Watching Marine Mammals

Why best practices guidelines are needed for watching marine mammals in Quebec?

• Responsibilities of Fisheries and Oceans Canada
• Disturbance is a known threat
• Principles identified for developing best practices guidelines
• Legal context
• The Marine Mammal Regulations of the Fisheries Act
• The Species at Risk Act
• Proposed Marine Protected Areas in the St. Lawrence
• The Marine Activities in the Saguenay–St. Lawrence 
  Marine Park Regulations
  
  

Responsibilities of Fisheries and Oceans Canada

Fisheries and Oceans Canada (DFO) is responsible for conserving and protecting Canada’s marine resources, including marine mammals, although other government departments may also be involved. 

Photo : Marc Loiselle

Acts, regulations and other non-regulatory measures are used to fulfil this mandate. Initiatives are underway to provide DFO with management and conservation tools across the country. Some of these initiatives are unique to the Quebec Region. During the interim while the initiatives are being adopted and applied, DFO, Quebec Region, considers that there is an immediate need for clear messages to be given to the general public on how to behave around marine mammals. Visit our website for updates and further information.

Disturbance is a known threat

Watching marine mammals is an increasingly popular activity in Canada. Quebec, particularly the St. Lawrence Estuary, is a major destination for this type of activity. Well-intentioned watchers may unknowingly disturb marine mammals, displacing them from their habitat or disrupt them during their normal activities, such as nursing and feeding. If not done correctly, watching marine mammals may increase the risk of injury through collisions with boats or being slashed by their propellers. A report published in 2001 by Jon Lien, a well-known scientist at Memorial University in Newfoundland, states that “whale-watching activities can disturb individuals and groups and … such disturbances, if repetitive and persistent over time, can produce harmful conservation impacts.” A number of other studies from around the world also report on the various impacts that may be associated with whale watching.

Principles identified for developing best practices guidelines

These guidelines are for the general public (including sea kayakers, sailing and motor boat enthusiasts and hikers on the shore).

They are intended to : 

• minimize disturbance and stress on marine mammals
• reduce the risks of collisions with the animals 
• provide special protection for endangered species

They have been developed in consideration of current and upcoming laws, regulations and other initiatives. Special emphasis has been given to :

• ensure consistency with proposed amendments to the Marine Mammal Regulations of the Fisheries Act
• take into account the objectives of the Species at Risk Act
• promote measures that support the proposed Marine Protected Areas (MPAs) in the St. Lawrence
• ensure consistency with the Marine Activities in the Saguenay–St. Lawrence Marine Park Regulations 
• adapt practices to the needs of a particular species (status, fragility)
• adapt practices to the needs of a particular area (e.g., intensity of observation activities, use by marine mammals)
• incorporate a precautionary approach 

Specific guidelines have been proposed for certain areas and species that consider their particularities.

Legal context

The following sections outline laws and regulations currently in force as well as initiatives that are underway. It should be noted that laws and regulations have precedence over these best practices. Each person therefore has a duty to learn and abide by the rules applicable to the sites he/she frequents.

(See the map of Maritime Quebec)

The Marine Mammal Regulations of the Fisheries Act

The existing Marine Mammal Regulations prohibit the disturbance of marine mammals (whales, seals and sea otters). However, they are too general and do not inform the public about behaviours that are unacceptable when viewing marine mammals in their natural environment. These regulations are currently under review and have been the subject of comprehensive consultations across Canada.

The Species at Risk Act

The Species at Risk Act (SARA) was proclaimed in June 2003. The purposes of the Act are to prevent Canadian indigenous species, subspecies, and distinct populations from becoming extirpated or extinct, to provide for the recovery of endangered or threatened species, and encourage the management of other species to prevent them from becoming at risk. At present, five species of marine mammals found in the St. Lawrence (including the Saguenay River) are officially listed under SARA. 

Proposed Marine Protected Areas in the St. Lawrence  

The St. Lawrence Estuary is internationally recognized as an important area for many species of marine mammals which are present either seasonally or year-round. Each year, numerous marine mammals, including the large baleen whales, migrate there to feed and build up energy reserves for the mating season. In addition, the Estuary is critical habitat for the beluga and harbour seal, which live there all year. Several of the species frequenting the Estuary are listed as endangered in Canada. The proposed St. Lawrence Estuary Marine Protected Area (MPA) is a major DFO initiative designed to provide greater protection to the marine mammals in the area, complementing the Saguenay–St. Lawrence Marine Park. 

Another marine protected area project, the Manicouagan Marine Protected Area, is also pending. The rationale for this project is to conserve and protect these biodiverse and biologically productive estuarine and marine ecosystems. Certain regulatory measures are also planned to protect harbour seals in this MPA.

The Marine Activities in the Saguenay–St. Lawrence Marine Park Regulations 

The Saguenay–St. Lawrence Marine Park (SSLMP) covers a section of the St. Lawrence Estuary and Saguenay Fjord and occupies an area of 1,138 km2. The intent is to enhance the protection and conservation of the area’s marine ecosystems, while promoting their use for recreational, educational and scientific purposes. Specifically, it aims to ensure a management of the activities that occur within its territory so that they are consistent with its conservation objectives. Marine Activities in the Saguenay–St. Lawrence Marine Park Regulations, adopted in 2002, govern behaviour around marine mammals for both licensed whale-watching business operations and for the general public.

For further details 

Fisheries and Oceans Canada
104 Dalhousie Street
Quebec City, Quebec
G1K 7Y7

Tel :   418-648-5783
Fax :  418-648-4667