2002 Submission to DFO re Amendments to Marine Mammal Regulations (Whale Watching provisions)

Licensing is an obviously touchy subject with the whale watching industry, especially the segment of the market that operates out of Victoria. The industry feels that it regulates itself quite well, and that it is being used as a scapegoat by DFO for all the other pressures faced by southern resident orcas, including noise and pollution caused by cargo vessels and industry, deficiencies in their food supply, and intrusion by pleasure craft. On top of all these valid concerns, there is also the very important consideration that a purely Canadian solution to the problem will not work, since the industry is largely concentrated within Canada, whereas the whale watching takes place for the most part within American waters, such as around San Juan Island. Clearly, international cooperation in the form of an international treaty will be required if any regulations are to be enforceable on both sides of the border.

Moreover, it is not entirely clear that the whale watching fleet, which consists largely of Rigid Inflatable Boats (RIBs) is a threat to the southern resident orca community. However, any reasonable person, observing the fleet as it pursues and follows the orca pods on any given summer day, would probably conclude that this kind of repeated activity, for up to sixteen hours per day, seven days per week over the course of the summer, cannot be doing the whales any good. On the contrary, one would think that there is a strong likelihood that the combination of noise, activity and general distraction caused by these vessels can only add to the stress levels of these endangered creatures. This being the case, a precautionary approach is called for.

In the opinion of this author, two possible scenarios can be envisaged to protect the whales from the potentially negative effects of commercial whale watching activities:

Obviously, the moratorium option is the more dramatic of the two; it could have devastating economic effects on the tourism industry, and may not have any discernible effect on the wellbeing of the whales themselves. Moreover, commercial whale watching is only half the problem: pleasure craft are the other half of the equation, and unless the intrusive behaviour of this community is dealt with somehow, it may simply fill much of the gap left by the disappearance of the commercial whale watching fleet.

A licensing system is undoubtedly the only way to govern the industry as a whole. Serious consideration needs to be given to limiting the number of vessels ( commercial and pleasure) in the presence of the whales at anyone time, the size of each vessel, and their type. For instance, it may make sense to have a few larger, semi- enclosed vessels with say, twin decks for observing the whales, than dozens of noisy RIBs ( which may even be half empty! ) in the vicinity. In other words, if, say, two hundred people can get to see the whales from three or four floating platforms instead of maybe thirty zodiacs, this may in the long-run have a beneficial effect on the whales.

The advantage of this kind of sectoral approach to licensing is that it looks at managing the industry as a whole, whereas simply licensing existing operators adds little to what is occurring out there on the water at the present time. In short, the industry regulates itself more or less effectively at the present time, under the existing guidelines. However, the existing regime may be inadequate to protect the whales. Under the existing guidelines, for instance, there appears to be little authority to limit the numbers, size and type of vessels involved in whale watching at any given time.

In short, I support the proposal to amend the marine mammal regulations, and in particular the provision to allow the Minister to set conditions concerning "...the type, size and number of vehicles that are permitted to be used", as stipulated in Section 46(d). Such an approach, though it may be regarded as extreme by the whale watching industry, is much less devastating than an all-out moratorium on commercial whale watching, which the precarious status of the southern resident community would seem to call for, were it not for the potentially catastrophic economic impact this could have on the tourism industry. By the same token, unless serious steps are taken to protect the orcas by whatever means we have at our disposal, future generations may not have any whales to observe. For this reason, we all need to step back and take a long-term view, and consider a strategy which is ultimately beneficial to both the whales and the economy.

Thank you for the opportunity to participate in this important and timely consultation process.

Sincerely,

Gerald Graham, Ph. D.

Worldocean Consulting Ltd

Victoria

Tel. 250-480-5580

Worldocean Consulting Ltd