Social media video of a whale watching boat navigating beside killer whales off the B.C. coast is being assessed by Fisheries and Oceans Canada. The recording was posted on Facebook over the weekend, purportedly showing a Prince of Whales vessel operating alongside orcas that were surfacing near the Gulf Islands on Saturday afternoon. Some viewers worried the boat was too close, including Ryan Michael, a citizen watchdog for the whale watching industry. “It’s happening with all companies,” Michael said. “They have almost zero oversight on the water.” Under federal Marine Mammal Regulations, vessels must remain a minimum of 100 metres away from most whales, porpoises and dolphins—and more for certain species, or if the animals are resting or accompanied by a calf. Elspeth McGillivray, general manager of Prince of Whales, told CTV News the cetaceans involved in last weekend’s incident were Bigg’s killer whales, which require a minimum distance of 200 metres. Asked about the concerns that the company’s vessel was too close, McGillivray said Prince of Whales captains use onboard technology such as radar to measure distances and ensure they are compliant with the regulations. “Distance is difficult to gauge on the water,” McGillivray said in a statement. “Especially if the observer is far away and using a telephoto lens, as telephoto or zoom lenses compress images and make distant background and foreground objects appear closer to each other than they really are.” Some commenters also questioned why the vessel had not shut its engine off. McGillivray noted it was “travelling slowly” in accordance with Fisheries and Oceans Canada’s whale watching guidelines. Michael told CTV News he’s been reporting on suspected distance violations off the B.C. coast for three years, and has had meetings with the DFO to discuss what he believes are industry-wide issues. “The industry has no licensing in place,” he said. “Right now, it’s basically just self-regulated.” Michael argued licensing would allow for easier ticketing of violations, and would encourage companies to avoid repeat offences to avoid having their licence withdrawn. As it stands, holding companies accountable requires a standard of proof that can be difficult for citizens to obtain and pass along to the DFO, Michael said. He compared the challenges of enforcing Canada’s regulations to “basically going to trial for murder.” “They have to have the evidence completely spot on to even take it to court, and then it has to go through trial,” Michael said. “It’s a very long process.” A licensing regime is already in place for operators in Washington state—but the DFO said officials are not currently pursuing a similar system in Canada. “We value the knowledge gained through alternative regulatory tools,” the department told CTV News in a statement. “We will continue to work with Indigenous partners, non-government environment organizations (ENGOs) and eco-tourism operators to promote best whale watching practices on the water.” The DFO also pointed to 2018 amendments to the Marine Mammal Regulations that provided “greater protection” for at-risk species, and to further amendments being proposed this year for the protection of endangered southern resident killer whales specifically. “This approach reflects Canada’s commitment to taking action to protect whales, while recognizing that responsible viewing of other whale populations provides important economic and cultural benefits to coastal communities,” the statement added. Anyone who witnesses a vessel that appears too close to a whale, porpoise or dolphin can report it to the DFO’s Marine Mammal Incident Hotline at 1-800-465-4336.
