CBC news

british columbia news
Monday, Apr 19, 2004

Getting too close to whales proves expensive

VICTORIA (CBC) - A former whale-watching operator from Victoria has been fined $6,500 for disturbing whales in Active Pass 18 months ago.

Gerry Fossum was charged in 2002 when his boat went too close to a pod of killer whales in the channel between Galiano and Mayne Islands. He was convicted of disturbing a whale by coming within five metres of the orcas, and then turning on his engines to chase the group.

In passing sentence, Mr. Justice Higgenbotham said he rejected Fossum's defence that the charges were politically motivated. He said he also didn't accept Fossum's contention that Department of Fisheries and Oceans officers put the whales in danger by chasing his boat.

The judge said he's sending a message to the industry and to the public to keep their distance from whales in the wild.

Fossum had testified earlier that he has now left the industry because he's disgusted with the ambiguity of the guidelines for whale-watching. The voluntary code says vessels should not get closer than 100 metres to whales.