Keep Clear Of Killer Whales
ince passage of a Washington state law in 2008,
Puget Sound boaters have had to stay 100 yards
away from killer whales, and now NOAA’s Fisheries
The federal rules apply to all types of boats, including
sailboats and human-powered craft like kayaks and canoes,
as well as to the popular commercial whale-watching vessels
in these waters. After extensive public comment, NOAA did
back down from a proposed half-mile-wide no-go zone along
the west side of San Juan Island where all vessel traffic would
be prohibited from May 1 through the end of September.
The Washington Dept. of Fish and Wildlife already has
an enforcement agreement with NOAA and is enforcing the
new restriction zones this season, according to Capt. Mike
Cenci of the department. While NOAA has its own investi-
gators, Cenci said his state marine officers are the primary
enforcement arm.
The state law carries a maximum civil penalty of $1,025
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but has exemptions in situations that could compromise
vessel safety or where weather or water conditions affect
a boat’s maneuverability. Although the department has
issued 10 citations since the law went into effect, he added
that boaters have to commit “pretty egregious acts before
we would cite them. Oftentimes you don’t know the
whales are there until they are right beside you,” he says.
“A vessel can find itself in a situation where they are techni-
cally in violation but through no fault of their own. Those
are not the people we are interested in citing.”
The aim of the new rules is to protect what NOAA
identifies as the southern resident population of killer
whales, also known as orca, which the agency added to the
federal endangered species list in late 2005. That popula-
tion is estimated at 86 animals, about half of which are
sexually mature, and they inhabit the waters of the Strait of
Juan de Fuca and Haro Strait as well as Puget Sound.
The agency issued a killer-whale recovery plan, as
required under the law, in early 2008. It calls for actions
to “reduce disturbance from vessels” but scientists have
identified the current shortage of the whale’s preferred prey,
Chinook salmon, and water pollution as the major threats
to the population. — R.L.
PHO TO COUR TESY NOAA
