World News

Vancouver Film Company Penalized $30,000 for Capturing Drone Footage of Killer Whales


Canada has issued its first fine for the illegal operation of a drone used to film killer whales.

Fishery officers from the Fraser Coastal Detachment of Fisheries and Oceans Canada’s Whale Protection Unit in B.C. conducted an investigation that resulted in a film company and its drone operator being fined for operating the drone near northern resident killer whales without authorization. The government’s statement can be found in a press release.

River Road Films Ltd. pleaded guilty in July to unlawfully capturing drone footage of killer whale activity near a pod at a rubbing beach on Vancouver Island. The Vancouver-based company was fined $25,000, and drone operator Mathew Hood was fined $5,000.

According to Fisheries and Oceans Canada, disturbing marine mammals is against the law in Canada, and guidelines are in place to protect both animals and humans. Drones are considered aircraft and can disturb marine mammals.

Both the film company and the drone operator are first-time offenders, the release stated.

River Road Films Ltd. and its UK sister company applied for a permit in 2020 to film Species at Risk Act species, including killer whales, but the application was not approved.

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 are a unique population of orcas that are 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.



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