Mr. Speaker, there were no scientific studies specifically conducted by Fisheries and Oceans Canada to inform the marine mammal regulations amendments post November 4, 2015; therefore, the answer to the above questions (i) to (v) is nil. However, the most recent amendments to the marine mammal regulations were informed by the best available science from the department’s scientists, as well as external scientific research, and through consultations with indigenous groups and stakeholders.
In the early 2000s, concerns about the cumulative effects of disturbance to marine mammals were brought to the attention of the department by industry and marine mammal researchers. The department commissioned Dr. Jon Lien of Memorial University in Newfoundland to provide his professional recommendations with respect to addressing these concerns. Dr. Lien’s report, found at http://publications.gc.ca/site/eng/462620/publication.html, published in 2001, indicated that repeated exposure to, and interaction with, humans may interrupt or prevent marine mammals from completing their normal life processes, e.g., mating, calving and nursing; cause habituation of marine mammals to human activities; and threaten the survival of individual animals. At that time, section 7 of the marine mammal regulations, MMR, did prohibit the disturbance of marine mammals by any person. However, they did not expressly and effectively identify specific activities that may disturb the normal life processes of a marine mammal.
The department considered a general approach distance for vessels on the water of 100 metres for whales, dolphins and porpoises to be a practical and comprehensible means to prevent disturbance to the animals; however, the practicality of setting a single approach distance applicable to all species, areas and circumstances proved to be a very difficult task. Although 100 metres is considered to be a reasonable distance to minimize disturbance both nationally and internationally, including by Australia, New Zealand and the United States, after consultation in several locations in Canada, DFO considered different distances and ultimately decided to introduce a schedule to the MMR that tailors vessel approach distances to particular areas and circumstances and species.
Specific approach distances in the amended MMRs were informed by a number of external studies. For example, DFO contracted Chris Malcolm to conduct a study on the behaviour of beluga whales in the presence of whale watching vessels in Churchill, MB. This study, published in 2011, found at http://cbwtoa.ca/wp-content/uploads/2017/06/MalcolmPennerBelugaBoats.pdf, recommended a 25 metre minimum approach distance in Churchill, and a 50 metre approach distance for beluga feeding aggregations. On the Pacific coast, the National Oceanic and Atmospheric Administration, NOAA, has compiled scientific evidence regarding approach distances for killer whales. Research results indicated that killer whale behavior can be affected by approaches at distances greater than 100 yards, or 91.4 metres, according to Lusseau et al, 2009, https://www.int-res.com/abstracts/esr/v6/n3/p211-221/; Noren et al, 2009, https://www.int-res.com/abstracts/esr/v8/n3/p179-192/; Williams et al, 2009 https://www.int-res.com/abstracts/esr/v6/n3/p199-209/, due to behavioural changes and therefore potential impacts on life processes.
In consideration of flight manoeuvres, the amendments prohibit activities such as taking off, landing or altering the course or altitude of the aircraft for the purpose of bring the aircraft closer to a marine mammal or otherwise disturbing it. This prohibition is applicable when the aircraft is being operated at an altitude of less than 304.8 metres, or 1000 feet, within the radius of one-half nautical mile from the marine mammal. The 1000 feet altitude distance is considered a best practice domestically and internationally, including in the United States. However, helicopters that are being used for the seal pup observation industry are exempted from section 7.2 of the regulations, as there is evidence that the brief interaction people have with seal pups on these excursions have no negative effects on the pups, according to Kovacs and Innes, 1990, https://www.appliedanimalbehaviour.com/article/0168-1591(90)90083-P/abstract.
The approach limits specified in the amended MMR are also generally consistent with standards adopted internationally, including Australia’s environment protection and biodiversity conservation regulations 2000, and most of the guidelines in the United States. There are various guidelines, codes of conducts and best practices guides in the U.S. under which the approach distance to marine mammals varies depending on the region, state, and species. Although they are distinct in their application, these regulatory and non-regulatory instruments reflect a common purpose for conservation and protection of marine mammal species, and include rules such as keeping a minimum approach distance of 100 yards from all marine mammals. Moreover, the U.S. National Oceanic and Atmospheric Administration’s northwest office has established a regulatory requirement specific to killer whales in the Pacific region, which requires that vessels must not approach any killer whale any closer than 200 yards, or 183 metres, and must stay 400 yards, or 366 metres, out of the path of oncoming whales. Finally, vessels are forbidden to intercept a whale or position a vessel in the path of a whale.