By Maclean Kay, Times Colonist
There are words you use out loud — especially in anger — I can’t print here. It’s a shame, because these words accurately describe certain unpleasant individuals and behaviour. For the sake of this column, let’s substitute the word “fishbag.”
Last week, my parents took my wife and me boating. Just off Otter Bay on Pender Island, we encountered a massive pod of killer whales. There were about five other boats in the vicinity, but only one stuck out. To the boaters we witnessed following the whales from less than three metres: you, my friends, are fishbags.
Full disclosure: After the pod passed, we were approached by a zodiac from Strait Watch. We were on the wrong side of the whales — you should avoid being between the pod and the shore. To get out of their way (good) we headed to the shore side (bad) rather than open water.
Why bad? For one thing, we were hemmed in, unable to stay the requisite 100 metres away when the whales came closer. Rather than cutting through the pod (very bad) to correct the mistake, we deemed it wiser to stay put. We didn’t know, and they were very nice about telling us. Lesson learned.
The fishbags meandering through the pod, coming incredibly close to at least one mother and pup? Obviously not a well-intentioned mistake. What can you do about these guys?
I called the Department of Fisheries and Oceans to ask. Paul Cottrell is their regional marine mammal coordinator. His people are the ones who rescue humpback whales tied up in nets, beached dolphins and orphaned seals.
Harassing whales is no small thing. Set aside the fact they’re a provincial and national symbol and major tourist draw. These are endangered species in need of protection and respect. Following too close places whales close to sharp propeller blades, which can and does result in fatal accidents.
Also, if you’ve ever heard boats underwater, you know how loud they are. Consider what continual, close exposure does to creatures that depend on echo location to hunt.
Research indicates whales (probably) suffer from constant, close boats going fast. “Distance and speed are very important,” says Cottrell, causing unnecessary stress and damaging health. The whales have to expend more energy communicating, and it disrupts their feeding.
Along with several partnering organizations, DFO patrols the waters, and also issues tickets and even makes arrests. But in more serious cases. DFO has found prosecution is sometimes just not possible.
Existing Fisheries Act regulations prohibit disturbing the animals — but what constitutes “disturbance” has never been clearly defined. Even for the most-studied whales on the planet, “disturbance” is a qualitative assessment, not necessarily provable, and it’s not as if whales can testify.
As such, prosecution has been expensive and difficult; Larry Paike, in charge of enforcement for the South Georgia Basin, says there have been cases he believed warranted prosecution, but DFO walked away.
Perhaps as early as next spring, that will change. Working and consulting with scientists, the whale watching industry and others, DFO has been preparing to update Fisheries Act regulations — partly to clearly define what constitutes disturbance.
Regulations will be species-specific, meaning different species won’t be treated the same under the law. They’re also considering other helpful measures, such as requiring whale watching boats to display flags when near whales — indicating to other nearby boats the need to slow down, too. These are good steps.
DFO bends over backwards to insist their first priority is education, but Paike concedes the new regulations will probably result in more prosecutions. That’s perhaps worrisome to boaters who unintentionally break the rules (such as yours truly) but Paike says repeat behaviour will continue to be DFO’s single greatest reason to prosecute.
In the meantime, if you do see any fishbags harassing or “showing blatant disregard” for the whales, DFO has a hotline: 1-800-465-4336.