Feedback for Marine Mammal Regulation Commentary Period
DFO is seeking feedback for the Marine Mammal Regulations. It can be submitted via online form or email to DFO.NCRFMMMRconsultation-consultationRMMGPRCN.MPO@dfo-mpo.gc.ca
Feedback must be submitted by September 3rd. Below is a guide to help answer the questions on the online form.
Question 1 - Do you have comments or considerations regarding the proposal to amend the current approach distance (200m) for Pacific killer whales?
Suggested answer: We recommend increasing the approach distance to 400 m across all B.C. waters. This distance is most strongly supported by numerous peer-reviewed studies as effective in minimizing behavioural changes and disturbances when boating near killer whales. Additionally, applying this measure uniformly would eliminate the Southern Resident Killer Whale critical habitat boundary from Campbell River to Sarah Point. Currently, the boundary, which shifts the approach distance from 200m to 400m, is located in a suboptimal area with high vessel traffic. This inconsistency creates confusion among recreational boaters, who may not understand why the approach distance changes from 400m south of Campbell River to 200m north. Establishing a consistent 400m approach distance would reduce this confusion and also provide increased protection for other killer whale populations, not just the Southern Residents.
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.
Do you have comments or considerations regarding the language used for this prohibition?
Suggested answer: We believe that the terminology should be amended to ‘Avoidance Distance". This term reinforces the concept that vessels need to avoid whales and their known travel corridor, instead of approaching to the closest distance possible.
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.
Suggested answer: This order should be expanded to encompass all B.C. waters and apply to all cetacean species. As it stands, the order is too restrictive; all cetaceans across B.C. deserve equal protection from vessels obstructing their travel paths, not just killer whales in Southern B.C. Many vessels are unaware of this order and still believe it is legal and acceptable to remain in a whale's travel corridor. This is particularly true for vessels engaged in activities such as fishing. Increased education about this order is crucial, along with its expansion to protect all cetaceans in B.C. waters.
Question 4 - Transport Canada’s Interim Order allows the Minister of Transport to authorise whale watching and ecotourism companies to view non-Southern Resident Killer Whales at a distance of between 200m and 400m. 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?
Suggested answer: The order allowing commercial whale watchers with Authorised Vessel (AV) flags to approach Biggs and Northern Resident Killer whales to a distance of 200m should be discontinued. As noted in Question 1, a 400m minimum distance is recommended by science as causing the least disturbance and behaviour changes. Commercial operators should not be exempt from this standard. Additionally, while the order has effectively reduced vessel traffic around Southern Resident Killer Whales, it has increased pressure on Non-Southern Resident populations, making it crucial that they receive adequate protection. The order has also caused confusion among recreational boaters, who find it unfair that they must maintain a 400m distance while commercial operators are allowed to approach within 200m. This often leads to non-compliance with the 400m regulation by recreational boaters. Eliminating the AV flag order and establishing a consistent 400m approach distance across B.C. for all vessel types would reduce disturbances and improve compliance among recreational boaters. The provision that commercial operators are not allowed to watch Southern Resident Killer Whales should remain in place.
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: Undated terminology that applies to drones and other RPAS, in addition to a broader educational campaign, would be useful to expand on this regulation.
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 approach distance for humpback whales should be expanded to 200 m to ensure both whale and human safety. Vessels at this distance are less likely to provoke boat-directed behaviors, such as "mugging," which can be harmful to both whales and humans.
Currently, there are no legal restrictions on vessel speed around cetaceans. We recommend that the guideline “Under 7 knots within a kilometer of a cetacean” be incorporated into the Marine Mammal Regulations. Speed is one of the most significant sources of disturbance for cetaceans, particularly in terms of acoustic disruption, and it also increases the risk of vessel strikes.
Lastly, we propose an amendment to the terminology regarding “vessels in transit” in the exceptions section of the Marine Mammal Regulations. While this term is appropriate for low-mobility vessels such as ferries, tugboats, or cruise ships, it is currently applicable to any vessel, including small recreational boats or commercial whale-watching vessels that can easily avoid cetaceans during transit. These types of vessels should not be exempt from the Marine Mammal Regulations while in transit.