Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2024

From: Transport Canada

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

Whereas the Minister of Transport is of the opinion that the annexed Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2024 is required to deal with a direct or indirect risk to marine safety or to the marine environment;

And whereas the provisions of the annexed Order may be contained in a regulation made under paragraphs 35(1)(e)Footnote a, 35.1(1)(k)Footnote b and 136(1)(f)Footnote c of the Canada Shipping Act, 2001Footnote d;

Therefore, the Minister of Transport makes the annexed Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2024 under subsection 10.1(1)Footnote e of the Canada Shipping Act, 2001Footnote d.

Ottawa, May 30, 2024

Minister of Transport
Pablo Rodriguez

Definitions

Definitions

1 The following definitions apply in this Interim Order.

Minister means the Minister of Transport.

Southern Resident killer whale means any member of the Killer Whale (Orcinus orca) Northeast Pacific southern resident population.

Non-Application

Vessels

2 (1) This Interim Order does not apply to

  1. (a) a vessel that is in distress or providing assistance to a vessel or person in distress;
  2. (b) a vessel that is involved in pollution response operations;
  3. (c) a vessel that is avoiding an immediate or unforeseen danger; or
  4. (d) a vessel that is carrying a person referred to in paragraph (2)(a).

Persons

(2) This Interim Order does not apply to

  1. (a) an employee of the Government of Canada or a peace officer who is performing their duties, or a person who is assisting them or who is otherwise present at the request of the Government of Canada; or
  2. (b) a person who is operating a vessel referred to in any of paragraphs (1)(a) to (d).

Approach Distance Prohibition

Vessels

3 (1) A vessel must not approach within 400 m of a killer whale in the waters indicated in Schedule 1.

Exceptions

(2) Subsection (1) does not apply to

  1. (a) a vessel in transit; or
  2. (b) a vessel carrying a person referred to in any of paragraphs 4(2)(a) to (c).

Persons

4 (1) A person operating a vessel must not approach within 400 m of a killer whale in the waters indicated in Schedule 1.

Exceptions

(2) Subsection (1) does not apply to

  1. (a) a person acting in a manner authorized under the Species at Risk Act;
  2. (b) a person authorized under subsection 38(1) of the Marine Mammal Regulations to disturb a killer whale;
  3. (c) a person fishing for marine mammals for experimental, scientific, educational or public display purposes in the manner set out in a licence issued under the Fishery (General) Regulations; or
  4. (d) a person operating a vessel referred to in paragraph 3(2)(a) or (b).

Prohibition Against Positioning Vessel in Path

Vessels

5 (1) A vessel must not position itself such that the vessel is in the path of a killer whale in the waters indicated in Schedule 1.

Exceptions

(2) Subsection (1) does not apply to

  1. (a) a vessel that is at anchor or aground;
  2. (b) a vessel not under command as defined in Rule 3(f) of Schedule 1 to the Collision Regulations;
  3. (c) a vessel restricted in her ability to manoeuvre as defined in Rule 3(g) of that Schedule;
  4. (d) a vessel constrained by her draught as defined in Rule 3(h) of that Schedule; or
  5. (e) a vessel that is carrying a person referred to in any of paragraphs 6(2)(a) to (c).

Persons

6 (1) A person operating a vessel must not position the vessel such that it is in the path of a killer whale in the waters indicated in Schedule 1.

Exceptions

(2) Subsection (1) does not apply to

  1. (a) a person acting in a manner authorized under the Species at Risk Act;
  2. (b) a person authorized under subsection 38(1) of the Marine Mammal Regulations to disturb a killer whale;
  3. (c) a person fishing for marine mammals for experimental, scientific, educational or public display purposes in the manner set out in a licence issued under the Fishery (General) Regulations; or
  4. (d) a person operating a vessel referred to in any of paragraphs 5(2)(a) to (e).

Interim Sanctuary Zones

Vessels

7 (1) A vessel must not navigate in the waters indicated in Schedule 2 on or before November 30, 2024.

Exceptions

(2) Subsection (1) does not apply to

  1. (a) a vessel being used to access a private residence, a commercial establishment or any other establishment providing a service, if travel in the waters indicated in Schedule 2 is the only practical means of doing so and the vessel is navigating directly between
    1. (i) a location on Pender Island or Saturna Island and another location on one of those islands,
    2. (ii) a location on Pender Island or Saturna Island and another location beyond the waters indicated in Schedule 2,
    3. (iii) a location on Pender Island or Saturna Island and a mooring buoy located in the waters indicated in Schedule 2, or
    4. (iv) a mooring buoy located in the waters indicated in Schedule 2 and a location beyond those waters;
  2. (b) a human-powered vessel navigating at a distance of 20 m or less from the shoreline — meaning the line where the water surface touches the land — in the waters indicated in items 1 and 2 of Schedule 2;
  3. (c) a vessel being used to fish under a licence issued under the Aboriginal Communal Fishing Licences Regulations
    1. (i) for food, social or ceremonial purposes, or
    2. (ii) for domestic purposes under a treaty within the meaning of section 35 of the Constitution Act, 1982; or
  4. (d) a vessel carrying a person referred to in any of paragraphs 8(2)(a) to (f).

Persons

8 (1) A person must not operate a vessel in the waters indicated in Schedule 2 on or before November 30, 2024.

Exceptions

(2) Subsection (1) does not apply to

  1. (a) a person acting in a manner authorized under the Species at Risk Act;
  2. (b) a person authorized under subsection 38(1) of the Marine Mammal Regulations to disturb a killer whale;
  3. (c) a person fishing for marine mammals under the authority of the Marine Mammal Regulations;
  4. (d) a person fishing for marine mammals for experimental, scientific, educational or public display purposes in the manner set out in a licence issued under the Fishery (General) Regulations;
  5. (e) a person fishing under a licence issued under the Aboriginal Communal Fishing Licences Regulations
    1. (i) for food, social or ceremonial purposes, or
    2. (ii) for domestic purposes under a treaty within the meaning of section 35 of the Constitution Act, 1982;
  6. (f) an Indigenous person exercising an existing right, other than for fishing, for non-commercial purposes under section 35 of the Constitution Act, 1982; or
  7. (g) a person operating a vessel referred to in any of paragraphs 7(2)(a) to (d).

Speed-Restricted Zones

Vessels

9 (1) A vessel must not proceed at a speed in excess of 10 knots over ground in the waters indicated in Schedule 3 on or before November 30, 2024.

Exceptions

(2) Subsection (1) does not apply to a vessel that is operating without a motor.

Persons

10 (1) A person must not operate a vessel at a speed in excess of 10 knots over ground in the waters indicated in Schedule 3 on or before November 30, 2024.

Exceptions

(2) Subsection (1) does not apply to a person operating a vessel referred to in subsection 9(2).

Authorizations

Whale-watching and ecotourism

11 (1) The Minister may, in writing, issue an authorization to a vessel, and to persons operating that vessel, to approach a killer whale, other than a Southern Resident killer whale, for the purpose of commercial whale-watching or ecotourism at a distance of between 200 m and 400 m in the waters indicated in Schedule 1 if the authorization does not compromise the protection of killer whales and the marine environment or compromise marine safety.

Promotion of protection of killer whales

(2) The Minister may, in writing, issue one of the following authorizations to a vessel, and to persons operating that vessel, in respect of a non-commercial activity that promotes compliance with and monitoring of measures taken to protect killer whales if the authorization does not compromise the protection of killer whales and the marine environment or compromise marine safety:

  1. (a) an authorization to approach a killer whale at a distance of between 200 m and 400 m in the waters indicated in Schedule 1; or
  2. (b) an authorization to navigate or operate a vessel in the waters indicated in Schedule 2.

Application for authorization

(3) The following persons or organizations may submit a request for an authorization in respect of a vessel that they own or operate and persons operating that vessel:

  1. (a) in the case of an authorization referred to in subsection (1), a person who owns or operates a commercial whale-watching or an ecotourism business, or any person or organization acting on behalf of such a business; or
  2. (b) in the case of the authorizations referred to in subsection (2)
    1. (i) an incorporated non-profit organization with a mandate to promote the protection of killer whales, or any person or organization acting on behalf of such an organization, or
    2. (ii) a government, council or other entity authorized to act on behalf of an Indigenous group.

Conditions

(4) An authorization is subject to conditions respecting the protection of killer whales, including those respecting the reduction of the risk of physical and acoustic disturbances to Southern Resident killer whales. An authorization may also be subject to conditions respecting the protection of the marine environment or marine safety.

Authorization on board vessels

(5) An authorization must be kept on board the vessel.

Modification

(6) The Minister may modify an authorization, and must inform the holder of the authorization in writing, if the Minister considers it necessary for the protection of killer whales, the protection of the marine environment or marine safety.

Suspension

(7) The Minister may suspend an authorization, and must inform the holder of the authorization in writing, if

  1. (a) the Minister has reasonable grounds to believe that the holder of the authorization is not in compliance with the authorization;
  2. (b) the Minister has reasonable grounds to believe that the holder of the authorization is not in compliance with one or more requirements under
    1. (i) the Canada Shipping Act, 2001,
    2. (ii) the Oceans Act,
    3. (iii) the Fisheries Act, or
    4. (iv) the Species at Risk Act; or
  3. (c) the Minister considers it necessary for the protection of killer whales, the protection of the marine environment or marine safety.

Reinstatement

(8) The Minister may reinstate a suspended authorization, and inform the holder of the authorization in writing, if the matter that gave rise to the suspension has been resolved.

Revocation

(9) The Minister may revoke an authorization, and must inform the holder of the authorization in writing, if

  1. (a) the holder of the authorization is found guilty of an offence under
    1. (i) the Canada Shipping Act, 2001,
    2. (ii) the Oceans Act,
    3. (iii) the Fisheries Act, or
    4. (iv) the Species at Risk Act;
  2. (b) the holder of the authorization has committed a violation as defined in section 228 of the Canada Shipping Act, 2001;
  3. (c) the authorization has been suspended three times; or
  4. (d) the Minister considers it necessary for the protection of killer whales, the protection of the marine environment or marine safety.

Additional requirements of authorization

12 (1) A person who is operating a vessel to which an authorization was issued must

  1. (a) as soon as feasible, report the following information to the Minister each time that the vessel is within 400 m of a Southern Resident killer whale in the waters in respect of which the authorization was issued:
    1. (i) the name of their vessel,
    2. (ii) the date and time of the occurrence,
    3. (iii) the geographic coordinates of the vessel at the time of the occurrence and a description of any incidents involving a Southern Resident killer whale, and
    4. (iv) the number of Southern Resident killer whales that they observed at the time of the occurrence;
  2. (b) as soon as feasible, use the WhaleReport application to record each observation of a Southern Resident killer whale that they make; and
  3. (c) ensure that the authorization flag provided by the Minister is visible on the vessel at all times when the vessel is in the waters in respect of which the authorization was issued.

Prohibition on advertising

(2) After an authorization is issued under subsection 11(1), the person or organization that submitted the request for the authorization must not refer to sightings of Southern Resident killer whales when offering or promoting commercial whale-watching excursions or commercial ecotourism excursions.

Repeal

13 The Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2023, made on May 31, 2023, is repealed.

Coming into Force

June 1, 2024

14 This Interim Order comes into force on June 1st, 2024.

Schedule 1

(Subsections 3(1), 4(1), 5(1), 6(1) and 11(1) and paragraph 11(2)(a))

Waters Subject to Certain Prohibitions

The waters subject to the prohibitions referred to in sections 3 to 6 bounded by a line

beginning at
50°03.807’N
124°50.610’W
[Sarah Point];
then to
49°52.486’N
124°33.903’W
[north Powell River];
then to
49°52.426’N
124°33.912’W
[south Powell River];
then to
49°46.436’N
124°16.815’W
[north Jervis Inlet/Thunder Bay];
then to
49°44.262’N
124°13.260’W
[south Jervis Inlet];
then to
49°43.838’N
124°12.572’W
[north Blind Bay];
then to
49°43.018’N
124°11.228’W
[south Ballet Bay];
then to
49°39.450’N
124°05.148’W
[west Agamemnon Channel];
then to
49°39.313’N
124°04.355’W
[east Agamemnon Channel];
then to
49°19.301’N
123°08.888’W
[north Burrard Inlet];
then to
49°18.775’N
123°08.882’W
[south Burrard Inlet];
then to
49°15.608’N
123°15.755’W
[Cowards Cove];
then to
49°15.173’N
123°16.247’W
[east Sea Island];
then to
49°15.455’N
123°16.795’W
[north Sea Island];
then to
49°12.853’N
123°13.338’W
[south Sea Island];
then to
49°11.205’N
123°12.225’W
[north Swishwash Island];
then to
49°10.425’N
123°12.023’W
[south Swishwash Island];
then to
49°07.853’N
123°12.037’W
[Steveston];
then to
49°06.128’N
123°19.335’W
[north Strait of Georgia];
then to
49°05.368’N
123°19.342’W
[south Strait of Georgia];
then to
49°07.058’N
123°11.647’W
[Fraser River];
then to
49°06.532’N
123°11.232’W
[Westham Island];
then to
49°04.062’N
123°09.410’W
[south Canoe Passage];
then to
49°03.487’N
123°08.493’W
[Roberts Bank];
then to
49°00.132’N
123°05.460’W
[Boundary Bluff];
then adjacent to the United States border until
48°14.200’N
125°44.500’W
[southern boundary of the critical habitat of the Southern Resident killer whale];
then to
48°41.700’N
126°17.783’W
[northwest boundary of the critical habitat of the Southern Resident killer whale];
then to
48°59.685’N
125°40.152’W
[Quisitis Point];
then to
48°55.253’N
125°32.517’W
[Amphitrite Point];
then to
48°56.076’N
125°31.372’W
[Stuart Bay];
then to
49°01.238’N
125°02.383’W
[Hi’tatis];
then to
48°46.985’N
125°12.587’W
[Cape Beale];
then to
48°39.645’N
124°49.205’W
[west Clo-oose Bay];
then to
48°39.485’N
124°48.648’W
[east Clo-oose Bay];
then to
48°33.703’N
124°27.812’W
[west Port San Juan];
then to
48°33.110’N
124°25.742’W
[east Port San Juan];
then to
49°59.092’N
125°13.390’W
[Campbell River];
then to
50°03.807’N
124°50.610’W
[Sarah Point].

Schedule 2

(Subsection 7(1), paragraphs 7(2)(a) and (b), subsection 8(1) and paragraph 11(2)(b))

Interim Sanctuary Zones

1. Saturna Island

The waters off Saturna Island bounded by a line

beginning at
48°47.150’N
123°02.733’W
[northern boundary of East Point (shoreline)];
then to
48°47.367’N
123°02.915’W
[Tumbo Channel];
then to
48°47.617’N
123°02.483’W
[northwest boundary (east of Tumbo Point)];
then to
48°47.473’N
123°01.975’W
[northeast boundary (Boiling Reef)];
then to
48°46.558’N
123°03.147’W
[Boundary Pass];
then to
48°46.333’N
123°03.805’W
[southeast boundary];
then to
48°46.350’N
123°05.150’W
[southwest boundary (Narvaez Bay)];
then to
48°46.683’N
123°05.150’W
[Fiddlers Cove];
then to
48°47.150’N
123°02.733’W
[northern boundary of East Point (shoreline)].

2. Pender Island

The waters off Pender Island bounded by a line

beginning at
48°45.817’N
123°19.300’W
[northwest boundary];
then to
48°46.217’N
123°18.867’W
[northeast boundary];
then to
48°44.167’N
123°13.917’W
[southeast boundary];
then to
48°44.153’N
123°15.517’W
[southwest boundary];
then to
48°45.817’N
123°19.300’W
[northwest boundary].

Schedule 3

(Subsections 9(1) and 10(1))

Speed-Restricted Zones

1. Mouth of the Nitinat River

The waters of the mouth of the Nitinat River bounded by a line

beginning at
48°42.377’N
125°00.000’W
[northwest boundary];
then to
48°36.683’N
125°00.000’W
[northwest boundary (Swiftsure Bank)];
then to
48°36.683’N
124°45.083’W
[southeast boundary (Carmanah Point)];
then along the coastline to
48°42.377’N
125°00.000’W
[northeast boundary].

2. Swiftsure Bank

The waters off Swiftsure Bank bounded by a line

beginning at
48°34.000’N
125°06.000’W
[northwest boundary];
then to
48°32.100’N
125°01.760’W
[southwest boundary];
then to
48°32.100’N
124°49.545’W
[southern boundary (traffic separation scheme lane)];
then to
48°32.017’N
124°46.593’W
[southern boundary (traffic separation scheme lane)];
then to
48°31.150’N
124°43.483’W
[southeast boundary];
then to
48°35.717’N
124°43.067’W
[northeast boundary];
then to
48°34.000’N
124°54.190’W
[northern boundary];
then to
48°34.000’N
125°06.000’W
[northwest boundary].
 

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