Frequently Asked Questions - Interim Order Respecting the Protection of Killer Whales (Orcinus orca) in the Waters of Southern British Columbia

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1: Will the measures in the Interim Order be made permanent?

An Interim Order will continue to be utilized for the approach distance measure until the Marine Mammal Regulations amendments are finalized and published in Canada Gazette, Part II, by the Department of Fisheries and Oceans.

The Speed and Vessel Restricted Zones will be monitored to assess their effectiveness in reducing noise, as well as socio-economic impacts. Future action, including a move to a longer-term regulatory approach for Transport Canada’s measures, will be determined in consultation with stakeholders and First Nations.

2: Why did the Minister of Transport make this Interim Order? And what is the role of Transport Canada in protecting killer whales?

The Minister of Transport issued the Interim Order because immediate action is required to deal with risks from vessels to the Southern Resident killer whale population on the West Coast. The main purpose of the order is to put in place immediate measures to reduce underwater vessel noise and physical disturbance from marine traffic, focusing on important areas, such as key foraging areas, for Southern Resident killer whales who are listed as endangered under the Species at Risk Act (SARA).

Transport Canada is responsible for promoting safe, secure, efficient, and environmentally responsible transportation. The Canada Shipping Act, 2001 (CSA 2001) gives the Minister of Transport the authority to make regulations respecting the protection of the marine environment from the impacts of navigation and shipping activities, s.35.1(1), as well as the authority to make an interim order if immediate action is required to deal with a direct or indirect risk to the marine environment, s. 10.1(1), including on a precautionary basis.

3: What does the Interim Order do?

The Interim Order sets out three mandatory measures for vessels operating in certain areas of the waters of southern British Columbia to reduce physical and acoustic disturbance to Southern Resident killer whales.

First, the Interim Order prohibits vessels and persons operating and navigating a vessel, subject to exceptions, from approaching a Southern Resident killer whale at a distance of less than 1000 metres while in Southern Resident killer whale critical habitat and British Columbia coastal waters between Campbell River (Cape Mudge) and Malaspina Peninsula (Sarah Point) including Howe Sound, to just north of Ucluelet, including Barkley Sound. This is in place year-round, from June 1, 2026 until May 31, 2027. This includes human-powered vessels such as kayaks and paddle boards.

Second, the Interim Order creates two Vessel Restricted Zones, where vessel traffic is prohibited. This includes fishing or recreational boating, from June 1, 2026, until November 30, 2026, with some exceptions. These two zones are located off the southern coast of North Pender Island and eastern coast of Saturna Island.

Third, the Interim Order creates two Speed Restricted Zones, subject to exceptions, implementing a mandatory speed limit of 10 knots over ground in areas around Swiftsure Bank, from June 1, 2026, until November 30, 2026. The first area is located at the Mouth of the Nitinat River, and the second is located at Swiftsure Bank.

4: How was the Interim Order developed?

The Interim Order implements measures that build upon earlier and complementary initiatives to support Southern Resident killer whale recovery. The Interim Order has been informed by the significant work of the technical working groups made up of Indigenous representatives, governments, and key scientific and stakeholder advisors, and is designed to directly address key threats to the Southern Resident killer whale population’s long-term survival. The Interim Order was developed to help secure the recovery of the Southern Resident killer whales while considering the social and economic interests of Indigenous Nations and coastal communities that rely on marine-based industries.

5: When will the measures begin and how long will they be in place?

Vessel Restricted Zones and Speed Restricted Zones will be in place from June 1, 2026, through November 30, 2026. This period is based on the greater seasonal presence of Southern Resident killer whales in key areas of critical habitat in the Salish Sea. The 1000-metre approach distance is in place year-round to provide on-going protection for any Southern Residents that are found in coastal British Columbia waters, regardless of the season. The measures are intended to reduce vessel noise and physical disturbance by increasing the distance between vessels and the whales on an interim basis pending further feasibility assessment work on measures to reduce physical and acoustic disturbances.

6: Where does the mandatory 1000-metre approach distance to Southern Resident killer whales apply?

Vessels must stay a minimum of 1000 metres away from Southern Resident killer whales in their critical habitat and British Columbia coastal waters between Campbell River (Cape Mudge) and Malaspina Peninsula (Sarah Point) including Howe Sound, to just north of Ucluelet, including Barkley Sound.

The coordinates for the relevant range can be found in Schedule 1 of the Interim Order.

A map of the relevant range can be downloaded here: 2026 management measures to protect Southern Resident killer whales. (Note: This measure only applies in Canadian waters. Please ensure to check Be Whale Wise for measures in place in both Canadian and U.S. waters).

7: How was the geographic area for the 1000-metre approach distance to killer whales decided?

The area where the 1000-metre approach distance applies is based on the range and critical habitat of Southern Resident killer whales as identified in the SARA Recovery Strategy.

This builds on existing prohibitions in place through the Marine Mammal Regulations, which require that persons and vessels travelling beyond the geographic area identified in the Interim Order must stay a minimum of 200 metres away from killer whales in Canadian waters off the coast of British Columbia.

8: Why does the 1000 metre approach distance apply only to Southern Resident killer whales and not all killer whales?

Transport Canada’s Interim Order includes an enhanced 1,000 metre approach distance for Southern Resident killer whales, and not for other Pacific killer whales at this time. The enhanced 1,000 metre approach distance for Southern Resident killer whales is part of Canada’s commitment to implement incremental measures for addressing imminent threats to this species as announced in March 2025 and align with the proposed amendments to the Marine Mammal Regulations. Please contact Fisheries and Oceans Canada for more information on the approach distance measure and proposed amendments to Canada’s Marine Mammal Regulations.

9: What does it mean for a vessel to be ‘in transit’?

Vessels in transit are excepted from the 400 m approach distance measure. In transit reflects a passage that is innocent, continuous, expeditious and without delay (aka any vessel travelling directly from one point in the water to another for purposes of transit), and is intended to distinguish between those who are travelling to a given point and those who might stop and approach the whales. It is advised that all vessels should take every precaution to avoid approaching and disturbing marine mammals, including Southern Resident killer whales.

10: I can’t tell the difference between killer whale populations from 1000 metres away, what should I do?

Distinguishing killer whale populations can be difficult without proper training and in various weather conditions. If you are unable to determine the killer whale population/ecotype, maintain 1000 metres to ensure compliance with the Interim Order, and to give whales the space they need to forage and communicate.

11: What do I do if a Southern Resident killer whale or another whale surfaces near me, within the 1000 m approach distance?

If a whale appears near your vessel, within the 1000 metre approach distance zone for Southern Resident killer whales, there are a few steps you can take to ensure you minimize your acoustic and physical impacts on the animal. If safe to do so, place your engine in neutral idle and allow the animals to pass. For further information, please visit the Be Whale Wise website.

In Canada, it is against the law to disturb a marine mammal. Unless authorized, you cannot: feed, swim, or interact with a marine mammal; move a marine mammal (or entice/cause it to move); separate a marine mammal from its group or go between it and a calf; trap a marine mammal or a group between a vessel and the shore, or between a vessel and other vessels; or tag or mark a marine mammal.

12: Where are the Vessel Restricted Zones located?

They are located:

  • off the south-west coast of North Pender Island, and
  • off the eastern tip of Saturna Island.

The coordinates can be found in Schedule 2 of the Interim Order.

Maps of the zones can be downloaded here: 2026 management measures to protect Southern Resident killer whales (see Gulf Islands).

13: Why do the 1000 metre approach distance and Vessel Restricted Zones apply to paddling and other non-motorized activities?

The Interim Order was issued to protect Southern Resident killer whales from both underwater noise and physical disturbance. For human-powered vessels such as canoes, kayaks or paddleboards, concerns include risks related to Southern Resident killer whales coming too close to a vessel, or vessels or persons making noise that can disturb, stress, or prevent whales from feeding or communicating with each other.

In recognition that the size of the Vessel Restricted Zones can result in unsafe conditions for human powered vessels, a 20-metre transit corridor along the shore of the Pender and Saturna Island Vessel Restricted Zones has been established to allow paddlers to safely transit the prohibited zone.

14: Where are the Speed Restricted Zones located?

There are two Speed Restricted Zones located near Swiftsure Bank on the southwest coast of Vancouver Island. One area extends eastward into Pacific Fisheries Management Area 121-1 and southward to border the Traffic Separation Scheme. The second area is from Carmanah Point eastward to Latitude 125 past Trestle Creek.

The coordinates can be found in Schedule 3 of the Interim Order. Maps of the areas can be downloaded here: 2026 management measures to protect Southern Resident killer whales (see Speed Restricted Zones).

15: Why are major shipping lanes excluded from the Speed Restricted Zones?

The international shipping lanes that transit the waters through the Salish Sea are established under international law and vessels are required to follow them to ensure safe and secure navigation. Transport Canada cannot unilaterally prohibit vessels from using the Traffic Separation Scheme. This is why we work in close collaboration with the Vancouver Fraser Port Authority’s Enhanced Cetacean Habitat and Observation (ECHO) Program to identify and implement voluntary measures for large commercial vessels to reduce the acoustic and physical disturbance in important sections of the Traffic Separation Scheme. High continued participation rates are reported for Haro Strait, Boundary Pass, Strait of Juan de Fuca, and Swiftsure Bank which have resulted in considerable decreases in underwater noise.

The protection and recovery of the Southern Resident killer whales requires different but significant contributions from all stakeholder groups and communities around the Salish Sea.

16: What is the speed limit within the Speed Restricted Zones?

Vessels can transit through these areas but must transit at no more than 10 knots speed over ground (some exceptions apply, see below). The speed limit of 10 knots has been determined to be safe for this area. As speed reductions are a proven approach to reducing disturbance, this proposed pilot approach will reduce disturbance in key foraging areas of the Southern Resident killer whale, while ensuring risks are not increased in adjacent areas.

17: How and why were the Speed Restricted Zones developed?

The approach at Swiftsure Bank to replace to the previous Interim Sanctuary Zone with two Speed Restricted Zones was co-developed by Transport Canada and Pacheedaht First Nation. Results of a peer-reviewed study led by Fisheries and Oceans Canada on Southern Resident killer whale behaviour and distribution, and vessel presence in the Salish Sea released in 2021 were instrumental in determining the placement of the Speed Restricted Zones. The Speed Restricted Zones are being implemented in previously unprotected key Southern Resident killer whale foraging areas.

18: Who is excepted from the 1000 metre approach distance measure?

Transport Canada’s 1000 metre approach distance reflects the same principles and provisions under the Marine Mammal Regulations. Accordingly, the following vessels and persons are excepted from the 1000 metre approach distance measure within the relevant range:

  • vessels in transit (aka any vessel travelling directly from one point in the water to another);
  • vessels in distress or providing assistance to a vessel or person in distress;
  • vessels involved in pollution response operations;
  • vessels avoiding immediate or unforeseen danger;
  • employees of the Government who are performing their duties, or a person assisting them or otherwise present at the request of the Government of Canada;
  • persons undertaking certain activities, including scientific research, as authorized under the Species at Risk Act, Marine Mammal Regulations, or Fishery (General) Regulations; and
  • any vessel with these people on board.

19: Who is excepted from the Vessel Restricted Zone measure?

The Interim Order provides a number of exceptions to the prohibition of traveling within a Vessel Restricted Zone.

Specifically, the following vessels and persons are excepted:

  • local traffic that needs to access a residence, commercial establishment or any other establishment providing a service on North Pender or southeast Saturna Islands, or a mooring buoy within the zone, if travel by water within a Vessel Restricted Zone is the only practical means of doing so. For example, if you need to access a residence, business or service that is not accessible by road, you would generally be permitted to travel through the area to reach it;
  • vessels in distress or providing assistance to a vessel or person in distress;
  • vessels involved in pollution response operations;
  • vessels avoiding immediate or unforeseen danger;
  • employees of the Government who are performing their duties, or a person assisting them or otherwise present at the request of the Government of Canada;
  • persons undertaking certain activities, including scientific research, as authorized under either the Species at Risk Act, Marine Mammal Regulations, or Fishery (General) Regulations;
  • persons fishing for food, social or ceremonial purposes or for domestic purposes pursuant to a treaty within the meaning of section 35 of the Constitution Act, 1982, in accordance with a licence issued under the Aboriginal Communal Fishing Licence Regulations; and
  • Indigenous persons exercising an existing right for non-commercial purposes, other than fishing, under section 35 of the Constitution Act, 1982.

20: What are the exceptions to the Speed Restricted Zones?

The Interim Order provides for exceptions for the following persons and vessels:

  • employees of the Government of Canada who are performing their duties, or a person assisting them or otherwise present at the request of the Government of Canada;
  • vessels in distress or providing assistance to a person or vessel in distress;
  • vessels involved in pollution response operations;
  • vessels avoiding immediate or unforeseen danger;
  • vessels not operating a motor.

21: What constitutes an immediate or unforeseen danger?

An immediate or unforeseen danger includes any situation in which weather, mechanical issues or collision risks require the vessel to ignore a provision of the Interim Order because that is the safest route or the quickest path to safety.

22: What is the penalty for vessel operators who do not obey the mandatory restricted zones / slowdowns / approach distances?

The enforcement regime under the Canada Shipping Act, 2001 (CSA 2001) applies to violations of the Interim Order. This means that any person or vessel that does not comply with the Interim Order may be subject to an administrative monetary penalty of up to $250,000, or a fine of up to $1 million and/or imprisonment up to a maximum of 18 months upon summary conviction.

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