BC Judge Fines U.S. Whale-Watching Guide For Disturbing Whale

Tuesday, February 10, 2004
Killer whales are entitled to the protection of the courts, a judge said as he fined an American whale-watching guide $6,500 CDN ($4,875 US) for disturbing the marine mammals.

Provincial Court Judge Wayne Smith said a clear message must be sent to the whale-watching community that behavior endangering whales will not be tolerated.

"There is a tremendous public trust imposed on all operators, and it was clearly violated in this case," Smith said as he fined Jim Maya on Monday.

Maya "professes his love, respect and admiration for the animals," the judge noted. "It is clear his activity that day was fraught with danger."

The 64-year-old guide from Washington state's San Juan Islands said he believes the charge, filed Aug. 14, 2002, was motivated by the desire of the Canadian Department of Fisheries and Oceans to appear as "champions of the whale."

"The whale-watching industry is being painted as the villain," said Maya, who pleaded guilty to a charge of disturbing whales midway through his trial.

The retired teacher said he no longer could bear the financial, emotional and physical cost of the proceedings.

Fisheries officers testified that they saw Maya following within 100 feet of a pod of orcas for three to five minutes off North Pender Island. Regulations require that boats be at least 330 feet away from a whale.

Having boats any closer is dangerous to the whales, prosecutor Norm Fraser said, adding that proximity can affect the mammals' feeding and socialization habits and running propellers can cut a whale.

A woman pleaded guilty and was fined $100 (US$75) last year to disturbing a whale after she touched Luna, a male orca that lives in the waters off Gold River about halfway up the west coast of Vancouver Island.