Lawsuit Could Set New Rules For
Whale Watching

Tuesday, April 28, 2009
VICTORIA, BRITISH COLUMBIA — Killer whales are making a splash in Canada's federal court, and their ripples could be felt by local whale watching companies.

Environmental groups are requesting the Department of Fisheries and Oceans clearly define "critical Habitat" as worded in the federal Species At Risk Act.

Although the DFO ordered protection on specific killer whale habitat last week, the definition does not specify whether it includes biological attributes, such as orcas' food sources and ensuring their habitat is free of waste and sound pollution, said Colin Campbell, Sierra Club of B.C.'s science advisor.

"This is the first time from the Species at Risk Act (a federal order) has been issued to protect critical habitat," Campbell said.

"This (case) is the precedent and there are hundreds of endangered species in Canada, so we want the precedent to be comprehensive. It doesn't make any damn sense at all to just (outline) a place – that is not enough."

The main issue of the lawsuit is focused on killer whales' food, but vessel traffic and acoustic disturbances could come into play, he said.

If the environmental groups win, the definition could lead to expanded regulations regarding distances people must keep between themselves and the whales and barring entry specific times of the year to areas known for whale calving.

Currently law dictates boaters must keep 100 metres away from killer whales, said Anna Hall, Prince of Whales captain and marine zoologist.

In addition to the federal limit, the whale watching company mandates its vessels slow to 30 knots when coming just under a kilometre of a pod and further slow to seven knots within 380 metres, she said.

Many whale watching companies follow such voluntary rules as set in the whale watching operating guidelines, Hall said.

Because whale watching groups work so closely with government and scientists, Hall would be surprised if there were added regulation that caused major changes to the way whale watching companies do business.

The industry strives to help orcas through educating the public and demonstrating how to behave near wild animals, she said. Whale watching vessels are a small percentage of the traffic killer whales come in contact with.

"If this (lawsuit) comes through and it means there is more emphasis on everybody behaving in a respectful manner, then I think it is just great," she said.

Source: Victoria News