The basic principle of the United States marine mammal protection act is that whales must be protected when they're feeding. However, it's recognized that this phase requires the presence of at least a few whales, in general a minimum of three, that hunt together. The whales push the food together and are therefore able to feed.
When we see a single whale, the whale isn't necessarily feeding. Instead, the whale is passing by and roaming around. As a result, we're arguing that the Canadian measures are far too stringent, given the basic principle of the American legislation. This principle, which the United States has asked Canada to apply in its territorial waters, is that the whales must be protected when they're feeding. This requires the presence of at least three whales.