Government of Canada’s approach to addressing the imminent threats to Killer Whale, Northeast Pacific southern resident population

Purpose

As required under subsection 80(2) of the Species at Risk Act (SARA), the Minister of Fisheries, Oceans, and the Canadian Coast Guard, and the Minister of the Environment, in his role as the Minister responsible for the Parks Canada Agency, recommended the making of an Emergency Order to provide for the protection of the Killer Whale, Northeast Pacific southern resident population (henceforth Southern Resident Killer Whale). At this time, the Government of Canada has declined the making of an Emergency Order. Instead, incremental measures will be pursued under other legislation.

Background

The Southern Resident Killer Whale is a critically endangered iconic species that is facing threats to its survival and recovery. The species has been listed as endangered under SARA since 2003, and only 73 remain.

Since 2018, the Government of Canada has made significant investments via programs such as the Whales Initiative and the Oceans Protection Plan to support recovery efforts and mitigate the impacts of key threats to the Southern Resident Killer Whale and other ocean life. These investments enabled the Government of Canada to implement a suite of regulations and voluntary measures to address the main threats affecting Southern Resident Killer Whale survival and recovery. For example:

• Commercial and recreational salmon fishing closures have been implemented annually to reduce prey competition and physical and acoustic disturbance in key Southern Resident Killer Whale foraging areas. Measures have included timed closures of fisheries in key foraging areas (Strait of Juan de Fuca, Gulf Islands, partial closures at the mouth of Fraser River), and asking fishers to voluntarily stop fishing and not haul gear within 1 km of killer whales
• An Interim Order under the Canada Shipping Act, 2001 has been utilized on an annual basis to execute measures that reduce physical and acoustic disturbance to Southern Resided Killer Whales, including implementing Interim Sanctuary Zones (“no go” zones), restricting vessel speeds in areas frequented by Southern Resident Killer Whale, and prohibiting vessels from impeding the path of Killer Whales. To further reduce the risk of physical and acoustic disturbance to Southern Resident Killer Whale, the Government also implemented an authorization with participating whale watch operators, prohibiting them from offering Southern Resident Killer Whale tours
• Voluntary measures were launched through the Vancouver Fraser Port Authority-led Enhancing Cetacean Habitat and Observation (ECHO) Program, which have led to reductions in both acoustic and physical disturbance, including underwater noise from commercial vessels in portions of Southern Resident Killer Whale critical habitat
• The mandatory approach distance for Pacific Killer Whales has been increased to 400m annually since 2019 under an Interim Order of the Canada Shipping Act, 2001
• The Marine Mammal Desk was created to report on whale sightings in near real time and advises vessel traffic by providing enhanced situational awareness of the activities of SRKW
• The manufacture, use, sale and import of specific substances that are toxic to whales, including the Southern Resident Killer Whale, has been prohibited via the pre-publication of amendments to the Prohibition of Certain Toxic Substances Regulations, 2012

It may take a long time, even decades, to observe the biological effects of these measures, as Southern Resident Killer Whales are long-lived animals that reproduce slowly, and their recovery is expected to take time.

Decision under section 80 of SARA

On November 29, 2024, the Minister of Fisheries, Oceans, and the Canadian Coast Guard, and the Minister of the Environment, in his role as the Minister responsible for the Parks Canada Agency, announced that they had formed the opinion that the Southern Resident Killer Whale continues to face imminent threats to its survival and recovery and confirmed three key threats to the population: acoustic and physical disturbance, reduced prey availability, and environmental contaminants. Having formed that opinion, the Ministers recommended – as they are obliged to do under SARA – that an Emergency Order be made.

The Government of Canada’s decision was to decline to make an Emergency Order under section 80 of SARA for the protection of the Southern Resident Killer Whale.

This decision was informed by the purposes of SARA and the expected effectiveness of measures and activities that have been taken and continue to be taken by the Government of Canada and other organizations, consistent with the Recovery Strategy and Action Plan, to address the threats to Southern Resident Killer Whale and its critical habitat. It has been determined that the most effective approach is to continue to manage human activities without making an Emergency Order, using existing legislative tools and non-regulatory measures. The decision also took into account social, economic, policy and other factors, and the broader public interest.

Collaborative approach to address the recovery of the Southern Resident Killer Whale

The Government of Canada uses a combination of legislative authorities available under the Fisheries Act, the Canada Shipping Act, 2001 and the Canadian Environmental Protection Act, 1999, as well as non-regulatory measures, to address the key threats to the Southern Resident Killer Whale. To address the imminent threats to Southern Resident Killer Whale survival and recovery, the following new regulatory and non-regulatory measures are proposed*:

1. with respect to acoustic and physical disturbance
   1. Increasing approach distance to 1000 metres for Southern Resident Killer Whales through amendments to the Marine Mammal Regulations under the Fisheries Act
   2. The Government of Canada also plans to identify interim underwater noise objectives within Southern Resident Killer Whale critical habitat. The establishment of interim underwater noise objectives would serve as a benchmark and an important step in being able to take further action and to measure progress towards managing noise in the Salish Sea
2.  with respect to prey availability
   1. Adjustments to the Southern Resident Killer Whale commercial and recreational salmon fishing closures for 2025 and/or 2026 will be considered and consulted on under the Fisheries Act to increase protections temporally and/or spatially in Southern Resident Killer Whale key foraging areas
   2. Chinook salmon rolling fishing closures for 2025 and/or 2026 will be considered and consulted on under the Fisheries Act
3. with respect to environmental contaminants
   1. Phased-in prohibitions on the discharge of washwater from exhaust gas cleaning systems, or scrubber systems, in Southern Resident Killer Whale critical habitat under the Canada Shipping Act, 2001

* The exact scope and implementation of any regulatory measures will be informed by consultations with directly affected First Nations, Wildlife Management Boards, industry stakeholders, and other affected parties.

The Government will also continue collaboration with the Vancouver-Fraser Port Authority-led ECHO Program to implement voluntary measures to reduce underwater noise from large commercial vessels. Voluntary initiatives such as the vessel slowdowns have achieved high participation rates and demonstrated reductions in underwater noise.

Southern Resident Killer Whales are long-lived and reproduce slowly. Their recovery is a long-term goal requiring decades of effort and monitoring. The Government of Canada will continue to work in collaboration with Indigenous groups, Wildlife Management Boards, other governments, and stakeholders to promote activities that contribute to the survival and recovery of the Southern Resident Killer Whale.

Consultation

The Government of Canada will conduct consultations on proposed regulatory measures with directly affected First Nations, Wildlife Management Boards, stakeholders, and other affected parties. The consultations are intended to seek feedback on the scope of these measures and identify and mitigate, to the extent possible, potential impacts.

The Government of Canada will also be considering feedback received from previous consultations and engagement, including consultations on the proposed Marine Mammal Regulations Amendments and previous consultations held with First Nations and Wildlife Management Boards.

Contact us

If you wish to provide any comments or have questions related to this notice, please submit them to:
Species at Risk Program
Fisheries and Oceans Canada
200 Kent St
Ottawa, Ontario
K1A 0E6
DFO.NCRSARA-LEPRCN.MPO@DFO-MPO.GC.CA