2024 Southern Resident Killer Whale Vessel Adaptive Management Legislative Report (2024)

This report fulfills two legislative requirements for the Washington State Department of Fish and Wildlife (WDFW, or the Department): 

1. From RCW 77.65.620, subsection 5: To analyze the effectiveness of and provide recommended changes to the state’s commercial whale watching rules, license fee structure, and approach distance rules and provide the second of three mandated reports. 
2. From Section 6 of Senate Bill 5371: To summarize the work of a work group and the Department that will inform the development of outreach and education strategies to implement updated vessel regulations (as outlined in RCW 77.15.740). 

The report is organized into three main sections and has three substantial appendices: 

• Section 1, Introduction and Background, includes an overview of the Department’s 2023-24 adaptive management process, a brief background on the vessel regulations aimed at reducing underwater noise and disturbance of Southern Resident killer whales (SRKW), and updates since fall 2022, including vulnerable SRKW status, best available science, and progress on 2022 recommendations and next steps. 
• Section 2, Adaptive Management Process Summaries, includes summaries of two adaptive management efforts and related requirements: 
  • Findings of the Compliance and Effectiveness Analysis 
  • Orca Regulations Communications Advisory (ORCA) Group Process 
• Section 3, WDFW Recommendations, succinctly lists WDFW’s adaptive management recommendation and considerations for the Washington State Legislature. 
• Appendix A, Department-suggested Revisions to WAC 220-460, contains a copy of the WAC Chapter with the Department’s suggested revisions in track changes. 
• Appendix B, Analysis of Available Compliance and Effectiveness Data, evaluates available data on Commercial Whale Watching Licensing Program and vessel traffic regulation performance and outcomes to identify potential adaptive management opportunities for WDFW. It also considers the potential challenges with implementation of the forthcoming 1,000-yard approach distance limit, and opportunities to address those challenges. 
• Appendix C, ORCA Group Report, provides a detailed overview of the ORCA Group process, deliberations, and recommendations related to fiscal year 2024-25 communication investments.