to comment on them. Given that one of the objectives is to 'provide for the long-term protection of whales and dolphins', the RIS claims that the 'benefit of the proposed regulations to the community is an ecologically sustainable industry that does not affect the overall well-being of the Port Phillip Bay dolphins'. But there is one essential ingredient missing from the regulations that will prevent this claim from coming to fruition. It relates to the fact that there is no limit on the number of people who can run dolphin tours. Operators can choose to either purchase a permit, which allows them to approach dolphins within a distance of 50 metres but are subject to additional conditions such as no more than 50 swimmers per day, or they can conduct their tours without a permit provided they do not approach dolphins any closer than 150 metres. Whether an operator owns a permit or not, the fact remains that there is no limit on either scenario. In the absence of such restrictions, how can an environmentally dependent tourism industry be described as 'ecologically sustainable' when we have no knowledge of the tolerance levels of dolphins to withstand the impacts of human activities?

Ecological sustainability embraces notions such as integrating economic and environmental goals, biodiversity conservation and intergenerational equity. Although it is undoubtedly a desirable, but often obscure, aspiration for the future, the concept of 'sustainability' has been criticised for being used as an argument to encourage rather than to limit growth. Such a criticism could justifiably be directed at the RIS. The idea of a limitless but sustainable environmental tourism industry is a dangerous contradiction that could have disastrous environmental repercussions. The RIS also fails to supply any evidence of the so-called 'ecological carrying capacity' of the Bay's dolphin population to suggest that they can tolerate an increase in the number of operators and remain a sustainable resource. Although this sort of evidence is unlikely to ever be produced, it does not excuse describing a poorly managed industry that relies on a fragile natural resource as sustainable. The RIS seems to naively believe that market forces can provide appropriate protection for the dolphins. But the ultimate cost of this belief is the sacrifice of any genuine intention of achieving sustainability. Although today's society is undoubtedly committed to competition as a means of aspiring to higher levels of economic growth, the quest to be competitive has all too often led to instances of irreversible environmental deterioration. Humans have no right to consider their own short-term economic aspirations as being more important to the long-term survival of an entire species or ecosystem.

Over the past ten years, one of the most popular catchphrases within the environmental movement has undoubtedly been ecological sustainability. However, its application to the dolphin-based tourism industry in Port Phillip Bay illustrates that it has gradually become more of a hindrance to the success of environmental protection campaigns. This is because idealistic reassurances of sustainability have tended to be used by governments as an alternative to more immediate and practical measures of protection. But given that we know relatively little about marine mammals and their levels of susceptibility to the impacts of human activities, it is essential that regulations are designed in a way so that they anticipate the potential repercussions of these impacts rather than creating a false sense of environmental security and knowledge. This is why the 'precautionary principle' has become an important tool in the area of resource management. It has taken over its predecessor's mantle as one of the most popular catchphrases within the environmental movement, and stipulates that if human activities pose a serious or irreversible threat of environmental damage, then a lack of conclusive evidence should not be used as an excuse to delay the implementation of appropriate preventative measures. The underlying foundations of the precautionary principle are therefore based more on the use of simple common sense. Although inadequate proof has often been used in the past to defend decisions not to embrace such measures, the precautionary principle turns this scenario around by focussing on the lack of evidence to argue and justify the need for preventative management regimes. For once, it is a case of giving the environment the benefit of the doubt by acknowledging the unknown risks and repercussions associated with the impacts of human activities.

Although the Victorian government is obliged to protect the Bay's dolphin population, it seems to be more concerned with protecting the potential economic rewards that may emerge from expanding the industry. The dolphins are therefore likely to become a hapless victim as part of the government's pursuit of the mass tourism dollar. Exploiting the dolphin's universal and valuable marketing appeal is obviously more important than providing them with appropriate protection. The use of a term such as 'sustainability' to describe the regulation of the dolphin-based tourism industry is therefore merely a distraction to help create a false image of environmental responsibility. But if the current short-sighted attitudes continue, the next headline to appear may well be 'Dolphins gone forever', and this will simultaneously be an economic and environmental disaster for the government, the industry and the community. It is an issue that requires the government to be precautious instead of presumptuous of the dolphin's continuing existence in Port Phillip Bay.



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