Whale watching in Kaikoura, New Zealand

I. Identification

1. The Issue:

Where whale watching is taking place

Figure 1: World map of whale watching. Whale-Watching-Web Retrieved March 18, 2005, from http://www.physics.helsinki.fi/whale/
In 1955, the first commercial whale-watching project took place on the southern California coast and today; it is one of the most rapidly expanding tourism products worldwide. By 2001, whale watching was carried out in 495 communities in 87 countries and overseas territories, plus Antarctica. The industry generated more than US$ 1 billion, and attracted at least 9 million participants a year. Moreover, the number of whale watchers is increasing at 12% a year, three times faster than overall tourism numbers (Hoyt, 2001). Thousands of tourists are willing to pay for watching cetaceans, such as whales and dolphins, from boats, aircrafts and land. All the large whale species, dolphins and porpoises can be seen regularly on a wide range of tours, lasting from an hour to two weeks. Whale watching gives pleasure to the tourists, brings money into local economies, provides important scientific data, educates the public about conservation and is a viable alternative to whaling. The economic benefits occur in areas where whale watching has quickly become a significant aspect of a local tourism economy. In order to sustain the benefit of whale watching, it is crucial to have complete policy and careful implementation. However, to date, there is no international regulation of whale watching. Most countries follow regulations, which set up by government, non-government organizations or self-regulated code of conduct. Yet, in some countries, the regulations are not adequately enforced, or no means of enforcing existing ones; therefore, the code of conduct can only rely on the peer pressures or goodwill of participating operators and passengers.
This case study discusses the impact of whale watching in Kaikoura, and the primary policy on conservation of whales and the problems Kaikoura faces. Kaikoura, the most popular whale-watching destination in New Zealand, is a successful case of sustainability of whale watching. The industry makes a great contribution to both economic and cultural aspects; it generates substantial income for local community and it is also an approach to preserve local Maori spiritual symbol – whales.
The outstanding outcome results from the appropriate policy, implementation plan and awareness of local community. However, due to the growth of visitors, limited operation permit is the major problem in Kaikoura, and Maori and non-Maori people involved in the issue deeply.

2. Description:

is located on the east coast of South Island New Zealand, covering an area of 2,048 square kilometers with a population of 3,483 (2001 census), which makes Kaikoura the smallest territorial local authority on mainland New Zealand. However, it is estimated that 1.6 million visitors visited Kaikoura in 2004. There are significant economic benefits as a result of the great number of visitors, while at the same time there is considerable pressure on Kaikoura social and natural environment. >

Ideal Location for Whale watching:

Because a cold, north-moving coastal current is met by a warm offshore southward-moving current and a steady upwelling, Kaikoura provides abundant food supply for marine animals. In particular, “deep underwater canyons with depths of 870 and 1600 m occur fairly close to the shore and they contain many of the deepwater fish and squid species favored by sperm whales” (Curtin, 2003).

Maori People and the establishment of whale watching From “Kaikoura - rich in natural & cultural history”: The Maori are a Polynesian people who inhabit many areas of the South Pacific. Maori oral history tells of how the legendary figure Kupe discovered Aotearoa - The Land of The Long White Cloud (New Zealand). Maori history also records the arrival of a great fleet of migrating people in AD 1350. (http://www.maoritours.co.nz/main/Kaikoura/). Maori have settled in Kaikoura 800 to 900 years ago and developed their distinctive culture to adapt themselves to the environment. They earned their living from agriculture, hunting and fishing. In 1980s, Kaikoura was in economic recession, which particularly affected the indigenous Maori community. At that time, many residents showed interested in developing tourism. In 1988, commercial whale watching began by an American researcher and a local fisherman, who established the company NatureWatch. It provided a range of products from a two-hour round-trip to a 3 to 10 days package. The next year, Maori entrepreneurs also recognized the potential of whale watching and began the business in Kaikoura tours, and provided employment opportunities for local Maori. IN 1991, NatureWatch was bought by Kaikoura tours to create the WhaleWatch® Kaikoura Ltd., which has a monopoly on whale watching boat-tour in the area.

3. Related Cases:

Whale and Dolphin Conservation Society: http://www.wdcs.org/dan/publishing.nsf/allweb/B5057A5F83AAF05C802568DB002E1FFF.
Kaikoura Information & Tourism Inc: http://www.kaikoura.co.nz/
World Widelife Fund: http://www.ngo.grida.no/wwfap/whalewatching/index.shtml

4. Author and Date:

Hui-Hsuan Yeh Spring 2005. Master of Tourism Administration Candidate Department of Tourism and Hospitality Management George Washington University

II. Policy Impacts

5. Social:

Because local Maori plays a leading role in commercial whale watching, it is no longer a powerless and low income socio-economic group but has become a primary employer sector and a strong economic force in the community. According to a report, 70% of the Maori population in Kaikoura have been, or are, involved in tourism (Simmons and Fairweather, 1998). Moreover, the whale watching at Kaikoura is not just a successful business; the Maori are re-interpreting a culturally significant animal and have seen what amounts to a cultural revival (IFAW 1999).

6. Environmental:

Around New Zealand, all marine mammals are fully protected under the Marine Mammals Protection Act 1978. The Department of Conservation, the government agency, executes this Act and has responsibility for marine mammal welfare in New Zealand. In the initial stage of whale watching in New Zealand, it was realized that regular and repeated approaches to whales and dolphins could have a harmful impact on them. In 1990, regulations were introduced specifically for the control and management of marine mammal watching. These were reviewed in 1992. Unlike some other resource management agencies that can have conflicting responsibilities between promotions of whale watching and conservation, the Department of Conservation is not required to balance commercial development against the protection of marine mammals. The Marine Mammals Protection Act and its related regulations are particularly for the protection of marine mammals.

7. Economic:


Figure 2: Visitors to Kaikoura (Source: Curtin, S., (2003). P.182)

 

Figure 3: Comparison- Kaikoura 1987 to 2002- Source: Kaikoura Information & Tourism Incorporated, Kaikoura District Council, Statistic New Zealand


- With the launch of whale watching activities came tourists, and the numbers of tourist was increasing in quite a dramatic fashion. People visiting the Kaikoura Information Center for example, have increased from 3,409 in 1986 to 200,042 in 2003, a 5,768% increase in visits over this time. (Green Globe, n.d.)
- Employment in leisure and tourism sector increased by 400% between 1986 and 1999 (Butcher,1998).
- Horn (1998) reported that one quarter of all jobs in Kaikoura were related directly to tourism and indirectly created a further 0.2 jobs in other sectors.
- Between the late 1980s and 1998, more than 100 new businesses were started in Kaikoura, including five new motels, at least six restaurants, and several souvenir shops – most of which would not exist without whale watching. (Hoyt, 2001)
- Following the success of Whale Watch, other tourism operators such as Dolphin Encounter and Wings Over Whales were established, responding to the increased tourist demand. (Green Globe, n.d.)

8. Other:

In New Zealand, mortality in gillnets (and to a lesser extent trawling) is a serious problem and is threatening several Hector’s dolphin populations.
Currently, the research conducted by New Zealand Whale and Dolphin Trust Dolphin showed that bycatch in gillnets was unsustainable, and led to the creation of the Banks Peninsula Marine Mammal Sanctuary. Later research has shown that substantial numbers of dolphins are still caught immediately north, south and offshore of the sanctuary.

9. Suggested Interventions:

In New Zealand, Whale watching industry influence local community greatly on social, environmental, and economic. It not only boosts economic development, but also encourages employment, especially for local Maori.

Therefore, either government or residents are eager for sustainable environment to maintain this outstanding success in commercial whale watching. They set up related policies to regulate and monitor whole aspect of whale watching operators, and also dedicate to conducting in-depth research for gaining more knowledge of the impact of the marine mammals and inspecting the outcomes of regulations.

III. Legal Clusters

10. Discourse and Status/Policy Issue:

The most severe situation need to be solved in this case is the issue of permits. The New Zealand Department of Conservation (DoC) has power to issue the permits and enforce the regulations, and it has placed a 10-year moratorium on whale watching permits. “Clearly, it is less problematic for them to refuse permission to new operators than to have to later reduce or regulate long-standing operators” (Curtin, 2003).

However, because of the growing demand of whale watchers, DoC is under pressure from potential operators for issuing more permits. Some people resent and are jealous of the successful Maori-run business and undermine the WhaleWatch’s boats and equipment.

11. Forum and Scope/Existing Policy Framework:

International:
There is no international policy of whale watching, but some major whale watching countries have discussed this issue and are trying to cooperate with each other in order to develop appropriate regulations.

In 2004, the first International Whale Watching Workshop supported by the International Whaling Commission (IWC) took place in Cape Town, South Africa, gathering scientists and managers from 15 countries, including Australia, Brazil, New Zealand, South Africa, and the United States…etc.

The goal of the workshop was to form international scientific advisory frameworks for the proper management of whale watching globally. Participants included marine resource and conservation managers from both governmental and non-governmental organizations and associations.

They reviewed the scientific basis for management of whale watching and tried to harmonize various regimes. For example, the United States wanted whale watchers to stay at least 30 meters away from the marine mammals, while Australia and Brazil said their whale watchers should not approach closer than 100 meters to any whales. It took more than one week to discuss the policy and further management development and implementation frameworks.

Although the workshop did not reach the consensus of regimes, it provided participants a great opportunity to exchange the knowledge and experience of whale watching.

According to policies of primary organizations and government, there are certain fundamentals that should be included in every case.
1. Infrastructure and equipment of operators
-Covered area in case of bad weather
-Safety equipment and provisions, including good quality lifejackets, flares, inflatable life boat, food and water reserves
-Experienced stuffs, including skipper, crew who are well –trained in first aid and rescue skills
- Insurance
2. When activities are taking place
2.1 Whale/dolphin watching by boat, aircraft or from land
- Distance from boat/plane to whales, including no chasing, no scatter or separate cetaceans.
-Duration of trip
- Number of permitted boat/plane
- Noise and pollution, including type of boat/aircraft, type of engine for power boats
- Maintain a steady direction and speed
-Capacity of visitors, including maximal number of passengers per boat, numbers of departure daily.

National:
In New Zealand, all marine mammals are protected under the Marine Mammals Protection Act. It was passed in 1978 and was amended in 1992 adding regulations specifically for the control and management of marine mammal watching, such as vessel type, experience of skipper, and criteria for issuing permit.

Regional:
“Kaikoura District Council is guided by the principles of Agenda 21 to sustain the social, economic, and environmental well being of the community now and for future generations. The policy if further supported by an environmental and social sustainability planning system and the Kaikoura Tourism Strategy, which outlines specific actions for achieving our objectives. Kaikoura District Council undertakes to review this policy annually and to make the policy available to and communicate it with all stakeholders, members of the general public, employees, customers and suppliers of goods and services of the Council.” (Green Globe, n.d.)

Local:
Residents and tour-operators follow the policies. They carefully abide by the policies and also have right to attend public meetings regard local issues.

12. Decision Breadth/Stakeholders/Policy Actors:

New Zealand Department of Conservation (DoC), Kaikoura District Council, Non-Government Organization, local Maori communities, tour operators, domestic and international tourists.

13. Legal Standing/Legal Regulatory Framework/Suggested Policy Intervention:

There are diverse government levels involved in establishing policies of associated sectors in whale watching industry. In New Zealand the federal government all the way down to the local authorities, each one is in control of different segments but cooperate with each other. For example, the New Zealand Department of Conservation (DoC) administers the fundamental but essential environmental policies, and local government, Kaikoura District Council takes charge of implementation and review policies with stakeholders regularly.

Regarding to the issue of permits. The government agency should cooperate with research organizations, universities and scientific committee to examine the accumulated impact of whale watching on cetaceans. Before issuing more permits, it is essential to determine the carrying capacity based on sufficient scientific research.

Setting up the international workshop of whale watching regularly can provide a great opportunity to exchange knowledge and experience between researchers, operators and government agencies. It is also reinforce the collaboration of countries to establish international policy of whale watching.

IV. Trade Clusters

14. Type of Measure:

Marine environment reservation and conservation, including setting up the whale sanctuary, and regulatory bans on bycatch in gillnets.

Collection of evidence of physical injury or disease that could have resulted from exposure of whale watching activities, and take the result as the basis to determine if current number of permits can be increased.

15. Relation of Trade Measure to Environmental/Tourism Impact :

a. Directly Related to Product: Yes.
- The revenue generated directly from the tourists that spend on whale watching activities, such as tickets, will benefits the communities and operators.
- Encourage everyone to preserve the marine mammals and support boycott of whaling.
- Visitor Management.
- Insurance for both passengers and on-board stuffs.

b. Indirectly Related to Product: Yes.
What about whale habitat management?
- The indirect sectors which also received benefits from whale-watching activities, such as souvenir shop, restaurants, and hotels.
- Whale habitat management.

c. Not Related to Product: No
- Pollution because of increasing number of visitors. Such as air quality, water pollution and solid waste reduction.
-Water consumption of Kaikoura, including use of visitors and residents.
- Roads and amenities are overcrowded.

d. Related to Process:
- Improvement of infrastructure as well as service. For example, rebuilding new train station to provide more convenient and better gateway for visitors.
- Education and interpretation. At Kaikoura, greatly reduced rates are offered to school and community groups to participate in marine nature tours; in effect, the operators are providing a subsidy for education – a community benefit from whale watching. (Hoyt, 2001)
- Tourism and environmental policies.

16. Trade Product Identification/Trade and Services:

Marine mammals-based tourism.

17. Economic Data

Figure 4: Total Expenditure from Whale Watching in 1998 (USD in million); Source: Hoyt, E. (2001). Whale Watching 2001: Worldwide tourism numbers, expenditures, and expanding socioeconomic benefits.

18. Impact of Trade Restriction:

Restrict whale watching permits may cause serious conflicts between Maori and non-Maori and divides the community in a potentially unsustainable way. In order to diminish the pressure of the restriction, government should help local communities, both Maori and non-Maori, develop diversity activities, such as culture trip, hiking or whale watching from land instead of vessels. Therefore, visitors have more recreational options and result in reducing impact on sole resource – marine ecology.

19. Industry Sector:

Tourism: marine mammals watching

20. Exporters and Importers:

-Exporters: International visitors buy gifts from souvenir shop, or handiwork by local Maori
- Importers: Restaurants or tour-agents import goods or merchandise to support the business, such as furniture, food, or appliance; however, the related information has not been found so far.

V. Macro/Environment Clusters/Tourism Policy Clusters

21. Environmental Problem Type/ Environmental Aspects:

Developing wildlife based tourism industry mainly depends on the resource sustainability. In whale watching industry resource depletion of marine mammals has a potential negative impact on tourism in general and more specifically diminishing economic benefits to Maori communities who depend on the resource. Therefore, codes of conduct for encountering marine-mammals become important to ensure their wildlife sustainability.

22. Resource Impact and Effect:

There is no denying that whale watching have greatly impact on the cetaceans being watched, including the ability to feed, rest, and rear their young. The report conducted boat-based trip for bottlenose dolphins, in New Zealand, was to determine the effect of boats on dolphin behavior, and the result showed that behavior differed by boat number, in particular, resting behavior decreased as boat number increased (Constantine, Brunton and Dennis, 2003). Also, if the area is overcrowded with boats or tour boats approach their targets so closely that they cause whales physical injury.

Another important benefit of whale watching is because it is the alternative of whaling. First of all, the use of marine wildlife as a tourism resource is that it can earn from those species without having to kill them. The report (Wildlife Tracks, 2004) indicated that the consumptive use of cetaceans (i.e., commercial whaling) in Norway is estimated to be worth just over $ 6 million per year (Toolis, K. 2001), half of the value of whale watching in Iceland, a tiny country with fewer than 300,000 in habitants.

Moreover, for example, interviews of whale-watching tourists in Scotland revealed that 79% would boycott a country that conducted hunts on whales and dolphins, and a further 12.4% stated that, although they might visit a country that hunt whales, they would not partake in a whale-watching trip in that country (Wildlife Track, 2004).

As well as in Iceland, the Iceland Tourist Industry Association, whose members represent about 80% of Iceland’s turnover from tourism, agrees that whaling is bad for business. They have issued a statement saying that: “Whale watching has become one of the most popular tourist activities in Iceland, providing considerable income for the economy, as well as crating a very positive image for Iceland” (WWF, 2003).

Because of the substantial amount of income from whale watching, a boycott by tourists can protest the consumptive use of whales and dolphins, and also influence the government to cease hunting whales.

23. Urgency and Lifetime/Urgency and Policy Review:

As whale watching is a worldwide activity, the urgent issue is to set up the international policies for limiting and regulating tour-agents’ operation and ensure the safety of visitors as well. Therefore, to create a high quality of service and preserve the marine mammals at the same time is the key issue for policy makers to sustain the whale watching activities.

24. Substitutes/Alternative Policies:

It is fundamental to increase number of stakeholders and to reinforce the education of all stakeholders. At the same time, the tourist’s awareness is another key factor to ease the pressure of environment.

Government can play a leading role to educate and train local communities how to watch whales on the least intrusive ways and how local communities can benefit from it. Once the concept “mutual benefit of local economic and whales” accepted by not only tour operators but also local residents, government can execute both implementation plan and monitoring system easier.

VI. Other Factors

25. Culture:

Whales had always been an intimate part of the relationship between Kaikoura Ngai Tahu, an indigenous people of New Zealand, and the sea. The older Ngai Tahu realized whales held the answer to solving the problems of the Maori community. The ancestor, Paikea, had come to these shores on the back of the whale Tohora, and it would only be appropriate for his descendants to ride again on the back of the whale to a new life. (Source from our Maori Heritage: http://www.whalewatch.co.nz/ourmaori.htm)

In Kaikoura, tour operator, Whale Watch Kaikoura, has three principles – everything must be culturally acceptable, it must be economically viable and thirdly, it must be environmentally sensitive, it cannot deny future generations. (Whale Watch News, 1997)

In particular, whales have intensive relationship with myths, legends and history of local Maori. To provide the healthy environment for whales is also to preserve their own culture for next generation.

26. Trans-Boundary Issues:

Given the migratory nature of marine mammals, all international ocean boundaries between New Zealand and neighboring countries must be considered. There is a successful case in the San Juan Islands, more than 500 thousand people go whale watching on commercial whale watch vessels in the trans-boundary waters of Washington, U.S and British Columbia, Canada.

The partnership was set up between these two government and the operators. A set of guidelines were created in conjunction with the U.S. and Canadian federal governments and the international Whale Watch Operators Association Northwest (WWOANW) to assist commercial boat operators in viewing marine wildlife with minimal impact to the animals. The guidelines include guiding/naturalist services, operation of vessels around whales, research and education, and hydrophone etiquette, etc

27. Rights:

Maori vs. non-Maori:

Dispute on the Regulation:
Currently, WhaleWatch Kaikoura Ltd is the only permitted boat-based company in Kaikoura. It has been criticized as being unfair. Orams (2002) pointed out that the historical and cultural foundations of this monopoly over the Kaikoura whales are not only the environmental concerns but also due to racial and cultural issues.

In 1840, the European colonists and the indigenous Maori ended their conflict by signing the Treaty of Waitangi. “The Treaty promised Maori certain rights and privileges such as the “full exclusive, undisturbed possession of their land, forests and fisheries”. This also implied the right to have control, sovereignty and guardianship over their treasures. Treasures include their natural, cultural and spiritual resources.” (Curtin, 2003)

Therefore, Maori believed they are protected under the Treaty of Waitangi, and sought to restrict of new permits for whale watching – an issue which was taken to the Court of Appeal in New Zealand in 1994 where their contention was supported in the name of ‘active protection of Maori interests.’ (Orams, 2002).

As a result, the Court decreed that the DoC needed to take this issue into account when administering new permits. This has also been a major influence in the non-issue of additional permits that has given rise to local protesters who see the situation as unfair on racial and cultural grounds (Curtin, 2003).

Education and training:
Education is vital element to future expansion of whale watching. It is necessary to educate not only tour operators, such as first aid training, experienced skipper’s, knowledge of whales, but also tourists. Therefore, participants can know more about habitual behavior of marine mammals and respect for the natural resources, which is one of the important advantages of whale watching activities.

28. Relevant Literature

Baxter, A.S. & Donoghue, M. (n.d.). Management of Cetacean Watching in New Zealand. Retrieved March 26, 2005, from http://www.physics.helsinki.fi/whale/newzeala/
manage/manage.html

Butcher, G., Fairweather, J.R. & Simmons, D.G. (1998). The Economic Impact of Tourism on Kaikoura. Kaikoura Case Study, 8. Tourism Recreation Research and Education Center, Lincoln University, New Zealand.

Curtin, S., (2003). Whale-Watching in Kaikoura: Sustainable Destination Development? Journal of Ecotourism, 2(3), 173-195.

Green Globe (n.d.). Kaikoura’s Path to a Sustainable Future. Retrieved April 10, 2005, from http://www.greenglobe21.com/Documents/General/
Green%20Globe%2021%20Kaikouras
%20Path%20to%20a%20Sustainable%20Future.pdf

Horn, C., Simmons, D.G. & Fairweather, J.R. (1998). Evaluation and change in Kaikoura: Responses to tourism development. Kaikoura Case Study, 6. Tourism Recreation Research and Education Center, Lincole University, New Zealand.

Hoyt, E., (2001). Whale Watching 2001: Worldwide tourism numbers, expenditures, and expanding socioeconomic benefits. Yarmouth Port, MA, USA: International Fund for Animal Welfare.

IFAW (1999). Report of the Workshop on the Socioeconomic Aspects of Whale Watching. Kaikoura, New Zealand. 88.

New Zealand Whale and Dolphin Watch Trust. Retrieved April 10, 2005 from http://nzwhaledolphintrust.tripod.com/home/index.html

Oram, M.B. (2002). Marine ecotourism as a potential agent for sustainable development in Kaikoura, New Zealand. International Journal of Sustainable Development, 5(3), 338-352
Whale Watch® Kaikoura Ltd. (1999). Our Maori Heritage. Retrieved March 26, 2005, from http://www.whalewatch.co.nz/ourmaori.htm

Whale-Watching-Web. (n.d.) Retrieved March 18, 2005, from http://www.physics.helsinki.fi/whale/

Whale Watch® Kaikoura Ltd. (1999). Our Maori Heritage. Retrieved March 26, 2005, from http://www.whalewatch.co.nz/ourmaori.htm.

The Whale Museum.(n.d.) Whale Watching in the San Juan Islands . Retrieved from April 23, 2005, from http://www.whale-museum.org/education/library/whalewatch/watchmain.html.

Whale Watch News (1997). Retrieved April 10, 2005 from http://www.whalewatch.co.nz/whale.htm

VII. Conclusion

29. Policy Implications:

  • Sustainability of major tourism sector in Kaikoura.
  • Conservation and preservation of marine environment.
  • The right of using natural resources: Maori vs. Non-Maori people.
  • Establish special zoning districts, such as whale sanctuary, supported by careful controls, including use limitation and permit system.
  • Stakeholders’ cooperation and collaboration to jointly develop, implement, and evaluate the existing policy.
  • Education and research on accumulate impact of human recreational activities on cetaceans.
  • Financial support from both government and local communities for further research and education program

30. Recommendations:

In order to sustain the largest industry in Kaikoura – whale watching, it should not focus on conservation and preservation of whales, but also ensure the benefits turn to local communities and whales directly.

It is fundamental to increase number of stakeholders and to reinforce the education of all stakeholders. At the same time, the tourist’s awareness is another key factor to ease the pressure of environment.

Government can play a leading role to educate and train local communities how to watch whales on the least intrusive ways and how local communities can benefit from it. Once the concept “mutual benefit of local economic and whales” accepted by not only tour operators but also local residents, government can execute both implementation plan and monitoring system easier.

The government agency should cooperate with research organizations, universities and scientific committee to examine the accumulated impact of whale watching on cetaceans. In addition, tour operators should support local whale research by providing regularly written records of sighting information. The reports is a tool for company owners and operators to improve or maintain best practices as well as the best data supporting the research of human impact on whale behavior. Also, it can be used to evaluate the effectiveness of existing guidelines and to provide a basis for the development of new guidelines, such as the core issue in Kaikoura, issuing more permits or not.

Additionally, in order to diminish the pressure of the restriction, government should help local communities, both Maori and non-Maori, develop diversity activities, such as culture trip, hiking or whale watching from land instead of vessels. Therefore, visitors have more recreational options and result in reducing impact on sole resource – marine ecology.