“Is that boat operated by a whale watching company?” I asked, as we peered at Orcas through the fog-shrouded waters of Vancouver Island’s Johnstone Strait.

 “Yes,” our interpreter said. Hesitating, she continued, “But they don’t always adhere to the rules for watching whales.” I wasn’t surprised at this news; the boat did not carry any indentifying logos, the passengers seemed crammed into a small space, and they were too close to the whales. It looked more like a craft out for a spin, than a professional whale tour boat.

Canada’s growing whale watching industry has many reputable tour companies, but there are others trying to capitalize on the economic opportunities without adhering to legislation or best practices. Customers may be able to watch out for their needs and safety, but who looks out for he whales?

The Canadian government has taken a huge step forward with new Species of Risk legislation. Whale watching companies can now be charged if they engage in behavior that harms whales. As well, the Marine Mammals Regulations of the Fisheries Act is being modified to include unacceptable viewing behaviors, for example, the use of acoustic harassment devices.

Prior to these developments, the conduct of whale watchers fell under voluntary guidelines from organizations such as North Island Marine Mammal Stewardship Association (NIMMSA) http://www.nimmsa.com/ and the Whale Watchers Association Northwest http://www.nwwhalewatchers.org/news.html. The new legislation will provide some teeth to whale watching conduct and standards. While the number of people charged to date under the new legislation is small, it is progress.

Helping government agencies is Strait Watch (www.straitwatch.org), a non-profit organization that observes whale watching behavior in the Johnstone, Haro and Juan de Fuca Straits, and report violations to the government. Meager funding means they cannot observe every tour, but their potential presence keeps companies on their toes. Consumers aware of the guidelines have also reported violations, providing more monitoring of whale watching activities.

For more information on the regulations visit http://www-comm.pac.dfo-mpo.gc.ca/pages/consultations/marinemammals/mmr-update_e.htm

Carol Patterson, Kalahari Management