First conviction under the new Marine Mammal Regulations sees fine of $2,000 for approaching a whale at a distance of less than 100 metres

News release

Photo of whale just before the illegal interaction with the fishing guide – entered as evidence
Photo of whale just before the illegal interaction with the fishing guide – entered as evidence

December 11, 2019

Prince Rupert, BC — In August 2019, in Prince Rupert Provincial Court, the Honourable Judge George Leven found guide Scott Babcock guilty of a violation under the Marine Mammal Regulations. Justice Leven ordered Mr. Babcock to pay a fine of $2,000. Mr. Babcock also did 2 days of community service in educating the public on boater safety around whales.

The sentence relates to the disturbance of marine mammals that occurred on July 19, 2018 when Mr. Babcock approached a Humpback whale at a distance of less than 100 metres in the Work Channel, 50 kilometres north of Prince Rupert.

This is the first conviction under the amended Marine Mammal Regulations as part of the modernized Fisheries Act. The new regulations significantly strengthen protections for marine mammals.

The Government of Canada is committed to protecting Canada’s wildlife and biodiversity and safeguarding the long-term health and productivity of Canada’s fisheries resources, and the habitat that supports them, for generations to come. Fisheries and Oceans Canada has a mandate to protect and conserve marine resources and to prosecute offenders under the Fisheries Act. It ensures and promotes compliance with the Act and other laws and regulations through a combination of land, air, and sea patrols, as well as education and awareness activities. As part of Fisheries and Oceans Canada’s work to end illegal activity, the Department asks the public for information on activities of this nature or any contravention of the Fisheries Act and regulations. Anyone with information can call the toll-free violation reporting line at 1-800-465-4336, or email the details to

Quick facts

  • The illegal activity was observed by DFO Conservation and Protection fishery officers on patrol in an unmarked vessel.

  • The rules for whale watching and approaching marine mammals provide a minimum approach distance of 100 metres (m) for most whales, dolphins and porpoises, a 200m minimum approach distance for whales, dolphins, and porpoises that are resting or accompanied by a calf, and a 200m maximum approach distance for all Killer Whales in Pacific Canadian waters. The minimum approach distances help to legally protect these animals from human disturbances.

  • Approaching marine mammals too quickly, coming too close or making too much noise can disturb, stress or even harm them. If you see tail, fin or spray, stay far enough away.

  • In Canada, the North Pacific Humpback Whale population was listed as Threatened under the Species at Risk Act  (SARA) in 2005. The population was re-assessed by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) as Special Concern in 2011 and was subsequently legally listed  as Special Concern under SARA in 2017. Humpback Whales are also protected by the Marine Mammal Regulations under the Fisheries Act.

  • As required under SARA for all threatened and endangered species, a recovery strategy for the North Pacific Humpback Whale was completed in 2013. As Humpbacks are now listed as special concern under SARA, a SARA Management Plan for the North Pacific Humpback Whale in Canada will be developed for this population.

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Leri Davies, Strategic Media Relations Advisor
Fisheries and Oceans Canada, Pacific Region
Tel: (604) 666-8675   Cell: 604-612-6837

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