Proposed 1,000 m Buffer for SRKW

Summary#

This is a proposal published in Canada Gazette, Part I on March 7, 2026 to change the Marine Mammal Regulations. It would increase the distance people and vessels must keep from the Southern Resident killer whale (SRKW) from 200 metres to 1 000 metres and make a few technical clarifications. The proposal is open for comment for 30 days and is not law yet.

What it does#

• Increase the approach distance in the Marine Mammal Regulations for the Southern Resident killer whale (SRKW) from 200 metres to 1 000 metres in Canadian Pacific fisheries waters, year‑round.
• Keep the approach distance for other Pacific killer whale groups at 200 metres.
• Remove approach distances for Pacific killer whales from the annual interim orders used by Transport Canada (those interim orders currently use 400 metres in southern B.C.), consolidating approach rules in the MMR.
• Clarify that “aircraft” includes remotely piloted aircraft systems (RPAS) (drones), and exempt activities already authorized under the Species at Risk Act (SARA) so people are not required to get duplicate permits.
• Say that authorizations to disturb marine mammals will be issued as a “licence” to help enforcement.
• Give the Minister of Fisheries discretion about issuing marine mammal transportation licences (rather than an automatic requirement to issue them in some cases).
• Make small corrections and wording updates to improve clarity and administration of the Regulations.

Who's affected#

• Recreational boaters, paddlers and kayakers who may encounter SRKWs — they would need to stay farther away.
• Commercial whale‑watching and ecotourism operators; some have said larger buffers could affect their business, though the government’s analysis says no major incremental costs are expected.
• Indigenous groups and coastal communities in British Columbia who have cultural and economic interests in killer whales. The government consulted many First Nations and says rights‑based fishing activities would not be affected because approach distances don’t apply to vessels in transit or stationary fishing activity.
• Fishers and large commercial vessels in transit — the proposal says these activities are generally not affected.
• Enforcement bodies including Fisheries and Oceans Canada’s Conservation and Protection directorate and Transport Canada, which will coordinate on rules and messaging.

If it’s unclear who will be affected by a specific point in the draft, the proposal’s consultation materials and the public comment period are the places the government says people should raise concerns.

Why it matters#

• The SRKW is an endangered population — the proposal notes there are fewer than 75 individuals — and scientists link vessel presence and underwater noise to problems with foraging, communication and reproduction. Increasing the buffer aims to reduce physical and acoustic disturbance.
• A 1 000‑metre buffer would align Canada with nearby U.S. measures (Washington State’s rule uses about 914 metres) and make cross‑border enforcement and messaging simpler for a species that moves between Canadian and U.S. waters.
• For the public, the change would mean giving these whales more space: stay farther back when viewing or boating, and follow updated guidance if the amendments are adopted.
• The rule is proposed, not final. The government says it does not expect major economic impacts, but some whale‑watch operators and stakeholders raised concerns during consultations. The public can comment during the 30‑day consultation window.