Letter in support of the proposed increase of a 1,000m approach distance for 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. 

The following is the formal submission by Raincoast.

Letter: March 19, 2026

To: Marine Mammal Regulations inbox dfo [dot] ncrfmmmrconsultation-consultationrmmgprcn [dot] mpo [at] dfo-mpo [dot] gc [dot] ca.

Heather Brekke, DFO Regional Manager, Marine Conservation (DFO); Neil Davis, Regional Director, Fisheries Management (DFO)

Subject: Feedback on proposed amendment to regulations to Protect Southern Resident killer whales

The Raincoast Conservation Foundation is a non-profit organisation that uses primary research to advance conservation of coastal species, habitats and ecosystems. For almost two decades Raincoast has been working to support recovery measures for Southern Resident killer whales. As part of our efforts, increased vessel distances that reduce acoustic and physical disturbance have been a priority. We are encouraged to see the proposed amendments to the Marine Mammal Regulations.

Our specific comments on each section of the proposed amendments are provided below.

General comments

The Raincoast Conservation Foundation strongly supports the proposed increase of the minimum approach distance for SRKWs to 1,000 m. This regulatory change is scientifically supported and overdue. Research published since 2018 documents the adverse effects of vessel noise and disturbance on SRKWs at distances well beyond the current 400 m limit. The 2025 Independent Science Panel on SRKW concluded that the evidence supports a 1,000 m approach distance , consistent with measures adopted by Washington state in January 2025. We welcome Canada’s move to align with the best available science and with protections implemented in neighbouring waters. Regulatory stability and consistency benefit enforcement, Indigenous Nations, Industry, and the public alike.

We note that these amendments do not update approach distances for other Pacific killer whales or other cetacean species. We flag this not to diminish support for the current proposal, but to emphasize that protections for other populations will need to be addressed through a parallel regulatory process. We encourage the government to initiate that process without delay.

Finally, consistent with recommendations from the 2025 independent science panel, success with this regulatory change will require enhanced on-the-water monitoring and enforcement efforts, including boater education programs and expansion of the Class B AIS transponder requirement.

Comments on the issues section 

We agree with the characterization of the issues presented in this section. The SRKW population faces multiple, compounding threats, and vessel-related acoustic and physical disturbance is well-documented among them. We concur that reliance on annual Transport Canada Interim Orders has created regulatory uncertainty that undermines consistent protection and enforcement, and that transitioning to a permanent amendment of the Marine Mammal Regulations is the appropriate long-term solution. With 74 individuals (2025 census) remaining, the margin for further delay is extremely narrow.

Comments on the background section

We support the background as presented. We note that the cultural, ecological, and scientific significance of SRKWs to Indigenous Peoples and coastal communities strengthens the case for durable, permanent regulatory protection rather than year-to-year interim measures.

Comments on the objective section 

We support the characterization of the issues presented in this section. The SRKW population faces multiple, compounding threats, and vessel-related physical and acoustic disturbance is well-documented among them. We concur that reliance on annual Transport Canada Interim Orders has created regulatory uncertainty that undermines consistent protection and enforcement, and that transitioning to a permanent amendment of the Marine Mammal Regulations is the appropriate long-term solution.

Comments on the description section

We support the proposed approach distance of 1,000 m for SRKWs as described. 

Regarding the approach distance for non-SRKW killer whale ecotypes: we note that under the current annual Transport Canada Interim Orders, a 400 m buffer has been applied to all Pacific killer whales in southern BC waters (with an authorization for approved commercial whale-watch vessels to approach non-SRKWs at 200 m). Once approach distances are removed from the annual Interim Orders, non-SRKW ecotypes would revert to a 200 m distance for all vessels under the MMR. We are not requesting amendments to address this change; we support these measures as written and do not wish to delay or complicate their passage. However, we urge the government to treat the current proposal as the first step in a broader update to the MMR, and to initiate a parallel regulatory process to address approach distances for other Pacific killer whale ecotypes and cetacean species.

Comments on the regulatory developments section 

Raincoast participated in the 2024 public consultation on proposed amendments to the Marine Mammal Regulations. In our submission, we advocated for a 1,000 m approach distance for SRKWs, consistent with Washington State’s regulation and with the best available science showing adverse effects of vessel disturbance at distances well beyond 400 m. We are pleased that the proposed amendments reflect that recommendation.

We’d like to highlight the recommendations from the Independent Science Panel on SRKW, 2025, which concluded that the evidence base, including Holt et al. 2021a, 2021b and Tennessen et al. 2024, supports the 1,000 m distance, and recommended that compliance be prioritized through boater education and expanded AIS transponder requirements. We urge the government to pair the regulatory change with investment in education and enforcement. 

We also note the Gazette’s statement that if the proposed amendments are implemented, Transport Canada will continue to consider issuing annual Interim Orders for the protection of SRKWs, but they will no longer include approach distances or an authorization permit for commercial whale-watch operators. We strongly support the continuation of such annual Interim Orders addressing SRKW protection and urge that this commitment be maintained and strengthened going forward. Importantly, that includes measures specific to commercial whale-watch operators, including requirements 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). These are proven measures that have reduced impacts and improved management of SRKWs over the last seven years, particularly in a vessel sector that actively targets killer whales within SRKW critical habitat. They should not be lost.

Finally, we note that in our 2024 consultation submission, we raised concerns about vessel disturbance pressure on non-SRKW cetaceans, including the need for a licensing system that regulates whale-watching activity directed at Bigg’s killer whales and other species. Such a system would put Canada into alignment with Washington State, which established a licensing system several years ago. We reiterate that these concerns remain unresolved and should be addressed through a dedicated parallel process.

Comments on the regulatory analysis section

We agree with the government’s assessment that the proposed amendment is not expected to result in incremental costs to industry, given that SRKWs have not been the focus of commercial whale-watch tours since 2019. 

We concur that the primary benefits are unquantifiable in economic terms but are significant: reduced acoustic and physical disturbance to an endangered population, and improved prospects for recovery.

We note the government’s position that the increased approach distance would not result in an increase in enforcement responsibilities. We respectfully question this assumption. A 1,000 m approach distance is inherently difficult for boaters to estimate visually on open water. This is not a trivial compliance challenge: even well-intentioned boaters may inadvertently violate the distance. This heightens the importance of ensuring adequate enforcement capacity, and t robust public education programs to help boaters understand and reliably judge what 1,000 m looks like in practice. We urge the government to ensure the regulatory change is matched with the enforcement and education resources needed to make it meaningful, and reiterate the science panel’s recommendation to expand the Class B AIS transponder requirement for small vessels as a practical compliance tool. A regulation that cannot be enforced provides limited conservation benefit.

 We note that, in keeping with the regulation, the revised approach distance will not apply to vessels in transit. However, we urge the department to strengthen and support measures to warn ships in transit of the presence of whales, such as the Whale Report Alert System – and that vessels in transit are still expected to avoid whales whenever safely possible. Exemption from the approach distance requirements should not be interpreted as permission to disregard the presence of whales.

Comments on the proposed regulatory text section 

No substantive comments 

Comments on the amendment section 

No substantive comments

Comments on the coming into force section

We support the immediate coming into force upon registration. Given the population’s precarious status, we encourage the government to expedite the finalization of these regulations.