In August 2021, we witnessed a disturbing event via our remote cameras at one of the rubbing beaches in Johnstone Strait, as a film crew flew a drone incredibly close to members of the I15 matriline (Northern Resident Orca population) while they were beach rubbing in the shallows. It later transpired that the crew belonged to the production company River Road Films and were filming for the Emmy Award-winning Netflix series, Island of the Sea Wolves. They had previously applied for a special permit to fly drones closer than the regulations allow, but were denied.
Their actions – which were a blatant disregard for the law under Transport Canada’s Marine Mammal Regulations – not only undermine the countless hours of effort from the wider research community who are working hard to afford better protections for marine mammals, but they discredit other filmmakers on the coast who do abide by the rules and make every effort to put wildlife first.
This incident shines a light on what is often a contentious and challenging topic to navigate: the ethics of wildlife filmmaking. OrcaLab has always believed that our impact on whales should be as minimal as humanly possible, so we can share in the joys of their lives without disturbing them. We firmly believe that no filming – even for a large-scale production such as Netflix – should cross these boundaries and cause potential disturbance or harm to wildlife for the sake of ‘getting the shot’.
This year, River Road Films was fined $25,000 and the drone operator – named by DFO as Matthew Hood – was fined a further $5000. This is an important milestone and a valuable lesson for all of us who deeply care for the whales and other wildlife of this coast.
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Regulations stated below by our colleagues at the Marine Education & Research Society (and verified by Transport Canada):
“Under the national Marine Mammal Regulations, it is illegal for aircraft, including drones (remotely piloted aircraft systems) to:
1) Approach a marine mammal at an altitude of less than 305 m (1,000 ft) within 926 metres (0.5 nautical miles) of a marine mammal,
2) Make any flight maneuvers, including taking off, landing or altering the course or altitude, for the purpose of bringing the aircraft closer to the marine mammal or otherwise disturbing it.
Other legislation, under Transport Canada, prohibits flying a drone above 122 m (400 ft) unless you have obtained a Special Flight Operations Certificate.
The combination of these Regulations effectively prohibits any drone flying near marine mammals EXCEPT if Fisheries and Oceans Canada has issued a marine mammal research or filming license or you have received permission from Transport Canada for specific purposes under special conditions.”
Original press release from DFO: https://www.canada.ca/en/fisheries-oceans/news/2024/08/british-columbia-film-company-and-drone-operator-fined-30000-for-unlawful-use-of-a-drone-to-capture-killer-whale-footage.html
