A tourism operator has been criticised for taking a boat into Bushrangers Bay Aquatic Reserve during a whale-watching adventure on the weekend, even though boating is allowed in the area.
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Shellharbour Wild operated the first ever whale watching cruise to leave from Shellharbour Marina on Saturday.
It is operated by Jervis Bay Wild, which runs cruises from Huskisson. A refurbished Rigid Inflatable Boats (RIBs) Adventure will be based at Shell Cove during the whale watching season.
"The place is protected so am unsure how they were permitted to enter or even dock there," they wrote.
According to the NSW Department of Primary Industries, Bushrangers Bay is an aquatic reserve and an important part of the NSW system of marine protected areas.
However, boating is a permitted activity.
"You can enjoy a range of marine activities, such as boating scuba diving, snorkeling and swimming in aquatic reserves," the department said.
Shellharbour Wild spokesman Sam Tooley said the boat had entered the bay, as was permitted by the NSW National Parks and Wildlife Service and other bodies.
"Any places that we go, we check with National Parks and Wildlife what the rules are. It's a beautiful spot, that person is absolutely right, but it is not closed to boats," he said.
"It's amazing and we are careful not to disturb any of the wildlife, or any of the people, who may be swimming there."
He said the maiden voyage was a big success.
"On Saturday we had whales. We had one breach and some tail-slapping," he said. We also got up to Five Islands and saw some seals as well.
"We got some other great wildlife but whales is what people were looking for as they migrate north heading up to Hervey Bay, and they were not disappointed."
Shellharbour Wild will run whale watching cruises until mid-November.
According to the Australian Government's Department of Agriculture, Water and the Environment, eastern humpback whales follow a migration pattern along Australia's eastern coastline each year between April and November.
Whales leave the Antarctic and head north to mate and give birth in the warmer sub-tropical waters off Australia's north-east coast from now until August, before making their way back to the Southern Ocean from September to November.
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