DFO handles fishing - TC/CG handles vessel traffic & restrictions. So...What I find interesting is that the sanctuaries aren’t really about fishing per se. As fishermen on this forum it’s often our focus but the closures are to (almost) all vessel traffic. A friend of mine who is a marine pilot finds them as ridiculous as “we” do. And all of us who frequent the area know full well how the recreational boaters ignored or were ignorant of it. Every day, all summer, dozens of boats transited the area off pender after clearing customs or just visiting bedwell/poets. There was little to no visible enforcement. Not unlike gun bans, it was really only the honest people being punished.
So my question to anyone who knows is, was enforcement discussed? Who makes the decisions on enforcement and implementation? Is there a plan? Is there an increased budget? What department is responsible? I know none of my letters with questions were even responded to. My recent conversation at the bluffs just last week with both Dfo and RCMP made it clear that the troops on the “ground” have no idea. So who do I ask? And the big question that so far no one can answer for me is....why are these areas closed when the whales aren’t even there? Which is most of the time. Were flexible closures even discussed? Who advocated for them and who said no? Why? The whole thing seems totally shrouded in mystery. That’s what’s so frustrating. Everyone wants to save a whale but these measures aren’t doing anything or they are really about something else.
Altho the intent is to protect SRKW (DFO) - the traffic speed & location restrictions are through a number of Acts/Regulations administered through CG/TC. Those specific regulations used in this instance are buried in the announcements but are the Interim Order powers of the Minister of Transport under the Canada Shipping Act (s.10.1(1)), and can be found at:
https://www.tc.gc.ca/eng/mediaroom/...-whales-waters-southern-british-columbia.html
and
https://laws-lois.justice.gc.ca/eng/acts/c-10.15/page-2.html
10.1 (1) The Minister of Transport may make an interim order that contains any provision that may be contained in a regulation made, under this Act, on the recommendation of only that Minister, if he or she believes that immediate action is required to deal with a direct or indirect risk to marine safety or to the marine environment.
The exact wording & details of the restrictions of the 2019 Interim Order for the Protection of Killer Whales (Orcinus orca) in the Waters of Southern British Columbia that rolled out of the Minister using s.10.1 of the CSA can be found at:
https://www.tc.gc.ca/eng/mediaroom/...-whales-waters-southern-british-columbia.html
They basically rolled over the 2019 restrictions into 2020 - as the Interim Order powers are typically for 1 year only.
Enforcement is through any properly trained, designated enforcement officer that is legislated to enforce the federal acts - including the CSA. So, DFO C&P, RCMP, and a very small set of CG/TC enforcement branch.
And it is a big Ocean and everyone has limited funds for personnel, OT & fuel - with no increases in budget specific to this regulation that I know of or has been announced.
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