Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2022 - SSB No.: 15/2022

This bulletin replaces Ship Safety Bulletin No. 12/2021

Purpose

This bulletin is to describe vessel requirements under the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2022, which came into force June 01, 2022. The Interim Order applies to all vessels that are navigating in, on or through specific waters in Southern British Columbia, regardless of the method of propulsion.

The Government of Canada has put these measures in place to reduce the acoustic and physical disturbance of vessels on the endangered Southern Resident Killer Whale (SRKW).

Context

SRKW are endangered under the Species at Risk Act and are vulnerable to the activities of marine vessels. Vessels navigating on or through specific waters in Southern British Columbia, some of which are key foraging sites for SRKW, present risks to South Resident killer whales through underwater noise and physical disturbance, which can impact the ability for killer whales to perform critical life processes such as foraging and communication.

Recognizing the imminent threats to the survival and recovery of SRKW, and the increased threat that vessels can bring in the waters of Southern British Columbia, the Minister of Transport issued the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2022. The measures listed within this Interim Order were developed to mitigate impacts of vessel noise and other disturbances, and to help create a temporary refuge for killer whales. See Figure 1 for details.

These protection measures for killer whales are described in the 2022 annual edition of the Notices to Mariners (NOTMARs), which are published by the Canadian Coast Guard (CCG). These measures are broadcast through Navigational Warnings (NAVWARNs), which are published by the CCG’s Marine Communications and Traffic Services (MCTS) Centres.

What you need to know

The measures listed within this Interim Order are a 400 metre approach distance restriction, the establishment of interim sanctuary zones, and the establishment of seasonal slowdown areas. The measures are described below in detail.

400 metres approach distance

These prohibitions came into effect on June 1, 2022 and will be implemented until May 31, 2023.

A vessel, or a person operating a vessel, is prohibited from approaching all killer whales within 400 metres of:

• in the Salish Sea south of Campbell River (Figure 1); and
• in the waters that have been identified as their critical habitat (Figure 1).

These restrictions increase the already existing 200 metre minimum approach distance from SRKW, currently in place under the Marine Mammal Regulations, to a 400 metre minimum approach distance.

Interim Sanctuary Zones

These prohibitions came into effect on June 1, 2022 and will be in place until November 30, 2022.

A vessel, or a person operating a vessel, is prohibited from navigating in two interim sanctuary zones (Figure 2), which includes waters:

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

A 20 metre transit corridor alongside the shoreline of the Pender and Saturna Island Interim Sanctuary Zones will be available to human powered navigating through these areas. See Figure 2 and Figure 3 for more information.

Seasonal Slowdown Areas

All vessels (including pleasure crafts) are restricted to a maximum speed of 10.0 knots over ground in two Seasonal Slowdown Areas near Swiftsure Bank (Figure 3), with the coordinates listed in Schedule 3 of the Interim Order. The Seasonal Slowdown Areas are in effect from June 1 2022 until November 30, 2022.

Exemptions

The following vessels and/or people are exempt from the above approach distance prohibition:

• vessels in transit (e.g., a vessel travelling directly from one point to another);
• vessels in distress or providing help to a vessel or person(s) in distress;
• vessels involved in pollution response operations;
• vessels avoiding immediate or unforeseen danger;
  • An immediate or unforeseen danger includes any situation where immediate or unforeseen weather, mechanical issues, or collision risks require a vessel to go through the interim sanctuary zone because it is the safest or quickest path to safety.
• employees of the Government of Canada or peace officers performing work functions, people helping them, or someone who is assisting them or who is present because they were asked by the Government of Canada;
• people conducting certain authorized activities under the Species at Risk Act, Marine Mammal Regulations, or Fishery (General) Regulations; and
• any vessel with people mentioned above onboard.

The following vessels and/or people are permitted to travel through the interim sanctuary zones:

• local traffic that is accessing a home, business or any other establishment providing a service, and is travelling directly between locations on 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, or 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 in the 20 metre transit corridor alongside the Pender and Saturna Island zones;
• vessels in distress or providing help to a vessel or person(s) in distress;
• vessels involved in pollution response operations;
• vessels avoiding immediate or unforeseen danger;
  • An immediate or unforeseen danger includes any situation where immediate or unforeseen weather, mechanical issues or collision risks require a vessel to go through the interim sanctuary zone because it is the safest or quickest path to safety.

• people conducting certain authorized activities under the Species at Risk Act, Marine Mammal Regulations, or Fishery (General) Regulations;
• people fishing for food, or social, ceremonial or domestic use based on a treaty under section 35 of the Constitution Act, 1982, or with a license issued under the Aboriginal Communal Fishing Licences Regulations;
• indigenous peoples exercising an existing right for non-commercial use, other than fishing, under section 35 of the Constitution Act, 1982;
• employees of the Government of Canada or peace officers performing work functions, people helping them, or someone who is present because they were asked by the Government of Canada;
• vessels carrying any of the above mentioned people.

The following vessels and/or people are exempt from the above seasonal slowdown areas:

• a vessel in distress or providing assistance to a vessel or person(s) in distress;
• a vessel involved in pollution response operations;
• a vessel avoiding immediate or unforeseen danger;
• a vessel that is not operating a motor;
• 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;
• vessels carrying any of the above mentioned people.

Special permissions

For the purposes of commercial whale watching, you can apply for special permission to view non-SRKW from a distance of between 200 metres and 400 metres.

If you would like to apply for permission or have questions, please contact: TC.QuietShips-Naviressilencieux.TC@tc.gc.ca.

If your application is approved, you will get a letter that should be kept on board at all times.

NAVWARN broadcasts

The CCG-MCTS issues and publishes NAVWARNs:

• By radio broadcast; and
• Online at its Navigational Warnings site.

Mariners must ensure they have accurate and up-to-date information about the protection of the SRKW, as in all applicable NOTMARs and NAVWARNs.

Compliance and enforcement

You must comply with the Interim Order made pursuant to the Canada Shipping Act, 2001, and any NAVWARNs broadcast and published by the CCG related to the Interim Order, aimed at regulating the navigation for the purposes of protecting the SRKW, if it applies to you.

If you do not comply with the Interim Order or with the instructions in the NAVWARNs related to the Interim Order, you could face:

• administrative monetary penalties up to a maximum of CAN $250,000; or
• penal sanctions under the Canada Shipping Act, 2001.

Report a killer whale in distress

If you see an injured, stranded, entangled or dead killer whale, contact this toll-free number or VHF channel:

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

Figure 1: Overview of 2022 management measures to protect Southern Resident Killer Whales

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

Description: Overview of management measures to protect Southern Resident killer whales

Overview of management measures to protect Southern Resident killer whales

Juan de Fuca Strait

• Yellow areas, Aug 1 (or following expiry of the chinook non-retention measures) to Oct 31: No recreational or commercial salmon fishing
• Pink area, Jun 1 to Oct 31: The Vancouver Fraser Port Authority Enhancing Cetacean Habitat and Observation (ECHO) Program Juan de Fuca Strait voluntary inshore lateral displacement. Inshore vessels (tugs) move further away from shore into lateral displacement zone

Swiftsure Bank

• Green areas, Jun 1 to Nov 30: Seasonal Slowdown Areas - Vessel speed limited to no more than 10 knots (with exceptions). Specific coordinates can be found in the Interim Order.
• Yellow areas, July 15 (or following chinook non-retention measures) to Oct 31: No recreational or commercial salmon fishing
• Pink area, Jun 1 to Oct 31: The ECHO Program voluntary slowdown trial for inbound and outbound large commercial vessels in Swiftsure Bank: 11 knots or less through the water for bulkers, tankers and government vessels or 14.5 knots or less through the water for container vessels, vehicle carriers, cruise ships

Gulf Islands

• Red areas, Jun 1 to Nov 30: Interim Sanctuary Zones - No fishing or boating (with exceptions).Specific coordinates can be found in the Interim Order.
• Yellow areas, May 27 to Oct 31: No recreational or commercial salmon fishing. Specific coordinates can be found in FN0500.
• Pink area, potentially active between Jun 1 to Nov 30, based on whale presence: The ECHO Program Haro Strait and Boundary Pass voluntary vessel slowdown. Large commercial vessel slowdown: 11 knots or less through the water for bulkers, tankers, ferries and government vessels or 14.5 knots through the water for container vessels, vehicle carriers and cruise ships

Mouth of the Fraser River

• Yellow area, Aug 1 to Sept 30: No recreational or commercial salmon fishing

Orange area

• In effect until May 31, 2023: Stay 400m away from killer whales (with some exceptions) in all southern BC coastal waters between Campbell River and just north of Ucluelet. Specific coordinates can be found in the Interim Order.

Canadian Pacific waters (year round)

• Stay 200m away from all killer whales, except when in southern BC coastal waters between Campbell River and just north of Ucluelet (orange areas)
• Stay 200m away from all whales, dolphins and porpoises when in resting position or with a calf
• Stay 100m away from all other whales, dolphins and porpoises
• Voluntary measures:
  • Voluntary fishing avoidance zone: Stop fishing (do not haul gear) within 1000m of killer whales
  • Reduce speed to less than 7 knots when within 1000m of the nearest marine mammal
  • When safe to do so turn off echo sounders and fish finders when not in use
  • Place engine in neutral idle and allow animals to pass if your vessel is not in compliance with the approach distance regulations

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

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

Description: Gulf Islands management measures

Gulf Islands

• Jun 1 to Nov 30: No vessels or fishing (with exceptions) in the Interim Sanctuary Zones located in a portion of Subarea 18-4 and in portions of 18-5 and 18-11. Human-powered vessels may use a 20 m transit corridor along the shoreline. Specific coordinates can be found in the Interim Order.
• May 27 to Oct 31: No recreational or commercial salmon fishing in Subarea 18-9 and portions of Subareas 18-2, 18-4 and 18-5 due to confirmed sightings of Southern Resident killer whales. Specific coordinates can be found in FN0500.

Figure 3: Swiftsure Bank management measures – Seasonal Slowdown Areas^{Footnote 1}

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

Description: Swiftsure Bank management measures

Swiftsure Bank management measures

• Jun 1 to Nov 30: Vessel speed limited to no more than 10 knots (with exceptions) in the Seasonal Slowdown Areas located in portions of Subareas 21-0, 121-1 and 121-2. Specific coordinates can be found in the Interim Order.
• Jul 15 (or following expiry of chinook non-retention measures) to Oct 31: No recreational or commercial fishing for salmon in portion of Subareas 121-1 and 121-2

Keywords

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

Questions concerning this Bulletin should be addressed to:

AMSD

Transport Canada
Marine Safety and Security
Tower C, Place de Ville
330 Sparks Street, 11^th Floor
Ottawa, Ontario K1A 0N8

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