SFAB Conference Board Response - SRKW Issues and Alternative Proposal

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SFAB Conference Board Response - SRKW Issues and Alternative Proposal

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Section 1 - Recommended approach for prey management measures



The SFAB recommends an alternative strategy designed to provide incremental SRKW management measure improvements to respond to government of Canada direction following the 2025 Emergency Order decision. Our proposal augments current fixed spatial/temporal measures implemented by DFO. These measures once implemented will offer improved outcomes for SRKW prey accessibility by reducing physical and acoustic disturbance 365 days/year everywhere within the entire area defined as critical habitat.



Background:



Recent research combined with significant improvement in Chinook abundance suggests prey abundance is not a factor limiting SRKW recovery. Rather, recovery limitations are more likely than not taking place in US waters, and that there is sufficient prey available in Canadian waters to meet SRKW requirements. Notwithstanding, the SFAB recommended approach seeks to improve SRKW recovery through increasing prey acquisition success by implementing adaptive measures to reduce physical and acoustic disturbance.



Serious performance gap in the current suite of fixed spatial temporal measures - the SFAB has observed that current management measures rely heavily on static or fixed spatial temporal measures that do not adaptively respond to highly variable SRKW forage behaviours. SRKW foraging observation data demonstrates that in many cases SRKW are rarely utilizing areas defined for area-based salmon fishing closures. This calls into question the efficacy or performance of these measures in achieving protection. Additionally, fisheries management and the government of Canada have not met its duty to design measures that also achieve a critical balance to protect Canada’s economic and social benefits. This is especially important given the recreational salmon fishery in Pacific Region accounts for $1.27 billion in direct expenditures, $643 million in annual GDP contribution and 9,110 jobs.



GDP and jobs at a critical time when Canada’s economy is significantly fragile.



To address limitations with the current approach to recovery measures, the SFAB proposes an overarching adaptive strategy which employs 2 complementary tactics. These are proposed to be implemented together providing balance between protection for SRKW against physical and acoustic disturbances increasing successful prey acquisition, while balancing those measures to provide recreational fishery opportunities that optimize socio-economic benefits to Canada.



The first strategy implements a mobile avoidance zone that provides ongoing protection for SRKW everywhere they travel within Canadian waters defined as SRKW critical habitat 365 days/year. In addition, the second strategy would apply area-based spatial/temporal fishery closures in key SRKW foraging hotspots to broaden protection for shorter defined periods when SRKW have been observed approaching and utilizing these areas and removed once SRKW have left them.

 

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SFAB Proposal #1 - Mobile Avoidance Zone Strategy



Implement a 400m mobile avoidance zone restricting all vessels from approaching SRKW. The measure would be backstopped with significant escalating penalties to support education, awareness, adoption, due diligence and compliance. Additionally, this measure would also require vessel operators to immediately cease recreational fishing activity and slowly depart to 1000m from SRKW.



Departure would be required at a speed consistent with or less than existing Vessel Slow Down measures. Failure to cease fishing at times where SRKW are present within 400m, will result in a $1,000 fine.



This approach applies 2 layers of protection and is designed to link into the proposed 1000m measure currently under review.



Note, the SFAB is aware there may not be shelf-ready regulations aligned to our proposed fine schedule. That being the case, during the interim period while regulations are being amended it would be necessary to conform to the fine schedule currently available.



Proposed Fine Schedule - Recreational Version:

First occurrence = stern written warning outlining next level of penalty or $1,000 fine; Second occurrence = $5,000 fine; Third occurrence = $10,000 fine; Forth = $50,000 fine

Proposed Fine Schedule - Whale Watching Version:

First occurrence = $5,000 fine; Second = $25,000 fine plus 30-day operating license suspension; Third = $50,000 fine plus 90-day license suspension; Forth = 1 year ban on all operations



Rationale:

• Fixed spatial/temporal fishery closures generate recovery benefits only when SRKW are present in these areas
• Benefits vs socio-economic impacts to communities reliant upon the recreational fishery would be better balanced if DFO adopted a mobile avoidance strategy that protects SRKW in all areas and times they are present in Canadian SRKW Critical Habitat waters, rather than fixed measures
• Mobile avoidance if backstopped with significant escalating penalties will serve to effectively shift on-water vessel operator behaviours, increase level of awareness, contribute to greater due diligence in practicing avoidance, thereby enhancing efficacy of this measure in achieving enhanced protection to limit physical and acoustic disturbance that impedes SRKW prey acquisition success
• Measures and penalties are designed to support on-water education and awareness as an enforcement option, while providing enforcement tools to address more egregious
• C&P Marine Mammal Enforcement Unit will be provided tools necessary to support shifting the on-water vessel operator SRKW avoidance culture

 

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SFAB Proposal #2 - Rolling Recreational Fishing Closure Strategy



SFAB does not support the existing management measures approach which relies upon fixed spatial measures (salmon closures or sanctuaries).


If these types of measures are to be maintained, they should not be implemented or triggered until SRKW are observed within them during the periods of time the existing measures are in effect.

Activation of fixed spatial measures will be triggered using real-time SRKW sightings confirmed through reliable observation reporting sources (whale watching networks, C&P Marine Mammal Enforcement Unit, DFO Research Vessels)

As SRKW are sighted approaching fixed spatial closures, sightings trigger 2-week closures

If there are no further SRKW sightings reported within a 2-week period, fishing closures will be dynamically managed using Variation Orders to open areas after the 2-week closure expires

If there are further SRKW sightings reported, a further 2-week closure extension will be applied

Closure notices will be broadcast to recreational fishers by 3 means; 1) Fishery Notices; 2) FishingBC App; 3) Marine Broadcast information on Channel 16



Rationale:

• SRKW dynamically utilize their environment, creating challenges managing to fixed spatial and temporal measures. For example, SRKW sighting distributions have been highly variable in recent 5-year history within SoG and other areas which limits the effectiveness of these measures in providing measurable benefits
• Socio-economic benefits to Canada and small coastal communities related to recreational salmon fishing generates significant contributions to both GDP and employment – maintaining a balance between reducing physical and acoustic disturbance and recreational fishing opportunities is a responsible fishery management approach
• SRKW sighting observation data is readily available from reliable sources, easily applied by DFO fishery management to generating fishery closure/opening notification
• Employing Marine Broadcast information to vessel operators over Channel 16 additionally helps increase education and awareness for all recreational vessel operators of the critical importance of avoiding physical and acoustic disturbance to SRKW
• DFO has sufficient and growing on-water monitoring through the Marine Mammal Enforcement unit and research vessels, ideally suited to provide SRKW encounter/location observations to inform Fishery Management input

 

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SFAB Nitinat 20m Contour Opening Proposal:



The Port Renfrew - Nitinat SFAC recommended an amendment to the existing Option 1 regulations in the event DFO does not implement the SFAB alternative management measures noted above.

The proposed amendment is to open within Area 21, a 20 m contour opening for recreational Chinook and salmon retention fishery from July 15th to October 31, shoreward of a fishing boundary from the 20 meter contour [approximately 1/2 mile] and between the west [Pachena] rockfish closure and the east [Dare Pt.] rockfish closure in Area 21.

Rationale:

• Area 21 currently has extensive additional protection measures such as speed zones and approach distance zone, which has reduced acoustic and physical disturbance
• Speed zone enforcement and education to boaters have increased awareness
• The Marine Mammal research team frequents Area 21, and their observations demonstrate SRKW feed in deep water - having been observed consistently feeding in 300 to 600' of water from Jordan river to deep contours of the feature known as Everest at Swiftsure Bank
• Research has documented SRKWs very rarely come near shore in less than 200' of water
• Existing management measures in place offer adequate protection for the SRKWs and do not interrupt foraging for Chinook prey in those defined closed areas
• Chinook abundance along the WCVI SRKW critical habitat has been very significant - there is no shortage of prey during the summer period in the Port Renfrew and Nitinat areas
• Any additional form of salmon closure would be devastating economically and socially for Port Renfrew and nearby communities
• The recreational fishery requires stability in management measures from one year to the next to ensure fishery participants can make reservations a year in advance
• Should the Department agree to implement the proposed SFAB 400m avoidance zone, recreational fishers would be required to immediately cease fishing and slowly depart to a distance of 1000m from SRKW observed – an additional layer of adaptive protection

 

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Section 2 - Feedback on the area-based fishing closure adjustments

2.1 - Considerations on potential spatial and temporal adjustment options

Prey abundance in BC waters isn’t the limiting factor in SRKW Recovery:

• The SFAB asserts there is no evidence to support chinook abundance is a limiting factor impeding SRKW recovery based on recently published PSF data on State of Salmon, chinook abundance returning to areas of SRKW Critical Habitat have demonstrated significant recovery. WCVI = +32%. ECVI = +236%, Fraser +45%. These positive shifts in abundance represent significant objective changes in conditions effecting prey abundance and availability for SRKW recovery.
• Moreover, the AABM Abundance Index in recent years further supports we have transitioned to more significant chinook abundance – it is now time to transition towards adaptive management measures that accomplish prey accessibility outcomes for SRKW, while achieving a critical balancing of social and economic benefits to Canada.
• The SFAB additionally questions and seeks clarification regarding why Fraser stream-type chinook has been cited as a critical limiting factor in SRKW recovery and prey requirement. We appreciate research noting in specific times and places SRKW do forage on these chinook populations. However, we are seeking to understand why current recovery measures are designed to address abundance of this specific chinook population, when on average the total escapement of Fraser stream-type chinook in the past 49 years is 55,715. The 5-year average escapement in recent years (that we have data) is 43,846, a decline on average of 11,869. Considering the stated goal of ensuring there are sufficient Fraser stream-type chinook available as prey for SRKW, it appears historic escapement has always been insufficient to meet the caloric intake requirements of SRKW. We say this because researchers have established the average daily salmon requirement for an adult SRKW is approximately 20, multiplying that across the entire population of 75 animals that represents a requirement for 1,500/day or 45,000/month. The total available escapement of Fraser stream-type chinook could never have historically met these caloric requirements. Therefore, the SFAB seeks to understand why existing recovery measures have been so closely linked to this chinook population abundance, when in reality (numerically) it is impossible for this population based on escapement data going back 49 years to sufficiently meet the caloric intake prey requirement for a population of 75 SRKW.
• Given the seemingly insufficient historic abundance of Fraser stream-type chinook necessary to meet SRKW prey requirements, the SFAB asserts DFO must investigate and document how each of the existing fishery closures performs in making sufficient prey available for SRKW to fully assess objective performance and consider how those are balanced against the social and economic impacts. Our view is Fraser stream-type chinook play a role as prey, however given their highly variable and dynamic forage behaviour, that it is more likely than not other much more abundant chinook populations play a more significant role in SRKW recovery.
• Saygili & Trites 2024 https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0311388
• Research suggests the prey abundance limitations on SRKW recovery more likely than not take place in US waters – the SFAB asserts this research and in consideration of the totality of new evidence chinook abundance has increased significantly pointing to a need for DFO to undertake a complete re-assessment of the existing management measures and investigate alternative adaptive management approaches.
• “Our findings do not negate the hypothesis that southern residents are thinner on average than northern resident killer whales because they are not consuming enough prey [70]. Rather, they suggest that southern resident killer whales are no less food-limited than northern resident killer whales during summer, and any food shortage that might be occurring is happening elsewhere or at other times of the year.”

“Thus, our assessments of Chinook densities in the Salish Sea in 2020, along with those from 2018–2019 [5], suggest that southern resident killer whales are not food-limited in the Salish Sea—and that their low numbers and apparent low carrying capacity reflects lower prey abundances further south in Oregon or California.”

 

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• SFAB Recommendation:
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• DFO investigate transitioning SRKW management measures to an adaptive management approach as a response to government direction to the Emergency Order response requesting new incremental measures

Highly Variable SRKW Forage Behaviour – Fixed Spatial Measures Offer Ineffective Protection

• SRKW observation data from Orca Behavioural Institute from 2021 to August 2025, documents an emerging pattern of SRKW use of Critical Habitat – noting it is extremely variable. Many of the spatial closure areas have either not documented any SRKW observations or are highly limited and variable.
• The SFAB also observes that predictive modeling cited by the Department in support of expanding area-based measures has not performed well against actual observation data and therefore appears to be an unreliable approach to assessment criteria to determine probable high benefit area-based expansions.
• Performance of the existing suite of management measures when SRKW have either not been observed within many of the current static spatial closure areas/times, or when observed within them the frequency is sporadic strongly suggests these measures are ineffective achieving a balance between protection and economic benefit.
• Additionally, these measures are unnecessarily applied for very significant periods of time when SRKW are not present – this represents an over-reach, when a more surgical mobile adaptive strategy could deliver similar or better outcomes in prey accessibility.
• These measures do not dynamically adapt to SRKW actual utilization of these habitats. Given the transition to more chinook abundance, the SFAB recommends DFO investigates alternative adaptive management measures designed to achieve a balance between protections and socio-economic impacts.
• Considering recent historic Chinook abundance trends, how would additional, incremental or otherwise, restrictive fishing measures benefit SRKW?
• Is DFO prepared to consider this new research, and in particular revisit the current approach to SRKW which is anchored in strategies with high reliance on fixed spatial-temporal fishing and vessel restrictions – especially considering shifting trends in Chinook abundance?
• What are the Chinook abundance trends within SRKW critical habitat in recent years?

The SFAB believes Canada needs effective measures to protect SRKW recovery, while also Balancing Jobs and GDP – we can achieve both with the right plan.



SFAB Recommendation:

• Given high spatial temporal variability of SRKW foraging behaviour, the SFAB recommends DFO transition to an adaptive management approach
• DFO incorporates a principle of applying analysis of how management measures achieve effective balance between those measures and ensuring social and economic benefits to Canada are optimized

Issue – Extending Recreational Fishing Closure Period:

The rationale supporting extending recreational fishing closure periods is not clearly defined in the proposed incremental measures. For example, given recreational fishing effort significantly declines in fall months in many of the proposal areas, it is unclear what the actual benefits to SRKW will be.

Proposals to extend closure periods also fail to account for the cumulative effect on a recreational fishery in these areas that has already been significantly constrained. These measures appear to the SFAB to be aimed at creating death by a thousand cuts and ignoring the already significant social and economic impacts prior measures have inflicted on these communities.

SFAB Recommendation:

• Proposed extensions to closure periods are held in abeyance pending a DFO review to develop clear objective science-based assessment of the benefit to SRKW prey availability directly related to implementation of these measures.
• Additionally, the Department undertakes an economic analysis of the impact of this proposal to inform decision makers seeking to assess the balance between what is to be gained and lost.

2.2 - Following 2026, implementation considerations

As stated in the SFAB alternative measures proposal, we suggest as an interim step that the existing status quo is maintained for a reasonable period necessary to design and develop an implementation strategy to transition from the existing measures to the SFAB proposed measures. Additionally, we suggest DFO undertake investigation and research to inform development of incremental measures, but those must be framed from a management focus that also achieves a balance with social and economic considerations as a key principle.

SFAB Recommendation:

To support implementation, the SFAB recommends DFO investigates the following issues:

Total Chinook Abundance:

• Current status of chinook abundance in SRKW habitat during the time SRKW are present – aligned to areas currently part of fixed spatial-temporal fishery closures – establish a baseline to measure changes over time
• Analysis of prey availability within existing areas designated to assess effectiveness of management measures performance delivery (all prey made available for SRKW)
• Analysis of Fraser stream-type chinook made available through implementing existing measures – comparative analysis of Fraser to all other sources of chinook, chum, coho
• Analysis of the effect of prey competition from recreational fishing activity specifically within existing

Recovery Objectives, Measures and Targets:

• DFO undertake investigation and research to inform development of incremental measures, but those must be framed from a management focus that also achieves a balance with social and economic considerations as a key principle.
• Evaluation to identify objective metrics to measure fishery management measure performance
• DFO establish clear recovery objectives for all SRKW proposed measures to address Chinook abundance (prey availability & accessibility)
• DFO evaluate exemptions for commercial Whale Watching operations to determine if synchronization to a 400m avoidance zone standard is in the best interest of SRKW prey acquisition requirements to limit physical and acoustic disturbances from these vessels as an effective incremental measure to enhance SRKW prey acquisition success
• Department’s undertake comparative investigative analysis of the performance of existing fishery closures and static non-adaptive measures in delivering objective protection benefit outcomes for SRKW against adaptive management measures proposed by the SFAB

 

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Section 3 - Feedback on the proposed new Chinook Closure measure

The key requirements for the recreational fishery to achieve optimal conditions necessary to function effectively are; 1) Opportunity to fish; 2) Expectation of catch. Without these critical elements, the fishery cannot deliver effectively the social and economic benefits to Canada, and support jobs families and small fishing towns reliant upon the recreational fishery require for their economic well-being.

To an outsider to these communities, it may not be immediately evident the impact uncertainty in opportunity to fish or expectation of catch will have on individuals who are spending hard-earned discretionary dollars on tourism related activities (recreational fishing, lodging, vessel purchases, guide services, marinas, tackle etc). Proposals such as “Chinook Closures” ring alarm bells with potential guests considering booking trips, or others considering participation in the fishery.

Recently implemented non-retention measures created significant panic and redistribution of angling effort which impacts coastal communities, lodges, campgrounds and other service providers in fishing towns reliant upon the fishery. The SFAB has heard from several tourism operators, lodges, guides and supporting marine businesses that just the discussion of these Chinook Closure proposals has generated considerable panic – people looking to change bookings, hold off on purchases etc. We are not attempting to alarmist, rather to help the Department gain deeper understanding of how fragile the recreational fishery is.

Additionally, the SFAB team has heard complaints the Chinook Closure maps, effective dates of proposed measures are in a word, confusing. The maps are also incorrectly defining the Area 123 boundaries.

We also wish to point out that the explanation of what exactly the difference between a Chinook Closure, and non-retention is highly confusing. This is especially concerning to many recreational anglers because the terminal gear employed to catch other salmon species such as coho is the same as is required to catch chinook.



SFAB Recommendation:

• The proposed chinook closure brings little if any meaningful benefit, and while it provides the appearance of implementing an incremental measure, it creates confusion, uncertainty and impedes the stable environment necessary to attract tourists to fishing dependent communities. For these reasons, we recommend this proposal does not advance.
• Before bringing this proposal forward in future, the Department complete a thorough analysis to determine the differential benefit of the Chinook Closure vs other measure such as non-retention or adaptive management options proposed by the SFAB.

Section 4 - Other Key Considerations

4.1- Socio-economic impacts or benefits

Contribution of recreational fishery to Canada – Jobs & GDP

• GDP and jobs flow up into the broader B.C. economic contribution to Canada. Overall, the fishery contributes $1.276 Billion in direct expenditures, 5.75 million days of recreational fishing activity, combined with fresh and tidal water 651 million license sales, and 9,110 jobs - $643 million in GDP.
• By comparison to the commercial salmon fishery, the recreational fishery produces 25 times more GDP, accounts for 48.7% of all employment in the aquaculture and fisheries sectors combined, generates $240 million in wages. Revenues related to the recreational fishery have tripled since 1991 – 2022 period, growing by +232.3%.

We need strong objective science and DFO focus to investigate, develop and employ management measures aimed at achieving a balance between the social and economic benefits to Canada, and effective measures scaled to a science-based evaluation of the real risk posed by the recreational fishery in designing measures to protect SRKW.

 

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Section 4 - Other Key Considerations

4.1- Socio-economic impacts or benefits

Contribution of recreational fishery to Canada – Jobs & GDP

• GDP and jobs flow up into the broader B.C. economic contribution to Canada. Overall, the fishery contributes $1.276 Billion in direct expenditures, 5.75 million days of recreational fishing activity, combined with fresh and tidal water 651 million license sales, and 9,110 jobs - $643 million in GDP.
• By comparison to the commercial salmon fishery, the recreational fishery produces 25 times more GDP, accounts for 48.7% of all employment in the aquaculture and fisheries sectors combined, generates $240 million in wages. Revenues related to the recreational fishery have tripled since 1991 – 2022 period, growing by +232.3%.
• We need strong objective science and DFO focus to investigate, develop and employ management measures aimed at achieving a balance between the social and economic benefits to Canada, and effective measures scaled to a science-based evaluation of the real risk posed by the recreational fishery in designing measures to protect SRKW.

SFAB Recommendation:

DFO Economics and Policy Branch complete an analysis to measure the benefit to SRKW management measures against the opportunity cost of Social and Economic benefits the recreational fishery provides to GDP and job creation





4.2 - Compliance & on-water safety

The SFAB proposed adaptive management strategy - 400m avoidance zone. This measure is backstopped by clearly defined escalating fines. More importantly, a requirement for vessel operators engaged in recreational fishing to immediately cease fishing activity and slowly depart when SRKW are encountered, moving 1000m from the encounter location, will in our view be a gamechanger. This additional measure will capture the attention of recreational fishers. Compliance will be driven by risk associated to a $1,000 fine for failing to cease fishing and depart to 1000m of SRKW sightings creates real urgency in compliance to the measure.

4.3 - Benefits and/or impacts to Southern Resident Killer Whales

Unfortunately, the current suite of proposed measures is adding to the recreational fishery death by a thousand cuts, slowly choking the life out of the conditions necessary to support it. Many coastal communities are heavily reliant upon the recreational fishery for their well-being, and they recognize and support the need to provide objective meaningful benefits to SRKW.



To this end, the SFAB seeks to better understand what the measurable benefits are, how do we assess performance, what is to be gained and lost from implementing incremental measures. What is missing in these current and newly proposed measures is a clear business case that helps the public and especially those impacted by them to see and understand the benefits. Communities are being asked to make financial and social sacrifices with little to no measurable evidence to make the case for change.



At the very least the SFAB would like to see and understand what the benchmarks or recovery targets are that we are expected to meet. What is the threshold after which amendments can be considered to transition from restrictive measures – or is the plan to continue a slow painful march towards complete recreational fishery closure every time there is a suggestion of a new crisis or need to be seen to be taking action?

 

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Appendix A​

SFAB Recommendations

• DFO investigate transitioning SRKW management measures to an adaptive management approach as a response to government direction to the Emergency Order response requesting new incremental measures
• Given high spatial temporal variability of SRKW foraging behaviour, the SFAB recommends DFO transition to an adaptive management approach
• DFO incorporates a principle of applying analysis of how management measures achieve effective balance between those measures and ensuring social and economic benefits to Canada are optimized
• Proposed extensions to closure periods are held in abeyance pending a DFO review to develop clear objective science-based assessment of the benefit to SRKW prey availability directly related to implementation of these measures.
• Additionally, the Department undertakes an economic analysis of the impact of this proposal to inform decision makers seeking to assess the balance between what is to be gained and lost.
• To support implementation, the SFAB recommends DFO investigates the following issues:
• Total Chinook Abundance:
• Current status of chinook abundance in SRKW habitat during the time SRKW are present – aligned to areas currently part of fixed spatial-temporal fishery closures – establish a baseline to measure changes over time
• Analysis of prey availability within existing areas designated to assess effectiveness of management measures performance delivery (all prey made available for SRKW)
• Analysis of Fraser stream-type chinook made available through implementing existing measures – comparative analysis of Fraser to all other sources of chinook, chum, coho
• Analysis of the effect of prey competition from recreational fishing activity specifically within existing

Recovery Objectives, Measures and Targets:

• DFO undertake investigation and research to inform development of incremental measures, but those must be framed from a management focus that also achieves a balance with social and economic considerations as a key principle.
• Evaluation to identify objective metrics to measure fishery management measure performance
• DFO establish clear recovery objectives for all SRKW proposed measures to address Chinook abundance (prey availability & accessibility)
• DFO evaluate exemptions for commercial Whale Watching operations to determine if synchronization to a 400m avoidance zone standard is in the best interest of SRKW prey acquisition requirements to limit physical and acoustic disturbances from these vessels as an effective incremental measure to enhance SRKW prey acquisition success
• Department’s undertake comparative investigative analysis of the performance of existing fishery closures and static non-adaptive measures in delivering objective protection benefit outcomes for SRKW against adaptive management measures proposed by the SFAB
• 
  
• The proposed chinook closure brings little if any meaningful benefit, and while it provides the appearance of implementing an incremental measure, it creates confusion, uncertainty and impedes the stable environment necessary to attract tourists to fishing dependent communities. For these reasons, we recommend this proposal does not advance.
• Before bringing this proposal forward in future, the Department complete a thorough analysis to determine the differential benefit of the Chinook Closure vs other measure such as non-retention or adaptive management options proposed by the SFAB.
• DFO Economics and Policy Branch complete an analysis to measure the benefit to SRKW management measures against the opportunity cost of Social and Economic benefits the recreational fishery provides to GDP and job creation

 

[tiller]

Wow. Excellent work by the SFAB!