Vancouver film company fined $25,000 for flying drone too close to orcas

An investigation by the Federal Department of Fisheries and Oceans (DFO) has resulted in a hefty fine for a Vancouver film company and drone operator caught flying too close to orcas in 2021.

On July 2, 2024, the department says River Road Films Ltd. pleaded guilty to unlawfully capturing drone footage of Northern Resident Killer Whales (NRKR) activity.

The crew were reportedly found using drones and underwater video to capture orca activities 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,” said the DFO.

“Marine mammals can be disturbed by drones, which are considered to be an aircraft.”

The DFO says in 2020, River Road Films Ltd. applied for a permit to film at-risk species, such as killer whales, for a documentary, but the department denied it.

The department says under the Marine Mammal Regulations, you must stay:

  • 400 metres away from all killer whales in southern B.C. waters;
  • 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 meters away for other whales, porpoises, and dolphins.

Additionally, the DFO says “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).”

The company was fined $25,000 and prohibited from using or distributing the drone footage. The drone operator was ordered to pay a fine of $5,000.

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