A fine has been issued for the first time in Canada for the illegal operation of a drone to record footage of killer whales.
A probe carried out by fishery officers from the Fraser Coastal Detachment of Fisheries and Oceans Canada’s Whale Protection Unit in B.C. has led to “a hefty fine” for a film company and its drone operator for the unauthorized operation of a drone near northern resident killer whales, according to a government press release.
River Road Films Ltd., pleaded guilty July 2 to unlawfully capturing drone footage of killer whale activity by operating too close to a pod at a rubbing beach on Vancouver Island, Fisheries and Oceans Canada said. The Vancouver-based film company was fined $25,000 and was prohibited from using or distributing the drone footage while drone operator Mathew Hood was ordered to pay a fine of $5,000.
“In Canada, it’s against the law to disturb a marine mammal and additional guidelines are in place to protect animal and human health,” Fisheries and Oceans Canada said in the statement. “Marine mammals can be disturbed by drones, which are considered to be an aircraft.”
Both the film company and the drone operator are first time offenders, the release said.
River Road Films Ltd., and its sister company in the United Kingdom, applied for a Department of Fisheries and Oceans permit in 2020 to film Species at Risk Act species, including killer whales, for a documentary. The application was not approved, the government said.
River Road Films crew were found using drones and underwater video to capture killer whale activities in August of 2021 at a well known rubbing beach on Vancouver Island.
Beach rubbing is a “unique quirk” of the northern resident killer whale, the department said.
“They head for shallow waters near the shore, then brush against the smooth pebbles below—an activity that is thought to help scrape off dead skin, strengthen family bonds and feel like a massage,” the release said.
Under the Marine Mammal Regulations, it is illegal to be less than 400 metres away from killer whales in southern B.C. waters and less than 200 metres from killer whales in all other Canadian Pacific waters. It is also against the law to be less than 200 metres away when a whale, dolphin, or porpoise is in a resting position or with a calf.
Drone pilots are expected to follow the rules laid out in the Canadian Aviation Regulations and Marine Mammal Regulations, the government said. Under the Marine Mammal Regulations, it is illegal to approach marine mammals with an aerial drone at an altitude of less than 1,000 feet (304 metres) and within a half nautical mile (roughly 926 metres).
Northern resident killer whales represent a unique population of orcas that are both genetically and culturally distinct, according to the Orca Conservancy. This species of orca resides solely in the North Pacific region.
Northern residents have been listed as threatened in Canada since 1999, according to government documents. Common threats faced by the species include lack of prey, toxic pollution, vessel noise, and threats of oil spills.
