NEW REGULATIONS MAY ENDANGER WHALE-WATCHING
STRICTURES ARE INTENDED TO KEEP POPULATIONS SAFE
Agroup of beluga whale tour operators in Churchill, Man., has gone to court in an attempt to push back against regulations — meant to keep whales safe — that they say are so restrictive, it’ll run them out of business.
“They make it impossible for us,” said Wally Daudrich, who operates Lazy Bear Expeditions in Churchill. “The regulations are so onerous that we cannot abide by them. We would literally be breaking the law as soon as we untie our boats.”
The new regulations, announced on July 11, say that watercraft must stay at least 100 metres away from whales and that, generally, disturbing whales — by swimming, say — isn’t allowed. Opinion is mixed among whale tour operators elsewhere in the country, raising questions about what effect, in the longer term, these protections are going to have on what is in parts of Canada a marquee tourist experience.
Rick Stanley, a tour operator in Newfoundland and Labrador, said his bottom line took a major hit this summer, as he had to inform customers who had already booked they wouldn’t be allowed to swim with whales. Many promptly asked for their money back and cancelled their trips.
“It was a big blow to us, a lot of work we put into it, a lot of sales that were done, a lot of money had to be given back. It’s unfortunate, I’ve got staff that was hired to do this, scientists and the like, and here they are, sitting on their bums,” Stanley said.
On July 19, the group of tour operators who take tourists to see whales in the Churchill River estuary and Hudson’s Bay filed a notice of application in Federal Court, asking for judicial review of the regulations, the decision to put them in force, the lack of consideration for a tour exemption and decisions to enforce the regulations against the tour operators. The Churchill operators’ court filing says the new regulations will “have a severe adverse economic impact on the community of Churchill, Manitoba, and surrounding indigenous (sic) communities.”
While affidavits have not yet been filed, and the government has not responded, Daudrich said the issue is, basically, that whale tour operators quite simply cannot follow the regulations, and that a one-size-fits-all approach to whale safety might work for freighters in the St. Lawrence, but not for small-town tour operators.
The longer-term issue for Churchill operators, Daudrich said, is those coming for tours will worry that the way they’re seeing whales is illegal and take their money elsewhere.
“We’ll die the death of 1,000 cuts,” said Daudrich. (There actually is some wiggle room built into the regulations for beluga tours in Churchill; given the size of the estuary, boats are allowed to approach within 50 metres.)
Adam Burns, the director-general of fisheries resource management, said that when the reform process began back in 2011-12, whale tour operators were among those requesting clarity over what constitutes disturbing whales, including defining approach distances, and significant consultation with industry.
Burns said the rules apply to everyone, including the general public.
“It’s certainly in the best interest of the marine mammals,” he said.
In Newfoundland and Labrador, some tour operators say the rules echo the code of conduct they’ve always abided.
Joseph O’Brien, whose company takes out tourists from Bay Bulls, about 30 minutes from St. John’s, to see puffins, millions of seabirds and whales — humpbacks, fins and sometimes orcas, among others — and they don’t see any major changes to their operations.
If the whales do approach — some are friendly — O’Brien said operators make sure the engines aren’t in gear. That is OK, said Burns: whales can approach but boats can’t approach them.
“We’re right in the middle of their playground,” said O’Brien. “We stay 100 metres (away) to give them a safe distance to do their thing, to eat … we show respect, and treat them with respect.”
Niki Ashton, the MP for the Churchill area, said this is a perfect example of the one-size-fitsall model not working, and called on the government to modify the regulations.
“The regulations as is are devastating for an important industry in Churchill,” she said, adding that the belugas in the area are healthy, and this is small-scale tourism.
THE REGULATIONS AS IS ARE DEVASTATING FOR AN IMPORTANT INDUSTRY IN CHURCHILL.