BC company filming orcas with a drone slapped with a hefty fine

After a drone flew too close to a pod of orcas, a BC film company and its drone operator were fined heftily.

Fisheries and Oceans Canada (DFO) released a statement Monday stating that its Whale Protection Unit fishery officers investigated an incident involving Vancouver-based River Road Films Ltd.

About four years ago, River Road Films Ltd. and its sister company in the United Kingdom applied for a DFO permit to film wildlife species like killer whales, which are under the Species at Risk Act (SARA), for a documentary. DFO said the application was not approved.

The following year, the film crew was found using drones and underwater video to capture the Northern Resident Killer Whales (NRKW) at a well-known 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,” DFO explained.

According to the statement, the film company pleaded guilty on July 2, 2024, for unlawfully capturing drone footage of the whale pod.

If you disturb an orca pod by feeding, swimming, or interacting with it, the DFO said it could lead to a number of issues, such as “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.”

DFO

River Road Films Ltd. was fined $25,000 and has been prohibited from using or releasing the drone footage.

Drone operator Mathew Hood was ordered to pay a $5,000 fine.

DFO said the film company and drone operator are first-time offenders, adding that this is even the first time a fine has been 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,” DFO explained in its statement. “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 1,000 feet (about 304 metres) and within a half nautical mile (about 926 metres),” DFO added.

If you’d like to report a violation, you can call DFO Pacific Region at 1-800-465-4336 or email the details to [email protected].

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