Protecting killer whales in the waters of southern British Columbia, 2024 - SSB No.: 27/2024

This bulletin replaces Ship Safety Bulletin No. 13/2023

Scope

This bulletin is for all vessels, including pleasure craft, that are navigating the waters of southern British Columbia.

This bulletin doesn’t apply to:

• a vessel or person in distress, or helping a vessel or person in distress
• a vessel or a person responding to a pollution incident
• a vessel or a person avoiding an immediate or unforeseen danger
• a vessel or an employee of the Government of Canada or a peace officer who is working, a person who is helping them or is present at the request of the Government of Canada, or vessels carrying these people

Purpose

This bulletin describes vessel requirements under the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2024, which came into force June 1, 2024.

Context

Southern Resident killer whales are listed as endangered under the Species at Risk Act. They’re vulnerable to underwater noise and physical disturbances from marine vessels. Some waters in southern British Columbia are critical feeding sites for the Southern Resident killer whales. Vessels can impact the whales’ ability to find food and communicate with each other.

The Minister of Transport issued the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2024 because of these threats and to support the survival and recovery of the Southern Resident killer whales.

The measures listed in this Interim Order were developed to reduce the impacts of vessel noise and other disturbances on the Southern Resident killer whales and create a temporary refuge for them. See Figure 1 for details.

What you need to know

All vessels must stay at least 400 metres away from all killer whales. Do not position your vessel in the path of a killer whale.

There are 2 speed restricted zones and 2 interim sanctuary zones at Saturna Island and Pender Island.

There is a new voluntary speed reduction zone in Tumbo Channel (Figure 2). All vessels are asked to stay under a speed of 10.0 knots over ground when safe to do so.

400 metres approach distance

This ban came into effect on June 1, 2024, and will be in place until May 31, 2025.

Vessels must stay at least 400 metres away from any killer whale in:

• the Salish Sea south of Campbell River (Figure 1)
• the waters that are their critical habitat (Figure 1)

This ban doesn’t apply to vessels in transit (travelling directly from one point to another), or to people doing certain authorized activities under the Species at Risk Act, Marine Mammal Regulations, or Fishery (General) Regulations.

Commercial whale watching and ecotourism businesses may receive an authorization from Transport Canada to be between 200 metres and 400 metres of killer whales other than Southern Resident killer whales.

If you have questions about these authorizations, please email TC.QuietShips-Naviressilencieux.TC@tc.gc.ca.

Prohibition against positioning vessels in the path of a killer whale

This prohibition is in effect from June 1, 2024, to May 31, 2025.

Vessels must not place themselves in the path of a killer whale in the waters indicated in Schedule 1 of the Interim Order.

This measure doesn’t apply to vessels:

• at anchor or aground
• not under command as defined in Rule 3(f) of Schedule 1 to the Collision Regulations
• with restricted ability to manoeuvre as defined in Rule 3(g) of that schedule
• constrained by their draught as defined in Rule 3(h) of that schedule
• conducting activities authorized under the Species at Risk Act, Marine Mammal Regulations, or Fishery (General) Regulations

Interim sanctuary zones

The interim sanctuary zones are in effect from June 1, 2024, to November 30, 2024.

Vessels are banned from navigating in 2 interim sanctuary zones (Figure 2), which include waters:

• off the southwest coast of North Pender Island (Figure 2)
• off the eastern tip of Saturna Island (Figure 2)

This measure doesn’t apply to:

• local traffic that is accessing a home, business or any other establishment providing a service, and is travelling:
  • directly between Pender Island and Saturna Islands
  • between one of those islands and a location beyond the interim sanctuary zones or a mooring buoy within those zones
  • between a mooring buoy in the zones and a location beyond those zones, if travelling within an interim sanctuary zone is the only practical option (for example, to access a home or business that cannot be reached by road)
• human powered vessels navigating the 20-meter transit corridor alongside the Pender and Saturna Island zones (See Figure 2 and Figure 3 for more information)
• people and vessels  conducting certain authorized activities under the Species at Risk Act, Marine Mammal Regulations, or Fishery (General) Regulations
• people and vessels fishing under a license issued under the Aboriginal Communal Fishing Licences Regulations for food, social or ceremonial purposes, or for domestic purposes under a treaty within the meaning of Section 35 of the Constitution Act, 1982
• Indigenous peoples and vessels exercising an existing right, other than fishing, for non-commercial purposes under Section 35 of the Constitution Act, 1982

Speed Restricted Zones

The speed restricted zones are in effect from June 1, 2024, to November 30, 2024.

All vessels, including pleasure craft, must stay under a speed of 10.0 knots over ground in the two speed restricted zones near Swiftsure Bank (Figure 3), when safe to do so.

This speed limit doesn’t apply vessels without a motor.

Voluntary Speed Reduction Zone

The voluntary speed reduction zone is in effect from June 1, 2024, to November 30, 2024.

All vessels are asked to stay under a speed of 10.0 knots over ground in Tumbo Channel (Figure 2), when safe to do so.

NAVWARN broadcasts

The Canadian Coast Guard issues and publishes NAVWARNs:

• by radio, and
• on their Navigational Warnings site

As a mariner, you must make sure you have accurate and up-to-date information about the measures to protect Southern Resident killer whales as outlined in NOTMARs and NAVWARNs.

Compliance and enforcement

You must comply with this Interim Order and any NAVWARNs broadcast and published by the Canadian Coast Guard related to this Interim Order.

Any person or vessel that does not comply with this Interim Order may:

• face an administrative monetary penalty of up to $250,000
• be fined up to $1 million
• be sent to prison for up to 18 months upon summary conviction

Report a killer whale in distress

If you see an injured, stranded, entangled or dead killer whale, please contact:

• BC Marine Mammal Response Network: 1-800-465-4336
• VHF Channel 16

Figure 1: 2024 Measures to protect Southern Resident killer whales

This map is for visual representation only and must not be used for navigation or enforcement.

Figure 2: Interim Sanctuary Zones – Saturna Island and Pender Island Interim Sanctuary Zones

This map is for visual representation only and must not be used for navigation or enforcement.

Figure 3: Swiftsure Bank management measures – Speed Restricted Zones^{Footnote 1}

This map is for visual representation only and must not for navigation or enforcement.

Keywords:

1. Southern Resident Killer Whales
2. Minimum approach distance
3. Interim Sanctuary Zones

Questions concerning this Bulletin should be addressed to:

Contact us at: Email: marinesafety-securitemaritime@tc.gc.ca or Telephone: 1-855-859-3123 (Toll Free).