On February 6, a Ucluelet, B.C. resident was convicted in provincial court for paddleboarding too close to a pod of wild killer whales.
Alexander Wolf, the presiding judge, found that the resident, Christie Jamieson, had breached the federal Fisheries Act by getting within 200 metres of the whales. Wolf sentenced Jamieson to a fine of $2,500.
This was the first conviction in Canada of a human-powered vessel breaking the country’s Marine Mammal Regulations. Although, this type of incident is becoming more common, says Kirsty Walde, the chief of emerging programs enforcement for Canada’s Department of Fisheries and Oceans (DFO).
In August, the DFO charged a Vancouver film company for flying drones in close proximity to killer whales, and in December it charged a PWC operator for getting too close to dolphins.
“The nuance to this case is that the vessel was human powered,” says Walde.
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Jamieson’s incident occurred four years ago. On January 19, 2021, a pod of transient killer whales—otherwise known as Bigg’s killer whales, considered threatened under Canada’s Species at Risk Act—swam into Ucluelet Harbour on the west side of Vancouver Island, just south of Tofino. The whales were in the bay for an extended period of time. Walde says there were two calves with the pod and it’s likely the adults were teaching them how to forage for food.
Members of the public came out to watch the whales from the town’s shoreline. This is when Jamieson grabbed her paddleboard and launched into the water, heading straight for the killer whales. “She was well within that prohibited bubble of space,” says Walde. “In some cases, I understand that she was as close as 50 metres.”
Bystanders caught Jamieson on camera paddleboarding next to the killer whales. Concerned for her safety, several members of the public reported the incident to DFO’s observe, record, and report hotline. “There was no life jacket,” says Walde, “and these are very large and wild and unpredictable animals. The potential for danger is extreme.”
Local fishery officers from the Tofino detachment were dispatched to investigate the incident. They found that Jamieson had violated Canada’s Marine Mammal Regulations.
Under the regulations, vessels and aircrafts (including drones) must stay a set distance from whales, dolphins, and porpoises. The distance changes depending on location and the species. In most instances, a vessel must stay at least 200 metres away from a marine mammal. But this extends to 400 metres around killer whales in southern B.C. coastal waters between Campbell River and just north of Ucluelet. Vessels must also stay 400 metres away from all endangered and threatened marine mammals in the St. Lawrence Estuary.
As for aircrafts, they can’t be operated at an altitude of less than 304.8 metres within a radius of one-half nautical mile from a marine mammal.
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This is mostly to protect the animals from humans. Close encounters with vessels have been shown to negatively impact the behavioural state of marine mammals. Killer whales, for instance, rely on stealth and passive listening to detect prey. Acoustic disturbances from vessels can impact their ability to find food. Plus, many of these species are already suffering from high levels of chemical contaminants in the water and changes in prey availability.
Walde acknowledges that a marine mammal could unintentionally surface within 200 metres of your vessel. If this happens, you won’t be charged as long as you take steps to ensure the safety of the animal.
The first step is to always be on the lookout for marine mammals. Walde suggests scanning for spouts of water coming from a blowhole. If you see a marine mammal, turn off your motor when it’s safe to do so, or stop paddling if you’re in a human-powered craft. Wait for the marine mammal to clear the area. If you’re fishing, don’t pull up your gear. Hauling your fishing gear up can teach marine mammals to associate it with food.
If you do see someone approaching or acting unsafe around a marine mammal, you can contact the DFO through its observe, record, and report marine mammal incident hotline at 1-800-465-4336, or email the department at DFO.ORR-ONS.MPO@dfo-mpo.gc.ca.
“We never have enough officers, and we can’t be on the water at all times to help protect these whales,” says Walde. “Individuals that are willing to call and utilize that line and be potential witnesses are really helpful to us to be able to follow up on these types of incidences.”
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