Regulations Governing

Silver Bank

Marine Mammal Sanctuary of the Dominican Republic

General Regulations

The Port Authority of the Dominican Republic may not grant dispatches to any vessel wishing to visit the Silver Bank Marine Mammal Sanctuary of the Dominican Republic (henceforth referred to as the Sanctuary) without a permit issued by the Undersecretariat for Protected Areas and Biodiversity of the Dominican Republic (henceforth referred to as the Undersecretariat). This entrance permit is independent of any safety or navigation documents required by the law of the Dominican Republic.

The Undersecretariat will issue a maximum of four commercial permits at any one time. To protect the whales and their environment the Undersecretariat reserves the right to limit the number of other vessels, eg research, educational, present at the same time in the Sanctuary.

All vessels must comply with the navigation, safety and security regulations of the laws of the Dominican Republic.

A representative of the Undersecretariat may request any vessel within the Sanctuary to present its permit.

All vessels and visitors must comply with the whale watching regulations. The Undersecretarait has the right to revoke any permit issued if a vessel or its passengers violate Sanctuary regulations.

It is forbidden to throw waste overboard, burn garbage or discharge pollutants.

The use of explosives or any electrical equipment in the water is prohibited.

Dredging or any other alteration to the seabed as well as any construction other than for navigation purposes is forbidden in the Sanctuary without special permission from the Undersecretariat.

The wrecked freighter Polyxeni must not be entered nor used for lodging, observation or storage of any waste or pollutants. Boarding the Polyxeni is prohibited without the approval of the representative of the Undersecretariat. All activities near the Polyxeni are potentially dangerous and are at express and full risk of the operator allowing such activities. The operator authorizing his passengers to approach the wreck is liable for any consequential damage to persons or property and for any rescue or salvage operations.

In the Sanctuary all (mother) vessels must remain permanently moored in the area designated for anchoring. If a permanent mooring is not available—coordinates available from the Undersecretariat—a mooring system must be installed. This mooring becomes the sole property of the Undersecretariat. Before any vessel installs a new permanent mooring it must seek authorisation from the Undersecretariat or its representative giving details of the intended coordinates. The respective vessel shall be liable for any damage caused to the seabed or coral heads by unauthorised or negligent anchoring or mooring. All lines, chains and holding equipment must be sunk and secured at the end of the season. A preliminary anchoring must be used in the designated area until the above-mentioned mooring system has been installed.

The maximum speed for (mother) vessels entering the Sanctuary and for tenders within the Sanctuary is 10 knots.

Mother vessels are permitted to have a maximum of two tenders to navigate in the Sanctuary. Tender captains who have been authorised by the Undersecretariat are permitted to take passengers in the Sanctuary. The maximum capacity of the tenders is twelve passengers. All tenders must utilize four-stroke engines and carry marine communication and safety equipment.

Approaching whales or conducting whale watching with vessels more than thirty feet long is prohibited.

Persons using sea kayaks, sailboards or any other flotation equipment must stay within the confines of the designated mooring area. Jet skis are prohibited.

Operators are fully responsible for the actions of their passengers or participants and must assure they abide by the rules and regulations of the Undersecretariat.

The operator or his representative must present a thorough orientation of the rules and regulations to the participants prior to any whale watching activity

The whale watching regulations must be prominently displayed where passengers have easy access.

Special Stipulations for Commercial/Professional Film Crews, Photographers and Writers etc

All cinematic, videographic, photographic or other media professionals intending to use the resources of the Sanctuary for purposes of commercial exploitation or profit must apply for and pay for a special permit from the Undersecretariat.

All such persons must comply with all applicable Sanctuary regulations and requirements and sign an agreement to this effect with the Undersecretariat.

All such persons must utilize an operator with a valid permit to operate in the Sanctuary. The respective operator is ultimately responsible for compliance with these stipulations

Whale Watching Regulations

All passengers or participants in whale watching activities in the Sanctuary must abide by these regulations and guidelines. Failure to do so may result in forfeiture of the right to continue aquatic activities associated with whale watching in the Sanctuary.

It is forbidden to capture, injure, kill or harass any marine mammal. Harassing is understood as any activity that affects the normal behavior of the mammals. It is assumed that an animal is being harassed when any sudden change in behavior or evasive behavior is observed—henceforth referred to as evasive behaviour—such as:

Radical changes in swimming direction

Radical changes in breathing pattern or rate

A mother consistently places herself between the tender and her calf.

Approach Guidelines for Tenders:

Excessive speed and sudden changes in velocity must be avoided.

Speed must be less than 3 knots when approaching stationary whales.

Tenders should move parallel to a whale or group of whales—henceforth referred to as a whale—and maintain the same speed and direction of travel.

Avoid approaching newborn calves (light gray in color with an extreme dorsal fold).

Avoid approaching a whale head on.

Avoid chasing or maneuvering a tender to cross the path of a whale or to curtail or dictate its movements.

A tender may stay with the same whale until such time as evasive behavior is observed.

If a tender leaves a whale because it is showing evasive behavior, the tender should inform any other tender(s) in the area which might wish to work the same whale that this whale should not be approached.

If a whale is moving towards another tender, communications should be made and the whale should be offered to the tender that is being approached by the whale.

Operators should not move or place their tender directly in front of another operator's tender with the intention of intercepting the whale they are working.

Generally not more than one tender should work a particular whale. Under special circumstances and after seeking the permission of the representative of the Undersecretariat two tenders may simultaneously work a whale. These tenders must remain bow to stern and at no time corral or herd the whales.

Avoid close proximity to rowdy groups or competitive groups.

Without the supervision of an authorised tender captain, persons using sea kayaks, sailboards or any other flotation equipment must not approach whales.

Guidelines for In-Water Activities

Soft in-water encounters are the only type of in-water activity permitted without special permission.

A soft in-water encounter is non-aggressive floating at the surface, in mask, fins and snorkel. All passengers from a tender undertaking a soft in-water encounter must remain in a group and always obey the instructions of the tender crew.

Soft-in-water encounters are permitted in the Sanctuary after participants have been given an orientation on procedures and after practicing a soft in-water encounter simulation.

Soft in-water encounters are not permitted close to any type of breaching activity, fin slapping, lob tailing, or in the presence of "rowdy" or competitive groups. If persons are already in the water when such circumstances arise, they must be directed to leave the water immediately.

Scuba or rebreather diving is not permitted anywhere in the Sanctuary without special permission.

Free-diving close to a whale or touching or attempting to touch a whale is not permitted.

Webmaster  David Buglass   Email