The Washington Department of Fish and Wildlife recommended a 1,000-yard buffer in November 2022 as part of a legislative report. In January of 2023, a Bill requiring recreational boaters to remain 1,000 yards from Southern Resident Killer Whales was introduced to the Washington State Legislature. Licensed professional whale watching vessels are already required to maintain a 1,000-yard distance from SRKWs. The intent of the Bill was to make that standard consistent for all vessels in an effort to protect SRKWs. The Bill passed both the House and Senate with amendments and is expected to be signed by Governor Jay Inslee.

The Bill stipulates in part the following:

  • It is unlawful for a person to cause a vessel or other object to approach within 1,000 yards of a Southern Resident Orca.
  • It is unlawful to position a vessel to be in the path of a Southern Resident Orca at any point located within 1,000 yards of the whale.
  • It is unlawful to position a vessel behind a Southern Resident Orca at any point located within 1,000 yards.
  • It is unlawful to fail to disengage the transmission of a vessel that is within 400 yards of a Southern Resident Orca
  • It is unlawful to cause a vessel or other object to exceed a speed greater than seven knots over ground at any point located within 1,000 yards of a Southern Resident Orca.

A person is exempt from these provisions if:

  • Operating a federal government vessel in the course of official duties, or operating a state, tribal, or local government vessel when engaged in official duties.
  • Operating a vessel in conjunction with a vessel traffic service as a vessel traffic service user and following the traffic separation scheme, or
  • Complying with a vessel traffic service or captain of the port, or
  • Complying with the rules of the road or taking actions to ensure safety.
  • Conducting vessel operations necessary to avoid an imminent and serious threat to a person, vessel or the environment, including overall safety of navigation.

The Fine Print:

A violation of these provisions is considered a natural resource infraction and carries a fine of $500, not including statutory assessments. An officer may choose to offer educational materials in lieu of issuing an infraction at the officer’s discretion. An officer may not issue an infraction to the operator of a vessel that is within 400 yards of a Southern Resident Orca who has immediately disengaged the transmission of the vessel.

The Bill further stipulates that the Department of Fish and Wildlife must conduct intensive outreach and education in fiscal year 2024 and the first half of 2025. The Department of Licensing and Parks & Recreation Commission are to mail information regarding the required vessel setbacks and speed limits upon issuance or renewal of a vessel registration.

The new requirement to stay 1,000 yards from Southern Resident Killer Whales takes effect January 1, 2025 due to the time needed to inform the boating public through brochures, signage, and other social outreach. In the meantime, current rules apply – boaters must stay at least 300 yards from Southern Resident Killer Whales and at least 400 yards out of the path in front and behind SRKWs.

RBAW Credit

A big thank you to RBAW (Recreational Boating Association of Washington) who monitored this Bill and provided important feedback to legislators, including the time needed to inform the boating public, and for a vessel operator who disengages their transmission within 400 yards of a SRKW to not be fined. Although questions were raised regarding how boaters would be able to identify a SRKW from 1,000 yards, the legislature was not willing to budge on the new mandatory distance.

RBAW is a non-profit organization that watches out for the interests of recreational boaters through their lobbyist and other forms of communication. There are still pending bills that could adversely affect boaters and ongoing financial support is needed. Individual boaters and Yacht Clubs are encouraged to become members of RBAW. Financial support enables RBAW to continue this important work. See the RBAW website for more information and how you can become a member.

Photo Credit: Hakai Magazine