Submit feedback to the Proposed Marine Mammal Regulations

The federal government is considering changes to distance regulations that would apply to boaters near endangered killer whales.

More than a decade of research shows Southern Resident killer whales are adversely affected by the physical presence and noise of vessels. Boats are especially disruptive when killer whales are trying to feed. Boats within 1 kilometre of foraging whales reduce their ability to successfully find and catch prey.

In an effort to reduce the harm from vessels, Washington State will implement a 1,000 yard vessel exclusion zone between boats and Southern Resident killer whales that will come into effect in January 2025. We are advocating that the Canadian federal government harmonise the measures between British Columbia and Washington State in the U.S.

Please take the time to provide the Department of Fisheries and Oceans with feedback. We’ve shared our feedback which you are welcome to use or adjust as you see fit. The survey should take around 15-20 minutes to complete.

Question 1 – Do you have comments or considerations regarding the proposal to amend the current approach distance (200 m) for Pacific killer whales? (Potential considerations may include: 1. Approach distance recommendations related to the distance (e.g., 200 m; 400 m; 1000 m; other) or where it applies (e.g., southern B.C. coastal waters and proposed boundaries, coast-wide, etc.) and supporting rationale. 2. Socio-economic impacts or benefits to yourself or your community, on-water safety or logistics, recommended specifications, etc. 3. Protection benefits for species.)

Suggested answer: 

• Expand the current distance to 1,000-metres for SRKWs. This would achieve parity with Washington State, which established a 1,000 yard vessel exclusion area around SRKWs, coming into effect in January 2025. It would also align more closely with the best available science. Research published since 2018 indicates the adverse effects of vessel noise and disturbance on Southern Resident killer whales at distances well beyond the 400-metres currently applied.

Question 2 – As part of the amendment process, the Government of Canada is seeking input on the use of the term ‘approach distances’ under the Marine Mammal Regulations. (E.g. are the terms clear, are some terms more effective than others, ‘approach’ distance vs ‘avoidance’ distance vs another alternative? Potential considerations may include: 1. Education, outreach, compliance impacts, socio-economic impacts or benefits to yourself or your community, on-water safety or logistics. 2. Protection benefits for species.)

Suggested answer: 

• The term ‘approach distance’ can be confusing, as it may suggest an invitation to see how close one can get to the whales. To better align with the intended purpose of keeping vessels away from whales, it would be more effective to use a term like ‘avoidance distance’ or ‘vessel exclusion.’ This terminology more clearly communicates the need to maintain a safe and respectful distance from marine mammals, thereby enhancing both education and compliance efforts, and ultimately providing better protection for the species.

Question 3 – Through the current Interim Order, Transport Canada prohibits vessels from positioning themselves in the path of a killer whale in southern B.C. coastal waters. Do you have comments or considerations regarding this prohibition? (Potential considerations may include: 1. Socio-economic impacts or benefits to yourself or your community, on-water safety or logistics, recommended specifications. 2. Protection benefits for species.)

Suggested answer: 

• We support these prohibitions. Positioning boats in the path of the whales, and ‘leap-frogging’ are behaviours frequently observed by trusted observers, such as the Southern Gulf Islands Whale Sightings Network. Prohibiting these actions can reduce noise and disturbance in the immediate vicinity of the whales (which can interfere with foraging and with group coordination), and likely reduce stress levels.

Question 4 – Transport Canada’s Interim Order allows the Minister of Transport to authorize whale watching and ecotourism companies to view non-Southern Resident Killer Whales at a distance of between 200 m and 400 m. These companies must apply for such an authorization and are subject to conditions – failure to comply may result in suspension or revocation of the authorization. These conditions require companies to not follow Southern Resident Killer Whales, and they must not offer, plan or promote excursions based on the viewing of Southern Residents.

As part of the transition to longer-term regulatory amendments to the Marine Mammal Regulations, the Government of Canada is seeking comments or considerations on the continuation of specified conditions for different Pacific killer whales (Southern Residents vs non-Southern Resident Killer Whales) and/or ocean users (e.g., commercial whale watchers/ecotourism companies) under the Marine Mammal Regulations. Do you have comments or considerations concerning this? (Potential considerations may include: 1. Socio-economic impacts or benefits to yourself or your community, on-water safety or logistics, recommended specification. 2. Protection objectives/benefits for species.)

Suggested answer: 

There is currently excessive pressure from whale watching and ecotourism companies on non-SRKW cetaceans. It is imperative to establish a licensing system that imposes specific constraints on whale watching activities. This system should regulate the number of boats, viewing times, and approach distances to all cetaceans to ensure their protection and minimize disturbance. This would include:

• Setting a limit on number of commercial whale watching operators who may view Bigg’s killer whales at one time,
• Setting a limit on the number of days and hours that commercial whale watching operators can operate,
• Setting a limit on the duration spent in the vicinity of Bigg’s killer whales,
• Identifying places where whales can free from vessel disturbance and whale watching activities are restricted.

Question 5 – At present, there is uncertainty among the public and resource users about whether the Marine Mammal Regulations apply to the use of drones. Therefore, DFO is exploring the inclusion of updated terminology to clarify and confirm that the term “aircraft” is inclusive of drones, or remotely piloted aircraft systems.

Do you have comments or considerations regarding the proposed clarification in relation to the use of aircraft, including drones, within proximity of marine mammals?

Suggested answer: 

• Yes, the term “aircraft” should explicitly include drones or remotely piloted aircraft systems. The regulations must clearly state that operating drones near marine mammals requires a research permit. Drones offer a significantly less invasive research tool compared to other whale research methods (e.g. D-tags, satellite tags, focal follows). Drones enable us to study and monitor the body condition of killer whales with minimal impacts, while still gathering data to inform fisheries management and other recovery measures.

Question 6 – Do you have any other comments or considerations you would like to share with the Government of Canada regarding potential amendments to the Marine Mammal Regulations?

Suggested answer: 

•  The marine mammal regulations should provide clear guidance on limiting the use of seismic sounds. There is an urgent need for a comprehensive prohibition of seismic sounds in whale habitats, extending beyond the existing moratorium on seismic activities related to oil and gas exploration.

You can help

Raincoast’s in-house scientists, collaborating graduate students, postdoctoral fellows, and professors make us unique among conservation groups. We work with First Nations, academic institutions, government, and other NGOs to build support and inform decisions that protect aquatic and terrestrial ecosystems, and the wildlife that depend on them. We conduct ethically applied, process-oriented, and hypothesis-driven research that has immediate and relevant utility for conservation deliberations and the collective body of scientific knowledge.

We investigate to understand coastal species and processes. We inform by bringing science to decision-makers and communities. We inspire action to protect wildlife and wildlife habitats.