British Columbia film company and drone operator fined $30,000 for unlawful use of a drone to capture Killer Whale footage

PORT HARDY, BC, Aug. 19, 2024 /CNW/ - Fisheries and Oceans Canada

Port Hardy - An investigation by fishery officers from Fisheries and Oceans Canada's (DFO) Whale Protection Unit, Fraser Coastal Detachment, has resulted in a hefty fine for Vancouver-based River Road Films Ltd. and their drone operator for operating a drone too close to Northern Resident Killer Whales (NRKWs).

On July 2, 2024, River Road Films Ltd. pleaded guilty to unlawfully capturing drone footage of NRKW activity by operating too close to a pod at a rubbing beach on Vancouver Island. "Beach rubbing" is a unique quirk of the NRKW; 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.

River Road Films Ltd. was fined $25,000 and prohibited from using or distributing the drone footage. The drone operator, Mathew Hood, was ordered to pay a fine of $5,000. Both the film company and the drone operator are first time offenders. This is the first time a fine was issued in Canada for the unlawful use of a drone to capture killer whale footage. Marine mammals can be disturbed by drones, which are considered to be an aircraft. Drone pilots must follow the rules in the Canadian Aviation Regulations and Marine Mammal Regulations. Under the Marine Mammal Regulations, it is illegal to approach marine mammals with an aerial drone at an altitude below 1000 feet (about 304 metres) and within a half nautical mile (about 926 metres).

DFO has a mandate to protect and conserve marine resources and to enforce the Fisheries Act. As part of DFO's work to disrupt and prevent illegal activity, the Department asks the public for information on activities of this nature or any contravention of the Fisheries Act and regulations. Anyone with information can call DFO Pacific Region's toll-free violation reporting line at 1-800-465-4336, or email the details to DFO.ORR-ONS.MPO@dfo-mpo.gc.ca.

Quick Facts

In 2020, River Road Films Ltd., and its sister company in the United Kingdom, applied for a DFO permit to film Species at Risk Act (SARA) species, such as killer whales, for a documentary. This application was not approved.
In August 2021, the crew of River Road Films Ltd. were found using drones and underwater video to capture NRKW activities at a well known rubbing beach on Vancouver Island.
In Canada, it's against the law to disturb a marine mammal and additional guidelines are in place to protect animal and human health.
Disturbing includes trying to feed, swim or interact with it, cause it to move, separate it from its group, get between it and a calf, trap it between a vessel and the shore, or between another vessel, and tag or mark it.
Under the Marine Mammal Regulations, you must stay 400 metres away from all killer whales in southern BC waters or 200 metres from killer whales in all other Canadian Pacific waters; 200 metres away when a whale, dolphin or porpoise is in a resting position or with a calf; and 100 metres away for other whales, porpoises and dolphins.
Fishery officers from DFO's Whale Protection Unit work closely with enforcement partners, including the Canadian Coast Guard, Transport Canada, Parks Canada and the Royal Canadian Mounted Police to enforce the Marine Mammal Regulations.

Associated links

For more information on Watching marine wildlife
For more information on the most helpful ways for the public to report a potential illegal activity: Report a fisheries violation

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