| (1) | A ship-to-ship transfer operator must appoint any person, in writing, to keep a constant watch for marine mammals and penguins for a period of thirty minutes prior to the intended commencement of ship-to-ship transfer and during ship-to-ship transfer . |
| (2) | A ship-to-ship transfer operator must, prior to commencing ship-to-ship transfer, install an active hydrophone system with live streaming capabilities capable of detecting the presence of marine mammals and penguins within 500 meters of the operation. |
| (3) | The hydrophone must be deployed into the water from the ship-to-ship transfer tanker 30 minutes prior to the intended commencement of, and during, ship-to-ship transfer operations. |
| (4) | A ship-to-ship transfer operator may not commence with ship-to-ship transfer if a marine mammal or penguin is sighted within 500 meters of the intended ship-to-ship transfer site or detected through a hydrophone within 500 meters. |
| (5) | The ship-to-ship transfer operator must, in writing, report any sightings or hydrophone detection of a marine mammal or penguin during ship-to-ship transfer to the Department on a monthly basis. |
| (6) | A ship-to-ship transfer operator must immediately report the following to the Department through the most effective means reasonably available: |
| (a) | any injured or deceased marine mammal, turtle or seabird and the extent of any injury to the animal as well as the cause of the injury or death if known; |
| (b) | any entangled, oiled or disorientated marine mammal, turtle or seabird; and |
| (c) | whether an animal in paragraphs (a) or (b) is tagged including the tag details, where available. |
| (7) | A ship-to-ship transfer operator must— |
| (a) | at its expense, collect and transport oiled wildlife to a facility which is authorised to accept the wildlife; or |
| (b) | contact an authorised wildlife facility to collect and transport oiled wildlife at the expense of the operator, |
if the Minister instructs the operator to do so.
