Guide to public comments on proposed regulations to protect Southern Resident killer whales

The Government of Canada is seeking public feedback on proposed amendments to the Marine Mammal Regulations that would strengthen protections for endangered Southern Resident killer whales.

How to submit your comments

Comments must be inputted directly into the Canada Gazette portal, either anonymously or as an individual. The latter requires registration and is more involved than the anonymous option. The deadline is Tuesday, April 21st.

Background

Southern Residents are one of the world’s most endangered groups of killer whales. Scientific research shows that vessel noise and disturbance can interfere with their ability to communicate, navigate, and hunt for Chinook salmon – their primary prey. Reducing these disturbances is an important part of their recovery.

To address the underwater noise and disturbance from boats, the federal government is proposing to increase the minimum approach distance for Southern Resident killer whales in Canadian Pacific waters to 1,000 metres. The proposed rule would apply year-round to recreational boaters, whale watching vessels, kayaks and other watercraft. 

This proposed change would amend the existing Marine Mammal Regulations (200 m) and replace the annual Interim Order (400m +) from Transport Canada that has regulated whale watching on killer whales over the last 6 years. It would make a 1000 m distance a permanent part of the Marine Mammal Regulations. It would apply only to Southern Resident killer whales.

The government is inviting Canadians to share their views before final decisions are made. Public input will help ensure the regulations are effective, practical, and aligned with recovery efforts. We urge you to send comments via email or fill in answers under specific headings online.

Here is the formal submission by Raincoast.

Here is what you can say in your comments.

On the proposed 1,000-metre rule

You can express strong support for this change. It is scientifically justified, overdue, and brings Canada in line with regulations in Washington State. Making this distance a permanent part of the Marine Mammal Regulations, rather than relying on the annual renewal of a temporary Order, gives the rule the stability and clarity it needs to be effective.

On enforcement and education

A rule is only as good as its enforcement. 1000 m is a long distance (roughly 10 football fields) and it is genuinely hard to judge on open water. Even well-meaning boaters can accidentally get too close. You can urge the government to invest in boater education so people understand what 1,000 my looks like on the water. For example, boaters could be taught that if they can clearly see the whales, they are already too close and need to move away. At 1,000 m, whales should appear small and distant. Active on-the-water enforcement is crucial to make this regulation meaningful and assess compliance. Expanding requirements for AIS transponders would also allow vessels to be tracked. Without dedicated enforcement resources and practical public education, even a well-designed regulation provides little real protection for the whales. 

On other whales

This proposal applies only to Southern Resident killer whales. Other killer whales, including Bigg’s (Transient) killer whales, which are commonly seen in BC coastal waters, will only have a 200 m protection under these regulations. This is not adequate for animals whose feeding and social connections can be disrupted by vessels. You can urge the government to start a separate process to update protections for other killer whale populations and cetacean species. Increasing the minimum approach distance for Southern Resident killer whales in Canadian Pacific waters to 1,000 m is the priority right now, but other whales matter too, and that work needs to begin.

On whale watching

Commercial whale-watching vessels can currently approach non-Southern Resident killer whales to within 200 m. You can urge the government to establish a proper licensing system for commercial whale watching vessels that sets limits on the number of vessels, viewing times, and disturbance to all cetaceans, not just endangered ones. Importantly, measures specific to commercial whale-watch operators are still needed to guide behavior of whale-watch vessels that inadvertently find themselves in the vicinity of SRKWs and to report whale sightings to the Whale Report Alert System (WRAS).