Threat to killer whales highlighted in case of B.C. diver who got too close for comfort

A research biologistwhose photographs helped secure a $12,000 fine against a B.C. man accused of getting too close to killer whales says strong penalties are needed to protect the magnificent mammals from curious humans.

Karina Dracottprovided investigators with images used to identify a pod of northern resident killer whales disturbed by a scuba diver who placed his boat directly in their path as they passed through the harbour in Prince Rupert, B.C.,in April 2020.

Dracott who co-ordinates the North Coast Cetacean Research Initiative says the case highlights a problem which reaches well beyond one isolated incident.

"People are approaching marine mammals quickly and coming in too close and making a ton of noise that can really disturb or stress them. And it's not just the impact of one boat. But imagine how many boats are doing this. So it's the compounding interest of this kind of disturbance," Dracott told the CBC.

"I think a few fines where people really are disregarding the regulations can have a big impact."

'Attempt to swim with or interact with the whales'

A provincial court judge fined Thomas Gould in July after the Prince Rupert man pleaded guilty to violating Federal Fisheries Act regulations prohibitingvessels from getting closer than 200 metres to killer whales. The $12,000 fine is the largest ever levied for the offence.

The CBC has obtained a recording of the proceeding which saw a joint submission from the Crown and Gould's lawyer. The casespeaks both to threatsfacingkiller whales andamended regulationsthat make it illegal to swim, dive or interact with the marine mammals.

WATCH | Killer whale makes close approach to boat as diver hangs off back:

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A diver who was seen sailing too close to a pod of killer whales that was passing through Prince Rupert Harbour in April 2020, has been fined $12,000 for getting too close to the whales.

The evidence included harbour security footage and a video posted to Facebook ofGould in full scuba gear hanging off a ladder on the back of his boat the Ice Cube as the group of seven killer whales made its way through the harbour.

The pod named A42 after the eldest female, who is also known as Sonora comprised A42 and five of her offspring, including a calf born in 2017. The seventh member of the pod was a calf born to one of A42's daughters in 2018.

Federal prosecutor Joshua Cramer claimed Gould was caught in "anapparent attempt to swim with or interact with the whales."

"The video footage shows the vessel driving alongside the whales and then overtaking them and positioning itself in their path," Cramer told the judge.

"While Mr. Gould was in the water, a large whale and calf came up to the surface in very close proximity ... so close that the dorsal fin of the larger of the whales could be seen in the video in close proximity of the vessel towering over the wheelhouse of the Ice Cube."

'Living on the edge of survival'

As of 2020, there were known to be only 310 northern resident killer whales in existence.

A Fisheries and Oceans Canada impact statementfiled with the court saidboth "parking in the path" of whales and "leapfrogging" to place a boat in front of a pod "have a high potential to alter the whale's behaviour or direction of travel and increase the likelihood of physical contact between the vessel and animal."

The report includeda picture of a northern resident whale injuredby a propeller and said close approaches from vessels can disrupt the resting, feeding, socializing and nursing of calves.

"As a threatened species, they are often living on the edge of survival," Cramertold the judge.

The impact statement concludedGould's activities "are highly likely to have disturbed or disrupted the behaviour of killer whales, in addition to putting them at increased risk of injury."

A series of decisions in recent years have seen a gradual rise in fines related to the disturbance of marine life.

Cramerciteda 2004 decision that saw the operator of a whale watching business fined $6,400 for approaching too closely. In the same year, another boat operator was fined $3,000 after panicking when he suddenly found himself in the middle of a pod of whales.

A recent provincial court decision saw a man who had repeatedly violated the Fisheries Act fined $40,000 for placing prawn traps in a glass sponge reef.

'Mr. Gould was not swimming'

Gould's lawyer Christopher Harvey rejected theassertion his client wastrying to swim with the whales.

"Mr. Gould was not swimming. He was hanging off the stern of the vessel, attempting to see if he could see underwater the whales," Harvey told the judge.

"But the whole thing was misconceived from the start because, given the turbidity of the harbourin Prince Rupert, it would be impossible to see whales at a distance such as that."

Gould has a commercial fishing licence for his boat;Cramer arguedthat gave him a "special responsibility" to be aware of the regulations.

But Harveysaid the 200-metre buffer zone which came into force in 2018 was a "fairly recent amendment to the regulations."

"It's not generally known, and I think it's slightly unfair to say that because Mr. Gould had a commercial fishing licence, heshould be said to have had an enhanced awareness of the regulations relating to killer whales," Harvey said.

"Because there's no real connection between commercial fishing and killer whales."

Dracott, whose research is backed by the conservation group Ocean Wise, said she believes the regulations are well known. She said her group has publicized the rules through signs and interviews.

And if they didn't know about the consequencesbefore, she believesthe headlines surrounding Gould's case will make a difference.

Harvey said Gould is a young man who makes his living as a diverbut has applied to join the Navy.

"This event and this charge have definitely been a learning exercise for Mr. Gould," Harvey said.

"He's now well aware that there is a 200-metre buffer zone."