(1) This section applies if a dolphin moves towards a permitted boat and, as a result of the movement, the boat is—(a) within the no approach zone for the dolphin; or(b) within the caution zone for the dolphin.
(2) The person in control of the permitted boat must not, without a reasonable excuse—(a) change the direction of travel of the boat in a way that would disturb the dolphin; orExample of a way of changing direction not likely to disturb the dolphin—gradually changing the direction of travel of the boat to avoid making contact with the dolphin(b) change the speed of travel of the boat in a way that would disturb the dolphin.Penalty—Maximum penalty—(a) if the no approach zone or caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or(b) otherwise—120 penalty units.