We hear so much about how NOAA and the State want to protect the Orcas. So where is our enforcement when it’s needed? Photo from Kim Merriman of Budd Inlet via a mutual friend. Orcas in the center of the boats. Does that look like 200’ let alone 300’? This is the core of the argument. You can pass all the laws and regs you want, but no one shows up when it’s needed. It really seems more of a joke, that only ends up destroying the industry of whale watching who are actually following the rules. It’s why some of us get a bit upset when the Feds come in and demand ‘protection’ without supplying any money for it.
According to the State:
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.
From the State Guidelines: (http://wdfw.wa.gov/conservation/orca/)
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:
- 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
In 2011, NOAA Fisheries Service adopted new regulations under the Marine Mammal Protection Act and Endangered Species Act to protect all killer whales in inland waters of Washington. Be Whale Wise and Follow the Law. It’s easy as 1, 2, 3…
- The ONE place not to be is in the path of whales. Don’t position your vessel in the path of oncoming whales within 400 yards of a whale.
- Stay at least TWO hundred yards away from any killer whale (200 yards = the distance of two football fields or about 200 meters).
- Remember these THREE ways to Be Whale Wise: follow the guidelines for viewing all wildlife, check for local protected areas and restrictions, and always be safe.
- Federal regs are actually more than most state regs.
http://www.bewhalewise.org/new-regulations/
To report violators
IN THE US 1-800-853-1964 NOAA Fisheries, Office for Law Enforcement