GI-2026-10-reg2: Regulations Amending the Marine Mammal Regulations (Southern Resident Killer Whale Approach Distance)

Commercial whale-watching and ecotourism operators in southern British Columbia are the primary businesses affected, but the government expects no incremental costs since these operators are already prohibited from approaching SRKWs within 400 metres under existing annual Transport Canada interim orders, and have not been advertising SRKW viewing tours for several years. The 200-metre approach distance for non-SRKW killer whales remains unchanged, so operators can continue running tours focused on other killer whale populations as they currently do. Recreational boaters, kayakers, and paddlers must also keep 1,000 metres from SRKWs, but the rules don't apply to vessels simply passing through (in transit) or stationary vessels, so routine fishing and boating activities are largely unaffected. A very small number of applicants for marine mammal transportation licences — fewer than 50 per year out of roughly 70,000 total DFO licences — may face denials under the new ministerial discretion provisions, potentially losing opportunities to display or sell marine mammal parts.