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Under the Fisheries Act, the Department of Fisheries and Oceans is responsible for the management and protection of marine mammals. The Marine Mammal Regulations specifically prohibit the disturbance of whales.
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Diving or swimming with whales constitutes a type of approach to whales and falls under these guidelines and regulations.
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It is illegal to hunt, chase, disperse, drive or herd pods or individual whales.
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Approach whales from the side, not from the front or the rear.
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Approach no closer than 100 metres and shift your motor into neutral or idle.
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Keep noise levels down. No horns, whistles or racing of motors.
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Start your motor only after the whales are more than 100 metres from your vessel.
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Leave the area slowly, gradually accelerating when you are more than 300 metres from the whales.
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Approach and depart slowly, avoiding sudden changes in speed or direction. Do not "leapfrog".
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Avoid disturbing groups of resting whales.
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Maintain low speeds and constant direction if travelling parallel to whales.
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When whales are travelling close to shore, avoid crowding them near the shore or coming between the whales and the shore.
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Limit the time spent with any group of whales to less than 30 minutes.
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If there is more than one vessel at the same observation site, be sure to avoid any boat position that would result in encircling the whales.
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Minimize the time spent and the number of vessels with any one group of whales.
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Limit time, as above, and then move out to allow other vessels access to good viewing positions.
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Coordinate activities by maintaining contact with other vessels and ensure that all operators are aware of the whale-watching guidelines.
