Consultation summary - Overview of the Government of Canada consultations on proposed Southern Resident Killer Whale recovery management measures for 2024 and 2025

Consultation meetings

The Government of Canada met bilaterally and multilaterally with Indigenous groups and stakeholders beginning in September 2023 until February 2024 to discuss and seek feedback on the proposed management measures for 2024 and 2025.

The Government of Canada met 15 times with Indigenous groups, stakeholders and established Southern Resident Killer Whale advisory and technical working groups in support of the development of management measures for 2024 and 2025.

Public survey

The consultation website was available from January 12 to February 12, 2024, and included an online survey to provide written feedback on the proposed management measures for 2024 and 2025. The survey questions sought any comments and considerations on the proposed measures for 2024 and 2025. A total of 885 online survey responses were received.

Email inbox

Input on the proposed management measures for 2024 and 2025 was directed to a single dedicated e-mail inbox (DFO.SRKW-ERS.MPO@dfo-mpo.gc.ca). Approximately 30 written responses were received between November 26, 2023, and February 15, 2024, providing comments on the proposed suite of 2024 and 2025 management measure options.

Prey availability

Overview

Various Indigenous groups and stakeholders hold differing views on fisheries measures to protect Southern Resident Killer Whales and their prey. While there is general support for management measures that support Southern Resident Killer Whale recovery, there are some concerns regarding the timing, size, and location of the closures. Some have advocated for more extensive closures, while others are uncertain of the use and benefit they are providing to address the threat of reduced prey availability. Shared concerns include socio-economic impacts as well as compliance and safety issues, particularly off the west coast of Vancouver Island. Others call for additional salmon enhancement (i.e. hatchery production), protection of forage fish, and pinniped management. All groups however, shared their support for the longer-term actions to integrate fisheries measures into the Salmon Integrated Fisheries Management Plan process beginning in 2025, thereby supporting more integration and collaboration across salmon fisheries management measures.

Indigenous governments and organizations

Indigenous feedback focused on the broader recovery of Southern Resident Killer Whales and their primary prey, Chinook salmon, advocating for salmon conservation and rebuilding efforts such as increased salmon hatchery production, protection and rebuilding of critical Chinook salmon stocks and their freshwater and marine habitats—particularly those of Fraser River Chinook—protecting forage fish and enhancing pinniped management. They expressed interest in having this process also incorporate more collaboration with other governments, such as the Province of British Columbia and the United States, on salmon rebuilding efforts. Indigenous groups also voiced uncertainty about how data is being translated into effective policy, citing the absence of clear recovery objectives for Southern Resident Killer Whales and Chinook salmon stocks.

Stakeholders

Some groups shared support for expanding salmon fishing closures in alignment with recent Southern Resident Killer Whales behavior and foraging data, including starting closures earlier in the calendar year or having them in place year-round and adjusting boundaries to encompass additional foraging areas. While some expressed their preference for protecting more foraging areas within critical habitat on the west coast of Vancouver Island, others strongly opposed previous and additional closures due to socio-economic, safety, and compliance concerns. The latter supported status quo closures at Swiftsure Bank with a 20-metre fishing corridor along the mouth of the Nitinat River, and support for mobile closures rather than static. In the Juan de Fuca Strait, concerns were shared about enforcement challenges in congested areas and compliance with closure boundaries overlapping popular fishing spots. Boundary adjustments were suggested to provide access to key salmon areas without compromising protection of Southern Resident Killer Whale foraging areas. Socio-economic impacts were a concern in all closure areas, however, more strongly voiced regarding closures off the west coast of Vancouver Island.

Many groups shared concerns regarding the data used to inform management actions. While some questioned the validity of the data, others were concerned that the measures are not keeping pace with current science, or adequately addressing prey availability issues, especially in the mouth of the Fraser River area. Additionally, some groups recommended further studies on SRKW foraging areas such as Active Pass and Tumbo Channel. Concerns were also raised about the ability to measure efficacy of measures, with recommendations to use metrics such as pregnancies and body condition as recovery indicators and triggers for additional in-season measures to restrict Chinook access when whales are in poorer condition. There were also concerns about high Chinook bycatch by trawlers in BC and Alaskan fisheries, as well as skepticism regarding the impact of recreational fishing on Southern Resident Killer Whales. Some shared concern that there are sufficient Chinook stocks to support both the whale population and the recreational sector, particularly in 2024, where Chinook stocks showed a stronger return than in previous years. Additional feedback included additional salmon conservation measures, such as considerations on Coho and Chum stock conservation and restoration, further collaboration with other governments to rebuild salmon stocks, and concerns regarding an absence of clear recovery objectives for Southern Resident Killer Whales and Chinook salmon stocks.

Public

Public feedback on the proposed measures largely fell into two primary perspectives. Many supported the existing salmon fisheries closures and called for additional actions to ensure the necessary protection for Southern Resident Killer Whales and their prey. However, a significant portion of respondents expressed substantial socio-economic concerns regarding restricted access to Chinook salmon due to the current and potential expanded closures. This perspective highlighted the likelihood of negative impacts on local communities and livelihoods that depend on access to salmon, stressing the need to balance environmental protection with human interests.

Physical and acoustic disturbance

Overview

Indigenous groups, stakeholders and the general public hold differing views on the various vessel measures put in place to protect Southern Resident Killer Whales from acoustic and physical disturbance. While there is general support for the management measures that aid in Southern Resident Killer Whale recovery, there are some concerns regarding the timing, size and rigidity of some measures, particularly the Interim Sanctuary Zones and Speed Restricted Zones. Some have advocated for larger zones and year-round prohibitions, while others are uncertain of the benefits the zones are providing to address the threat of physical and acoustic disturbance to Southern Residents when the whales are not present in them. Shared concerns include socio-economic impacts as well as compliance and safety issues, particularly in Swiftsure Bank.

Feedback was also received on the 400 metre approach/avoidance distance measure, and the prohibition of impeding the path measure. It was communicated during this period that longer-term efforts for these measures would be undertaken by the Department of Fisheries and Oceans, through their Marine Mammal Regulations amendment process. All groups shared their support for the continued protection of the species and encouraged longer-term and more permanent actions.

Indigenous governments and organizations

Feedback received from Indigenous Communities and Organizations was overall supportive of the status quo approach for the 2024 vessel measures. Specific concerns were raised relating to anchorages, further clarity on quantitative targets and performance indicators of measures success, increased transparency in decision-making and reporting of how monitoring and enforcement are carried out, and interest in seeing additional protection for other marine mammal species beyond Southern Residents. With regards to the Tumbo Channel Speed Reduction Zone, many indicated support for a mandatory measure, but did see the benefit in trialing a voluntary slowdown while further information and analysis is gathered and completed. Many Indigenous Communities and Organizations do not agree with the authorization for commercial ecotourism and whale watching vessels to view non-Southern Resident Killer Whales at 200 metres, as it could put undue pressure on Transient Killer Whales. Feedback also included clarity on potential impacts these measures could have on section 35 rights, and requests for increased protection and enforcement of Southern Resident Killer Whale measures.

Stakeholders

The majority of stakeholder feedback supported the continuation of the two Interim Sanctuary Zones in the Gulf Islands, the two Speed Restricted Zones at Swiftsure Bank, the 400 metre approach distance and prohibition of impeding the path of a Killer Whale, and the establishment of a new voluntary slowdown in Tumbo Channel. Many encouraged stronger protections, such as increased distances in alignment with the U.S, and year-round implementation for all measures relating to vessel impacts on Southern Residents. Feedback also included an increased effort by the Government of Canada to provide more education and outreach products and information sharing on the measures to increase public awareness. Some stakeholders did raise concerns that increased protections could have on numerous socio-economic implications that need to be considered. Additionally, with respect to the proposed new voluntary slowdown at Tumbo Channel, many stakeholders raised that monitoring and enforcement of the area should be a priority, regardless of if it is mandatory or not.

Public

The majority of public feedback supported the continuation of the two Interim Sanctuary Zones in the Gulf Islands, the two Speed Restricted Zones at Swiftsure Bank, the 400 metre approach distance and prohibition of impeding the path of a Killer Whale, and the establishment of a new voluntary slowdown in Tumbo Channel. Key suggestions included increased education, outreach and communication on the Interim Sanctuary Zones and Speed Restricted Zones, and develop visual markers for the zones’ boundaries. However, a portion of respondents expressed disagreement with the static no-go and speed zones, with some recommendations that they all be in effect only when Southern Residents are present. There was also support for the proposed new slowdown at Tumbo Channel, with comments emphasizing that enforcement of the area should be a priority even if voluntary, and further research is needed.

With respect to the 400 metre approach distance and prohibition of impeding the path measures, many respondents were highly supportive of continuing these as status quo. Many were supportive of the current distance, but were in disagreement with the provision for authorized commercial ecotourism and whale watching vessels to view non-Southern Resident Killer Whales at a distance of 200 metres. The breadth of recommendations indicated that further work needs to be done by the Government of Canada to better inform and educate the general public about the intent of the measures, and further clarify what is exempted and allowable for safety concerns.

Contaminants

Indigenous governments and organizations

ECCC heard that there is interest in better understanding the issue of contaminants entering the environment, their impact to whales and prey, and the actions taken by the Government of Canada and other jurisdictions to reduce the threat of contaminants including the enforcement of environmental legislation. In addition, while efforts continue, we have heard that there has been a scarcity of knowledge exchange, which has created a perceived lack of action by the government. ECCC also heard questions about implementation of measures to address 6PPD-Q and other contaminants entering streams and rivers through stormwater runoff. ECCC intends to continue to address contaminants in the environment through a variety of initiatives, and to provide additional information on actions and work in collaboration to support the recovery of Southern Resident Killer Whales. See Reducing the threat of contaminants to Southern Resident Killer Whales for more information.

Stakeholders

ECCC heard from stakeholders that there is interest in better understanding the issue of contaminants entering the environment, their impact to whales and prey, and the actions taken by the Government of Canada and other jurisdictions to reduce the threat of contaminants including the enforcement of environmental legislation. In addition, questions were received about how we identify where contaminants of concern are coming from and what the resulting enforcement actions would be, and what immediate measures were being made to reduce them in and around SRKW critical habitat. We also heard there is a perceived lack of government action to reduce the threat of contaminants, particularly from industrial or municipal wastewater discharges, agricultural pesticides, contaminated sites, and surface water runoff. ECCC intends to work in collaboration with federal, provincial, Indigenous groups and other stakeholder partners, to provide additional knowledge exchange opportunities as it continues to address contaminants in the environment through a variety of initiatives that will support the recovery of Southern Resident Killer Whales.

Public

No public feedback was received by ECCC in 2023-2024.