1,000 m Southern Resident Killer Whale Buffer

Summary#

The federal government is proposing changes to the Marine Mammal Regulations that would set a fixed minimum approach distance of 1 000 metres for the Southern Resident killer whale in Pacific Canadian fisheries waters. The proposal was published March 7, 2026 and is open for public comment for 30 days; it also includes technical clarifications about drones and certain licences.

What it does#

• Raises the approach (no‑approach) distance for the Southern Resident killer whale from 200 metres to 1 000 metres in Pacific Canadian fisheries waters, year‑round.
• Keeps the approach distance for other Pacific killer whale ecotypes at 200 metres.
• Removes approach‑distance language for Pacific killer whales from the annual interim orders used by Transport Canada, consolidating the approach rule in the Marine Mammal Regulations.
• Clarifies that the aircraft disturbance prohibition covers remotely piloted aircraft (drones) by explicitly referencing RPAS in the rules.
• Exempts activities already authorized under the Species at Risk Act from a duplicate aircraft prohibition.
• Makes the authorizing instrument for permitted disturbances clearly a “licence” to aid enforcement, and gives the Minister discretion to deny or grant marine mammal transportation licences (instead of requiring automatic issuance).
• Fixes minor wording and administrative inconsistencies in the Marine Mammal Regulations.
• If finalized, the regulations would come into force on the day they are registered (i.e., immediately on registration).

Note: This is a proposed regulatory amendment, not a final rule. The Canada Gazette notice invites comments for 30 days after publication.

Who's affected#

• Recreational boaters, paddlers and kayakers who might approach whales.
• Commercial whale‑watching and ecotourism operators (including small businesses).
• Coastal communities and coastal Indigenous groups with cultural ties to killer whales.
• Fishers and other marine users, though the proposal says approach distances do not apply to vessels in transit or to stationary vessels (so rights‑based fishing is not expected to be restricted by the distance change).
• Fisheries and Oceans Canada enforcement staff and Transport Canada, because the rules and enforcement responsibilities will be clarified and consolidated.
• The public near southern British Columbia waters where Southern Resident killer whales are found.

The government says the change should not create new costs for most industry groups and that it would align Canada's approach distances with Washington State’s recent buffer for the same population.

Why it matters#

• The Southern Resident killer whale is an endangered, culturally important population with fewer than about 75 individuals; researchers link boat presence and noise to harm and reduced hunting success. A larger buffer is intended to reduce physical and noise disturbance and help recovery.
• Moving the buffer into the Marine Mammal Regulations would make the distance a long‑term rule rather than a temporary measure, which could make enforcement and public messaging simpler and more consistent.
• For people on small boats, kayaks, or using drones, the rule would mean keeping farther away from these whales in Canadian Pacific waters — in practical terms, sightings and photos could become harder from small vessels.
• The proposal also clarifies drone use near marine mammals and tightens how licences and authorizations work, which affects researchers, tour operators, and anyone who moves marine mammal parts between provinces.
• This is still a proposal. The final outcome could change after the public comment period.