Commercial Whale Watching & Paddle Tour Licensing Program

How to apply

Please visit the WILD website to apply. Reference our training videos for more information, and email cwwl@dfw.wa.gov with any questions or issues with your license application. 

New in 2025: Reporting to WhaleReport is required for any commercial whale watching operator SRKW encounter-- not just for encounters closer than 1,000 yards, but any time SRKW are identified. Keeping logs of SRKW encounters and reporting to WDFW via the form below is strongly encouraged, but voluntary.

There are two types of reporting requirements for commercial whale watching and paddle tour license-holders:

Real-time reporting via the WhaleReport app

Commercial whale watching operators must report all real-time SRKW sightings to the WhaleReport Alert System by logging them through the WhaleReport app. More information about the WhaleReport app is available on the Wild Whales website, and here's a video showing how to submit a report. 

Reporting to WhaleReport is required any time an operator identifies and/or comes within 1,000 yards of a Southern Resident orca. Real-time reporting to WhaleReport is mandatory for commercial whale watching operators and encouraged for paddle guides.

Voluntary logs & reporting to WDFW

Commercial whale watching operators and paddle guides are strongly encouraged to maintain logs and report SRKW encounters within 24 hours to WDFW. Please use the form below to submit copies of your logs. 

Here's a paper form (PDF) you can print and use to log your notes for reporting to WDFW. We suggest printing several copies and keeping them in a binder when operating. While logs should be submitted online, please also keep your personal copies.

Inadvertent SRKW encounters

Vessels, including commercial whale watching and paddle tour vessels, are not permitted within 1,000 yards of Southern Resident orcas. However, if a motorized commercial whale watching operator inadvertently comes across SRKW, they have three responsibilities:

• Immediately retreat to at least 1,000 yards.
• Immediately report the SRKW location to the WhaleReport app.
• Within 24 hours, voluntarily report the details of the encounter below.

Reporting Form

As part of the commercial whale watching licensing program, WDFW will provide training for commercial operators to support reporting, and compliance monitoring procedures, including real-time reporting of SRKW sightings to the Whale Report Alert System.

Operators need to complete this WDFW-provided training in order to legally operate. You can complete this training online, on the WILD platform before buying your license. 

Here's what you need to do to complete this requirement: 

• Read WAC 220-460 including all the subsections.
• Log into your WILD account and watch the training videos.
• Pass the quiz on the materials. 

The rules for commercial viewing of SRKW are available in WAC Chapter 220-460. These rules were last updated in February 2025. 

For more information, visit  RCW 77.65.615, RCW 77.65.620, WAC Chapter 220-460 and DFW's commercial whale watching rulemaking web page. 

As of January 2025, vessels are required per RCW 77.15.740 to stay 1,000 yards (roughly 1/2 nautical mile) from all SRKW year-round. This setback essentially treats all SRKW as "vulnerable" and eliminates the need for WDFW to designate specific "vulnerable" individuals among the endangered SRKW population. The 1,000-yard setback applies not just to commercial whale watching vessels, but to all vessels (with some exemptions).

In 2021-2024, the Department worked with Sealife Response, Rehabilitation, and Research (SR³) to complete a comprehensive scientific assessment of the most recent imagery of SRKW to inform which whales met criteria for vulnerable designations. Based on these analyses, WDFW determined whales that merited vulnerable designations and issued emergency rules that required commercial whale watching vessels to maintain a 1/2 nautical mile buffer from any group of whales containing a designated vulnerable whale. In addition to whales designated vulnerable, commercial whale watching vessels were required to stay 1/2 nautical mile from any group of whales containing a calf under one year old. 

With the implementation of a year-round, 1,000-yard setback from SRKW for all vessels in 2025, the Department conducted rulemaking and repealed the sections describing when commercial whale watching vessels could and could not approach closer than 1/2 nautical mile (WAC 220-460-110 and WAC 220-460-120), which included the section restricting approaches of calves and vulnerable whales. Now, commercial whale watching vessels and marine paddle tours are required to maintain the 1,000-yard buffer from SRKW year round, along with recreational and other non-exempt vessels.

Current

• N/A - WDFW does not plan to issue vulnerable whale designations in 2025, as all vessels are required to stay 1,000 yards from all SRKW year-round.

Archive

Expired: List of calves that were under one year old at some point since the launch of the commercial whale watching licensing program in 2021:

• J57, born September 2020
• J58, born September 2020
• L125, born February 2021
• J59, born February, 2022
• K45, born April 2022
• L126, born June 2023
• L127, born June 2023
• J60, born December 2023 (missing as of January 2023)

Expired: List of whales designated as sick or vulnerable by WDFW by emergency rule: 

• K21 - designated vulnerable on 7/30/21 (emaciated, dire condition)
• J56 - designated vulnerable on 9/2/21 (poor body condition)*
• J36 - designated vulnerable on 9/13/21 (late-stage pregnancy)**
• J37 - designated vulnerable on 9/13/21 (late-stage pregnancy)
• J19 - designated vulnerable on 9/13/21 (late-stage pregnancy)
• J27 - designated vulnerable on 6/30/22 (poor body condition)
• J36 - designated vulnerable on 6/30/22 (poor body condition)
• J44 - designated vulnerable on 6/30/22 (poor body condition)
• J49 - designated vulnerable on 6/30/22 (poor body condition)
• J56 - designated vulnerable on 6/30/22 (poor body condition)
• L54 - designated vulnerable on 6/30/22 (poor body condition)
• L83 - designated vulnerable on 6/30/22 (poor body condition)
• L90 - designated vulnerable on 6/30/22 (poor body condition)
• L94 - designated vulnerable on 6/30/22 (poor body condition)
• L110 - designated vulnerable on 6/30/22 (poor body condition)
• L116 - designated vulnerable on 6/30/22 (poor body condition)
• L117 - designated vulnerable on 6/30/22 (poor body condition)
• L72 - designated vulnerable on 6/30/22 (late-stage pregnancy)
• J16 - designated vulnerable on 6/29/23 (poor body condition)
• J39 - designated vulnerable on 6/29/23 (poor body condition)
• J44 - designated vulnerable on 6/29/23 (poor body condition)
• J49 - designated vulnerable on 6/29/23 (poor body condition)
• J53 - designated vulnerable on 6/29/23 (poor body condition)
• J56 - designated vulnerable on 6/29/23 (poor body condition)
• K38 - designated vulnerable on 6/29/23 (poor body condition)
• L90 - designated vulnerable on 6/29/23 (poor body condition)
• L110 - designated vulnerable on 6/29/23 (poor body condition)
• L117 - designated vulnerable on 6/29/23 (poor body condition)
• J36 - designated vulnerable on 6/29/23 (late-stage pregnancy)
• J16 - designated vulnerable on 6/28/24 (poor body condition)
• J36 - designated vulnerable on 6/28/24 (poor body condition)
• J37 - designated vulnerable on 6/28/24 (poor body condition)
• J39 - designated vulnerable on 6/28/24 (poor body condition)
• J42 - designated vulnerable on 6/28/24 (poor body condition)
• J44 - designated vulnerable on 6/28/24 (poor body condition)
• J49 - designated vulnerable on 6/28/24 (poor body condition)
• J53 - designated vulnerable on 6/28/24 (poor body condition)
• L22 - designated vulnerable on 6/28/24 (poor body condition)
• L94 - designated vulnerable on 6/28/24 (poor body condition)
• L108 - designated vulnerable on 6/28/24 (poor body condition)
• L113 - designated vulnerable on 6/28/24 (poor body condition)
• L119 - designated vulnerable on 6/28/24 (poor body condition)
• L124 - designated vulnerable on 6/28/24 (poor body condition)
• J47 - designated vulnerable on 6/28/24 (rapid decline in body condition)
• J22 - designated vulnerable on 6/28/24 (late-stage pregnancy)

* "Poor body condition" means the whale is in the lowest 20%, when compared to other whales of its age and sex at similar times of the year. Classification in "poor body condition" is linked to a 2-3 times higher risk of mortality (Stewart et al., 2021). Please reference SR³'s body condition memos below for more information about this designation. 

** "Late-stage pregnancy" means that a whale is in the last six months of a ~17 month gestation period. Female whales are more likely to stop foraging in the presence of boats (Holt et al., 2021), and as pregnant whales approach giving birth, their food consumption needs increase (Kriete, 1994).  Over two-thirds of pregnancies are unsuccessful, ending in miscarriage or immediate mortality of newborns (Wasser et al., 2017). Please reference SR³'s late-stage pregnancy memos below for more information about this designation. 

Vulnerable whale reports

• Please see the 2022, (PDF)2023 (PDF), and 2024 (PDF)memos from SR³ that informed the vulnerability designation for poor body condition.
• Please see the 2022 (PDF), 2023 (PDF), and 2024 (PDF)memos from SR³ that informed the vulnerability designation for late-stage pregnancy.
• Please see the SR³ 2022, (PDF) 2023 (PDF), and 2024 (PDF)memos on constrained growth in SRKW under the age of 10.

History of the License

In spring 2019, the Washington Legislature passed Senate Bill 5577: a bill concerning the protection of Southern Resident Orca Whales from vessels, which established a license for commercial whale watching and directed the Washington Department of Fish and Wildlife (WDFW) to administer the licensing program and develop rules for commercial viewing of Southern Resident Killer Whales (SRKW). (See RCW 77.65.615 and RCW 77.65.620)

The Department developed rules for commercial viewing of SRKW in 2020. The final rules were filed on December 23, 2020 and went into effect January 23, 2021, with the exceptions of sections 020 describing the license application process and requiring a license to operate and section 140 specifying compliance, training, and reporting requirements (which went into effect May 1, 2021).

• WDFW filed an emergency rule (PDF) that restricted commercial viewing of SRKW to one-half nautical mile from January 1-23, 2021, which covered the gap between January 1 and the permanent rules going into effect.
• WDFW filed an emergency rule that changed the requirement to have a commercial whale watching license in order to operate from March 1 to May 1, 2021.

For more information, visit  RCW 77.65.615, RCW 77.65.620, WAC Chapter 220-460 and DFW's commercial whale watching rulemaking web page. 

The Department began selling annual commercial whale watching licenses in February 2021, and operators were required to have a license to operate starting May 1, 2021 (this date was updated from March 1 by WDFW via emergency rule). WDFW Enforcement began checking for licenses in the field in June of 2021. 

Annual licenses have been required and the rules related to commercial whale watching/paddle tours and viewing of SRKW have been in effect since 2021. 

Adaptive Management 2021-present

In spring 2021, the Washington Legislature passed a bill (ESB 5330) that modified the license structure and fees and waived the commercial whale watching license fees in 2021 and 2022. The legislation took effect on May 12, 2021. WDFW modified the commercial whale watching license application to align with the new law and worked with applicants to adjust to the updated application process.

Per the initial 2019 legislation that established the licensing program (2SSB 5577), the Department was required to complete an analysis and report to the governor and the legislature on the effectiveness of and any recommendations for changes to the whale watching rules, license fee structure, and approach distance rules by November 30, 2022, and every two years thereafter until 2026. Two of these reports have been completed.

• 2022 SRKW Vessel Adaptive Management Report
• 2024 SRKW Vessel Adaptive Management Report

The 2022 report led to the legislature's adoption of ESSB 5371 in 2023. This bill implemented several changes to the commercial whale watching program, including lowering or eliminating many of the license fees. WDFW filed an emergency rule (PDF) on May 19, 2023 in order to issue partial reimbursements of the difference in fees for 2023 licenses. 

The 2023 bill also further distinguished motorized/sailing commercial whale watching from paddle tours by separating the business licenses. Whereas paddle tours and guides were initially (2019) lumped with motorized commercial whale watching businesses and operators, ESB 5330 (2021) separated kayak guide licenses from motorized whale watching operator licenses, and ESSB 5371 (2023) separated paddle tour business from motorized/sailing commercial whale watching businesses. Notably, these bills did not change the overall pool of businesses and individuals required to have licenses. Rather, the bills sub-divided and modified the names and associated fees of applicable licenses. 

In 2025, the Department conducted rulemaking to update WAC 220-460 to align with the changes to RCW 77.15.740 that went into effect January 1, 2025. Due to the 1,000 yard setback for all non-exempt vessels from SRKW, some sections of WAC 220-460 were repealed because they are no longer relevant, including section 110 (Limits on number of vessels in the vicinity of southern resident killer whales at once) and 120 (Time limitations on watching southern resident killer whales). The rule also changed references to 1/2 nautical mile to 1,000 yards and updated reporting requirements. Notably, RCW 77.15.740(7-8) now codifies some requirements for commercial whale watching directly in statute.

The Department's third adaptive management report is due to the Legislature in November of 2026.

Other Highlights

Per WAC 220-460-140, all motorized vessels used for commercial whale watching—not just those that meet the Coast Guard requirements—must be fitted with an Automatic Identification System (AIS) unit (class A or B). AIS must be maintained and kept in operation at any time the vessel is conducting commercial whale watching activities. WDFW offered a cost-share grant program in fall of 2021 (application period: September 14- December 22, 2021) to offset the costs for operators who purchased AIS due to the requirements of Washington's commercial whale watching licensing program.

Do I need a license? As of May 1, 2021, a commercial whale watching business license is required for commercial whale watching businesses including motorized and/or sailing vessels, and a paddle tour business license is required for marine paddle (e.g., kayak, stand-up paddle board) tour operations. Licenses are also required for vessel operators and paddle tour guides.

What if my business does not offer "whale watching tours" but views whales and other marine mammals opportunistically? It is up to each business to determine whether its operations qualify under the rules as whale watching. However, in the authorizing legislation (2019's 2SSB 5577), sea kayak tour businesses were specifically identified within the umbrella of commercial whale watching activities. Over subsequent legislation, paddle tour businesses and guide definitions and licensing requirements were further clarified and distinguished from motorized commercial whale watching. Besides the rule text linked here (WAC chapter 220-460), we recommend reading RCW 77.65.615 and RCW 77.15.815 to assess applicability to you and your business. Please be aware that unlawfully engaging in commercial whale watching is defined as a crime in RCW 77.15.815.

What about fishing charter businesses that view marine mammals opportunistically? Incidentally viewing whales and other marine mammals while fishing or transiting (as long as you don’t change behavior to give your passengers a viewing opportunity) does not require a commercial whale watching license, but actively pursuing marine mammal viewing during fishing charters (and/or advertising and promoting viewing of marine mammals to clients) would. 

How much does a commercial whale watching license cost? You can calculate your fees using the fee information in RCW 77.65.615. These fees were reduced substantially between 2019 and 2023, including a two-year fee waiver in 2021-2022 (the first two years of the program) and a permanent fee reduction in 2023.

• Per the original fees, a commercial whale watching operation with 3 vessels (125 passengers, 30 passengers, and 12 passengers respectively) and 3 operators would have owed $3,500. That level of fee was never collected. Instead, that business paid $0 in 2021 and 2022 and $345 ($270 for the business license and $25 per operator license) in 2023 and beyond.
• Per the original fees, a paddle tour operation with 30 kayaks and 8 guides would have owed $2,350. That level of fee was never collected. Instead, that business paid $0 in 2021 and 2022 and $470 ($270 for the business license and $25 per guide license) in 2023 and beyond.

How often should I renew my license? Commercial whale watching licenses expire at midnight on December 31st of the calendar year for which they are issued. Licenses may be renewed annually upon application and payment of the applicable license fees.

Do I need to take a training? Yes. All commercial whale watching business, paddle tour business, operator, and paddle guide license holders must complete annual training from the department on marine mammals, distances on the water, impacts of whale watching on marine mammals, and SRKW-related rules and reporting. 

How are the rules enforced? WDFW recognizes that commercial whale watching operators are deeply invested in the recovery of Southern Residents and take measures to support their survival seriously. WDFW Enforcement officers routinely do on-the-water patrols to help keep people — and wildlife — safe and can issue fines or criminal citations for commercial operators violating these rules. Please reach out to WDFW Enforcement or Department staff with questions.

How did the department develop the rules for commercial whale watching of SRKW? The original suite of rules in WAC 220-460 represent a year-long process with guidance from WDFW's Commercial Whale Watching Licensing Program Advisory Committee, an intergovernmental coordination group and an independent science panel. In addition to the State Environmental Policy Act (SEPA) process, the rules were also informed by reports summarizing the science and analyzing economic impacts on small businesses. The Commission also received input from more than 4,000 commenters on the draft rules. More information is available on the 2020 rule making web page. Subsequent updates to the rules were informed by legislation and rigorous adaptive management analyses. 

WDFW recognizes that watchable wildlife businesses care deeply about the recovery of SRKW. These operators provide an on-the-water opportunity for people to form lasting memories and emotional connections to our state’s iconic animals. We encourage Washingtonians and visitors looking to view SRKWs to either:

• View from shore at a broad network of locations across the region, or
• Go aboard a professional whale watching tour that can identify what you’re seeing and maintain appropriate distances from whales.

For folks who opt to get out on the water in a private vessel, boaters are encouraged to follow Be Whale Wise guidelines and recreate responsibly to keep people and wildlife safe.

Boaters are encouraged to watch for the Whale Warning Flag, an optional tool from the San Juan County Marine Resources Committee, that lets others know that there might be whales nearby. If you see the flag, slow down and follow guidelines.

New in 2025: The Department created a new boater resources hub at wdfw.wa.gov/orca and launched a new peer-to-peer boater ambassador program.

In 2024, the Department convened an Orca Regulations Communications Advisory Group, with participation for the commercial whale watching industry. This advisory group made a suite of recommendations to improve education and outreach to recreational boaters regarding regulations and best practices for boating in waters inhabited by Southern Resident orcas. The new boater resources hub and ambassador program are results of that effort.