WDFW LogoWashington Department of Fish & Wildlife
  HELP | EMPLOYMENT | NEWS | CONTACT  
WDFW LogoConservation

Washington Department of
Fish & Wildlife

Main Office
Natural Resources Building
1111 Washington St. SE
Olympia, WA 98501
360-902-2200
Get Directions

Mailing Address
600 Capitol Way N.
Olympia, WA 98501-1091

Phil Anderson
Director

 

 


A pod of killer whales (Orcinus orca)

Orca Information/Fact Sheets
Killer Whale Fact Sheet
- (NOAA Office of Protected Species)
WDFW Status Review
Orca Network
Center for Whale Research
Orca Whales and Boats:
Information and Guidelines
Be Whale Wise Guidelines

Soundwatch

Straitwatch
The Whale Trail
State and Federal Policies & Management
Washington State Laws and Regulations
[ RCW 77.15.740 ]
Federal Recovery Plan
NOAA NW Regional Office Orca Website

Washington’s Vessel Regulation Protecting
Southern Resident Killer Whales

Southern resident killer whales, also known as southern resident orcas, are an icon of Washington’s marine world.  They are classified as an endangered species by the U.S. and Canadian federal governments and by Washington State.  The February 2010 population of 89 whales remains below the 98 whales recorded in 1995.  Threats to the whales that have been identified include: declining salmon abundance (especially chinook salmon), exposure to toxic pollutants, and vessel noise and presence.  

Killer whales rely on their highly developed vocalizations and hearing ability for navigating, finding prey, and communication.  Because of this, increased underwater sound caused by boat engines may be detrimental to survival by impairing foraging and other behavior.  Studies have found that some of the behavioral changes seen in response to vessel sound and disturbance include swimming faster, using less predictable travel paths, making shorter or longer dives, moving into open water, altering normal patterns of behavior at the surface, and spending less time feeding.  These effects often become more pronounced the closer that boats approach.

Viewing of southern resident killer whales by private and commercial vessels has become increasingly popular in Washington and British Columbia in recent decades.  Most whale-watching activity occurs from May to September, when the southern residents are regularly present near the San Juan Islands and in other inner marine waters.  During these months, many whales are accompanied by boats throughout the day.  From 1998-2008, during the summer months, observers counted an average of about 20 vessels within 0.5 mile of the whales during peak viewing hours (11:00 am. to 4:00 p.m.; Soundwatch Boater Education Program 2008 annual report).

Prior to 2008, voluntary guidelines were used to try to address boater behavior around the southern residents.  In response to concerns that whale watching may be disruptive to the whales, the Pacific Whale Watch Association developed a set of best practices guidelines in 1994 for commercial whale-watch operators to follow when viewing the whales.  “Be Whale Wise” guidelines were developed soon after by government agencies, whale advocacy groups, monitoring groups, and the operators association to inform boat operators on appropriate viewing practices.  In addition, two programs, the Soundwatch Boater Education Program and Straitwatch, currently work to improve boater awareness and compliance with the guidelines. While these efforts were successful in improving the viewing behavior of recreational and commercial whale watchers, infractions of the guidelines continued.

In an effort to improve boater behavior around the southern residents, the Washington Legislature passed a law (RCW 77.15.740) in 2008 placing legal restrictions on the activities of vessels near the whales. It is now unlawful to:


Marine enforcement officers from the Washington Department of Fish and Wildlife have enforced the law since its inception Violation of the law is a civil infraction that carries penalties of up to $1,025.

  • Approach within 300 feet of a southern resident whale;
  • Cause a vessel or other object to approach within 300 feet of a southern resident whale.  Vessels are defined as including aircraft, canoes, fishing vessels, kayaks, personal watercraft, rafts, recreational vessels, tour boats, whale watching boats, vessels engaged in whale watching activities, or other small craft including power boats and sailboats;
  • Intercept a southern resident whale.  Interception is defined as when a person places a vessel or allows a vessel to remain in the path of a whale and the whale approaches within 300 feet of that vessel;
  • Fail to disengage the transmission of a vessel that is within 300 feet of a southern resident whale, for which the vessel operator is strictly liable; or
  • Feed a southern resident whale.

Exemptions from the law exist as follow:

  • Adherence must not threaten the safety of the vessel, the vessel's crew or passengers, or is not feasible due to vessel design limitations, or because the vessel is restricted in its ability to maneuver due to wind, current, tide, or weather;
  • Persons lawfully participating in a commercial fishery and are engaged in actively setting, retrieving, or closely tending commercial fishing gear;
  • Persons acting in the course of official duty for a state, federal, tribal, or local government agency; or
  • Persons acting pursuant to and consistent with authorization from a state or federal government agency.

Marine enforcement officers from the Washington Department of Fish and Wildlife have enforced the law since its inception.  Between July 2008 and February 2010, they issued 10 citations and dozens of warnings to recreational boaters.  Violation of the law is a civil infraction that carries penalties of up to $1,025.


Nancy Black / Monterey Bay Whale Watch

For more information or to report violators, contact:

In Washington,

  • NOAA Fisheries Office of Law Enforcement at 1-800-853-1964
  • During business hours (8 a.m. to 5 p.m.), Monday through Friday, contact the Washington Department of Fish and Wildlife at 1-360-902-2936
  • After hours, on weekends, and holidays, contact the local Washington State Patrol office for your area.

In British Columbia,

  • Fisheries and Oceans Canada at 1-800-465-4336