Improving marine safety
New regulations set safe distance for whale watching
The federal government imposed long-awaited whale watching regulations on Wednesday that will enforce existing guidelines for safe interactions between marine mammals and people. These regulations apply to professional and recreational whale watchers.
“In light of the dangers … it has become clear that we need real regulations,” Adam Burns, director general of fisheries and resource management for the Department of Fisheries and Oceans (DFO), said during a technical briefing on Wednesday.
According to a recent Canadian Press report, there was an incident of people trying to lasso and ride a beluga whale near Grates Cove in 2015, and, in 2002, a beluga whale that had grown accustomed to people was killed when it was hit by a boat propeller near Calvert.
The new regulations set out clear approach distances for different marine mammals and determine what constitutes a disturbance.
A disturbance, under the new regulations, would include feeding marine mammals, swimming with them, separating mothers and calves, approaching them if they are resting, and encircling them with boats. The new regulations also prohibit aircraft from changing course or altitude in order to get closer to a marine mammal.
“The amendments are meant to prevent vessels from approaching marine mammals, but do not control how marine mammals can approach vessels,” Burns said.
This means that if a boat is stopped to watch a marine mammal or is driving parallel to one at the designated distance, and the animal decides to approach the vessel, DFO is asking that people safely take evasive manoeuvres to avoid contact with the marine mammal, but should avoid suddenly changing direction and moving away to maintain the regulated distance, thereby causing a disturbance that could be harmful for the animal.
For marine mammals commonly found off the shores of Newfoundland, a safe approach distance has been set at 100 metres, a measure determined using all the currently available research and in co-operation with operators of whale watching tours.
“It’s not anything new … it’s been in the stages for a number of years,” Mike Gatherall of Gatherall’s Puffin and Whale Watch in Bay Bulls says about the regulations that formalized many guidelines he and other professional operators were part of the development of.
“With professional operators … it’s really in our best interest to protect whales,” says Gatherall, adding that the new DFO regulations were created with the best intent.
Gatherall says professional operators are knowledgeable about the marine mammals they are watching because of the amount of time they spend near them, and his larger concern is recreational boaters who have less experience and knowledge about interacting with whales in their natural habitat and may subsequently end up in situations that are dangerous to themselves and/or the animals.
Gatherall says the interactions need to be left to the discretion of the whale and how it does or does not want to engage on any given day.
“The single biggest thing I think is needed is awareness in the community and among recreational boaters,” Gatherall says about his hopes for the regulations.
Gatherall and the other major operator in Bay Bulls, O’brien’s Boat Tours, co-ordinate the times of their tours to ensure they are running on different schedules, giving the whales a chance to rest and avoid being overwhelmed by human interaction.
“We’re all partners on the ocean,” Joseph O’brien, a captain at O’brien’s Boat Tours, says about the co-operation between the two operators to ensure the best interests of the whales and their customers are protected.
Like Gatherall, O’brien is happy the regulations are coming, at long last, into effect, and has been among those putting pressure on DFO to pass these regulations.
“You’ve got to learn that this is a wild animal and needs to be respected in the wild,” says O’brien.
By moving the snow crab fishing season earlier with the help of ice-breakers as part of an effort to protect marine mammals, specifically an increased number of endangered right whales, O’brien says, Canada is sending a message that it is taking a serious approach to the issue.
Protecting the environment and food source, by restricting the number of vessels permitted in certain areas through a licensing program, is important for ensuring the whales are able to return each year and counter environmental changes driving them to different habitats.
Additional resources have been allocated to enforce the regulations, which will be done via water and air patrol. The final number of fishery officers who will patrol is still being decided.
The penalties for violating the regulations will depend to the specifics of each situation, but violators may be fined up to $100,000 under the Fisheries Act if they are convicted. These penalties will apply to profession and recreational whale watchers.
“We’re in a position to better enforce the regulations now,” Burns said. The regulations allow for legal action to be taken when they are violated, something that was not possible when the same rules were a set of voluntary guidelines.
The complete regulations can be found under “Marine Mammal Regulations” in the Canada Gazette, Part II from July 11, 2018.