Consultation summary - Overview of the Government of Canada consultations on proposed Southern Resident Killer Whale recovery management measures for 2023

On this page

• Background
• Consultation process
• Consultation summary
  • Southern Resident Killer Whale consultation email inbox
  • Feedback themes from engagement and consultation
• Long-term actions in support of Southern Resident Killer Whale recovery

Background

Southern Resident Killer Whales were listed as Endangered under the Species at Risk Act (SARA) in 2003. They are an iconic species and supporting their recovery is a key priority for the Government of Canada. In 2018, it was determined that Southern Resident Killer Whales are facing imminent threats to their survival and recovery. In support of their recovery, a number of management measures were implemented, beginning in 2018 and again in subsequent years, including fishery closures, Interim Sanctuary Zones, vessel Speed Restricted Zones, increased vessel avoidance distances and voluntary measures for fish harvesters and vessels on the water in the presence of whales.

Fisheries and Oceans Canada (DFO), Transport Canada (TC), Environment and Climate Change Canada (ECCC) and Parks Canada (PC) worked with Indigenous groups (including through the Multi-Nation Group), the Indigenous and Multi-Stakeholder Advisory Group (IMAG), the Southern Resident Killer Whale Technical Working Groups (TWGs), stakeholders, and the public to inform the development of the 2023 management measures to address the threats of reduced prey availability (primarily Chinook salmon) and physical and acoustic disturbance by vessels to Southern Resident Killer Whale recovery. The development of management measures for 2023 was informed by lessons learned from previous years’ measures, existing and new science and information, recovery efforts underway in the US, and alignment with other Government of Canada processes such as the southern BC Salmon Integrated Fisheries Management Plan. Additionally, the Government of Canada continued partnering with the Vancouver Fraser Port Authority’s (VFPA) Enhancing Cetacean Habitat and Observation Program (ECHO) to support the development of measures for large commercial vessels.

Consultations with Indigenous groups, stakeholders, and the public on Southern Resident Killer Whale 2023 management measures were conducted jointly by DFO, TC, ECCC and PC. Here is a list of management measures for 2023.

Consultation Process

In 2023, feedback on the proposed measures was received through a variety of forums including bilateral and multilateral meetings; correspondence from Indigenous groups, local communities, sectors, and other stakeholders; an online public survey; and a dedicated email inbox to receive feedback on the proposed suite of 2023 management measures.

Engagement and consultation on the development of the 2023 management measures was conducted from September 2022 to February 2023 with Indigenous groups and stakeholders potentially impacted by the management measures, as well as with the public through an online survey. The first phase of consultations involved reviewing the 2022 management measures and receiving feedback on the potential 2023 management measures from Indigenous groups, stakeholders, and the TWGs. The second phase of consultations sought input and feedback on the proposed suite of 2023 management measure options to help inform the Ministers in their decision-making process.

Consultation Summary

Southern Resident Killer Whale email inbox

Input on the proposed management measures for 2023 was directed to a single dedicated e-mail inbox (DFO.SRKW-ERS.MPO@dfo-mpo.gc.ca). Additional feedback was collected through the other venues of the engagement and consultation process (listed above).

Approximately 46 written responses were received, providing comments on the proposed suite of 2023 management measure options. The comments received varied, with many expressing concerns regarding socio-economic impacts from proposed fishing closures, many sharing their support for alignment with the US regarding the proposed change to the vessel avoidance distance, and some calling for greater protection of Southern Resident Killer Whales and their foraging areas. See “Feedback Themes” for more information.

Public Survey

The consultation website was available from January 19 to February 19, 2023, and included an online survey to provide written feedback on the proposed management measures for 2023. The survey questions asked participants which measure options they most supported and why; whether the proposed measures would benefit or impact their economic, environmental, cultural and/or social interests; feedback on education and outreach efforts; as well as a request for any additional feedback on the measures or recovery efforts.

A total of 1409 online survey responses were received. Feedback varied: overall, respondents were supportive of Southern Resident Killer Whale recovery, and many respondents were supportive of management measures, either status quo (same as the previous year) or with greater protections; however, many respondents identified socio-economic concerns with the all of the measures and called for more research to support management actions. Additionally, some concern was expressed to include an option for measures of “do not support” instead of including this feedback in the general feedback option of the survey.

Feedback themes from engagement and consultation

Overall, there were five common themes to the majority of feedback submitted as part of the engagement and consultation process. The themes include: protection of Southern Resident Killer Whales; cultural significance; socioeconomic impacts; efficacy of the measures; and additional feedback regarding other protection actions and longer-term efforts to support population recovery.

The following is a summary of comments and recommendations received:

• Majority support for the implementation of protection measures aimed at Southern Resident Killer Whale recovery, along with general interest to support recovery due to the cultural significance of the population to Indigenous peoples and British Columbians.
• Mixed support for the continuation of the 400m approach distance and strong support for the voluntary measures.
  • Concern expressed regarding the northern boundary of the avoidance distance measure near Campbell River, and interest to adjust the boundary to benefit other cetaceans, encourage compliance considering the tides in that area, and align with other boundaries (such as the Pacific Fisheries Management Areas).
  • Strong concern regarding commercial whale watching and ecotourism companies’ use of the ‘Authorized Vessel’ flag, permitting them to get closer to non-Southern Resident Killer Whales (between 200m and 400m) thereby increasing disturbance to other ecotypes. Conversely, strong concern regarding potential economic impacts of eliminating the Sustainable Whale Watching Authorization program.
• Mixed support for the continuation of the Interim Sanctuary Zones in the Southern Gulf Islands.
  • Both support for expanding the zones and making them year-round, and conversely, for reducing or eliminating the zones.
  • Concern that the Interim Sanctuary Zones are not sufficient to protect Southern Resident Killer Whale foraging areas and interest in expanding them geographically (i.e. along the North coast of Saturna Island, through Tumbo Channel, to Boat Passage).
  • Safety concerns regarding the location of the Interim Sanctuary Zones, especially around Boiling Reef at Saturna Island.
• General support for the continuation of the Speed Restricted Zones around Swiftsure Bank.
  • Some support for expanding the zones and making them year-round, and conversely, some support for eliminating the zones.
  • Interest in an exempt corridor along the coast to allow easier access to fishing grounds North and West of the Speed Restricted Zones to address concerns regarding safety and economic impacts of slower speeds and increased travel time.
• Some concern regarding perceived lack of scientific evidence to support the general vessels measures in Southern Resident Killer Whale key foraging areas.
  • Interest in further understanding impacts of vessel presence and underwater noise on Southern Resident Killer Whale behaviour, including foraging, traveling, and communicating.
• Mixed support for commercial and recreational salmon fishing closures in Southern Resident Killer Whale key foraging areas to address the threat of reduced prey availability.
  • Concern that fishing closure options are inadequate to protect Southern Resident Killer Whale foraging areas and should be expanded geographically (especially off the west coast of Vancouver Island and around the mouth of the Fraser River and in the Strait of Georgia) and in place for longer (beginning in April and extending later into the fall such as November).
  • Strong concern regarding the socioeconomic impacts of increased fishing closures off the west coast of Vancouver Island and mouth of the Fraser River in particular to the recreational fishing sector and coastal communities.
  • Some concern regarding the broadscale nature of commercial and recreational salmon fishery closures (i.e., applying to all salmon species), and interest in Chinook-only measures.
    • Noted importance of fishing areas in Southern BC coastal waters and certain areas have limited opportunities to fish for salmon.
  • Some preference for mobile closures or expansion of dynamic closures based on Southern Resident Killer Whale presence (I.e., similar approach in the southern Gulf Islands to implement the salmon closures based on confirmed Southern Resident Killer Whale presence).
    • Some support to adjust the fishing closure protocol in the Southern Gulf Islands to close and reopen based on Southern Resident Killer whale presence; however, conversely, concern that this would cause a communication and compliance challenge for fishers.
    • Some support to maintain status quo (same as previous year) for the closure protocol in the southern Gulf Islands to ensure the measure is protecting the foraging area for the whales and upholding the precautionary approach.
  • Concern regarding displacement of fishing activity due to location of certain closures (such as around Swiftsure Bank) and impacts on the disturbance to whales and socioeconomic impacts to fisheries.
• Some concern regarding perceived lack of scientific evidence to support area-based fishery closures in Southern Resident Killer Whale key foraging areas.
  • Interest in further understanding foraging behaviour in mouth of the Fraser River and southern Gulf Islands, especially as Southern Resident Killer Whales are being observed later in the season in the Strait of Georgia.
• Concern regarding restricting Food, Social and Ceremonial harvest by the proposed salmon closures, and inadequate time for consultation on this potential adjustment. Stressed the importance of Indigenous traditional harvest protection, as it is critical for the community.
  • Additional concern regarding acts of aggression towards Food, Social and Ceremonial harvesters in closure areas, including Interim Sanctuary Zones, and interest in expanding education around the rights-based fishery to inform the public on First Nations’ access.
• Interest in greater transboundary alignment with efforts underway by the United States of America and Washington State, including whale watching licensing and regulations, protection bubbles around Southern Resident killer whales, and salmon fishing restrictions.
• Strong concern regarding the annual-based management measure process, including both limited opportunity for engagement and consultation, and the resulting uncertainty around potential changes each year as it relates the potential impacts on certain sectors and communities.
• Support for additional or alternative salmon enhancement measures to support prey availability and species recovery.
  • Interest in further data on the frequency of salmon-targeted fishing during the non-retention period to better understand impacts from non-retention measures during the spring.
  • Some interest in increasing hatchery production to support prey availability for Southern Resident Killer Whales beyond the Chilliwack River Hatchery Production.
• Some concern of Chinook bycatch during other non-salmonid target fisheries and impacts to prey availability.
• Concern regarding mark selective fishing in Southern Resident Killer Whale critical habitat and conversely, interest in more mark selective fishing opportunities.
• Concern expressed regarding compliance and the effectiveness of the existing monitoring and enforcement approach across all measures (e.g., Automatic Identification System and on-water enforcement). Strong interest to express Guardian Programs to support monitoring and compliance of management measures.
• Interest expressed to further understand and discuss the science that the Government of Canada uses in their decision-making process for the management measures.

Long-term actions in support of Southern Resident Killer Whale recovery

While recent efforts have been largely focused on the development of interim, annual management measures, work is underway to address longer-term actions to protect and support the recovery of Southern Resident Killer Whales. The Government of Canada is continuing to advance long-term actions that address prey availability (such as salmon enhancement, predation considerations, forage fish management and salmon habitat protection and restoration), and physical and acoustic disturbance (such as protected areas, quietening vessels, underwater noise reduction targets, and echo sounder mitigation). The Government of Canada is also advancing actions to tackle the threat of contaminants (such as water and sediment quality guidelines specifically protective of Southern Resident Killer Whales and Chinook salmon, stronger controls on certain substances, and identification of contaminant sources and hotspots).