Proposed 1,000 m Buffer for Southern Resident Killer Whale

Summary#

The government has published a proposal to change the Marine Mammal Regulations so boats and other small vessels must stay farther from the Southern Resident killer whale in Canadian Pacific waters. The proposal would raise the approach limit from 200 metres to 1,000 metres. The notice was published on March 7, 2026, and comments are invited within 30 days.

What it does#

• Raises the official approach distance in the Marine Mammal Regulations for the Southern Resident killer whale from 200 metres to 1,000 metres in Pacific Canadian fisheries waters.
• Keeps the approach distance for other Pacific killer whale groups at 200 metres.
• Removes approach-distance language for Pacific killer whales from annual interim orders by Transport Canada, so those distances would be managed instead through the Marine Mammal Regulations.
• Explicitly says remotely piloted aircraft systems (drones) are covered by the aircraft disturbance rule.
• Exempts activities already authorized under the Species at Risk Act from duplicate aircraft-related restrictions.
• Clarifies that authorizations to disturb marine mammals are issued as a “licence,” and gives the Minister discretion over issuing marine mammal transportation licences (instead of requiring issuance in some cases).
• Makes other small fixes and wording updates to improve clarity and enforcement.

Who's affected#

• Recreational boaters, kayakers, paddlers and small-vessel operators who might approach whales.
• Commercial whale-watching and ecotourism operators that work in southern British Columbia.
• Coastal communities and Indigenous groups involved in whale stewardship and tourism.
• Fisheries and Oceans Canada and Transport Canada, which coordinate and enforce marine-mammal protections.
• The notice says fishing vessels in transit and stationary vessels are not subject to approach distances, so rights-based fishing activities are not expected to be affected. If anything is unclear about specific activities, the government’s consultation materials would be the place to check.

Why it matters#

• The Southern Resident killer whale population is tiny and struggling (about fewer than 75 individuals). Closer vessels create both physical and noise disturbances that can make it harder for these whales to feed, communicate and reproduce. Increasing the buffer to 1,000 metres aims to reduce those disturbances.
• Moving the long-term approach distance into the Marine Mammal Regulations (rather than relying on short-term Transport Canada orders) is meant to give more stable, clear rules for the public and enforcement agencies.
• The change aligns Canada with recent rules in Washington State (a 1,000-yard (914-metre) buffer for Southern Resident whales), which matters because these whales cross the Canada–U.S. border.
• For people who run or use whale-watching tours, this could change how close vessels may legally operate around Southern Resident whales and may affect how excursions are planned and promoted.