The new law in the US states that it is illegal to be within 200 yards of a killer whale under ANY circumstance. Canada will more than likely be adopting the same rule , this includes fishing or if "they come to you".
beemer
It will be very interesting indeed if Canada adopts that US definition and tries to enforce it absolutely. People in Kayaks get approached by orca fairly frequently and they have no hope of ever keeping away from them if the whales decide to approach.
It should be an interesting first test case if they go after someone within 200 meters of one who has tried everything to avoid it and attempts to increase their distance but are unable to do so. I have lawyers in the family, I think I will ask. It is equally true of fishing boats with gear down or anchored for Halibut, sail boats in light wind and any boat if a whale is not seen until the whale surfaces right beside the boat. Even police, DFO and Coast Guard boats could have this happen to them. There are videos online of whales broaching and smashing down on sailboats wrecking them that were never seen before they wrecked the boat.
I have also been on a BC ferry in the narrow part of Active Pass on more than one occasion with a pod swimming 30 or 40 feet beside a BC Ferry with no maneuvering room at all for the Ferry and the captain on the speaker system telling all the tourists to go have a look.
So the options will be:
- selective prosecution or exemptions for some, never a winner for any government politically and possibly not in court. The public generally is not tolerant of a citizen being charged and found guilty of an offence that is not willful and for which they had no ability to avoid, because they vision themselves in that person’s situation and instinctively identify with the lack of fairness.
- charging the captain of a BC Ferry and/or the BC Ferry corp. and others for each incident of unavoidable intrusion within 200 meters of a whale.
- forcing for example BC ferries to change their route and go the long way around adding hours and huge increase in cost which will be passed on to passengers who I remind you vote. Not to mention shortening the lifespan of the ship and much quicker replacements costs. It would also greatly increase the cost of transporting goods and retail costs. You think people are pissed about smart meters or the HST, just try that one.
I think I can say with some degree of confidence that neither the Federal or Provincial Government will be prepared to commit political suicide by doing so.
I understand there is already an exclusion zone around whales and I suspect thousands of violations. I am curious how many successful prosecutions there has been.
As a fisherman I will do everything in my power to stay outside of an imposed exclusion zone around a whale but I suspect I will be OK if through no fault of my own, I am unable to do so.