New rules re: Puget Sound Orca

L

localboy

New member
FYI.

In short:
Vessels will be prohibited from approaching any killer whale closer than 200 yards and from intercepting an orca or positioning in its path.
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Exemptions to the rules for safety include vessels actively fishing commercially, cargo vessels traveling in established shipping lanes, and government and research vessels.
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Excluded from the new rules is a seasonal half-mile wide no-go zone along the west side of San Juan Island, which, when first proposed in July 2009, drew heavy criticism.
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How a silent kayak creates "underwater noise" is beyond me, but then I have common sense. :?

Read more: http://www.seattlepi.com/default/articl ... z1J24avQdD

http://www.seattlepi.com/default/article/New-rules-keep-boats-ships-and-kayaks-200-yards-1329590.php
 
SEATTLE (AP) - Washington state is getting a new officer _ one who will protect and serve killer whales.

Federal funds will allow the Washington Fish and Wildlife Department to hire an officer to enforce laws protecting Puget Sound orcas.

The National Marine Fisheries Service says the department will use the $925,000 grant from the National Oceanic and Atmospheric Administration to hire the enforcement officer for three years.

The killer whale cop is expected to spend 500 hours a summer on marine patrols, investigating violations, and working with other federal or Canadian agencies and community groups.

The officer will make sure boaters stay at least 100 yards away from the orcas. They have been listed as an endangered species since 2005, and NOAA turned down a petition Friday to delist them.
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Beware. Due to this funding, the dept will stictly enforce violations so they can show the feds "See. We are doing a good job. Give us more money to continue it". I know how this works....I don't generally have a problem with it though....
 
Sounds like a dream job!

I hope they are reasonable with their citations. I will do my best to avoid any marine mammals, but i dont want a ticket if I accidently stumble on a pod while cruising.
 
Sorry too tempting: Maybe they would assign one officer to each pod of Orca...! Part of Homeland Security. With the secrestration where do we get a million dollars for Orca protection. Maybe Jim could enlighten us as to numbers and how predictable these are. As I understand it there are 3 pods of Resident Southern Orca, (80 to 90 total) as well as transient pods which may travel thru the area. My experience with most of the large marine mammals, is that they can be pretty unpredictable if they sound and resurface--and may not stay 200 years from the boats when they surface.

I know that there are the few exceptions, but my observation is that most boaters are respectful of the Orca and do follow the restrictions. For Atlantic Wright Whales the distance is 500 yards.

Hopefully ticketing will be only if there is an overt and intentional harassment of the Orca. What has happened to Sound Watch and Straight Watch? Are they not effective--that a single water cop can be effective? Would it not have been more affective to fund the voluntary organizations?
 
I dont know... first time I saw Orcas surface near me in South Sound I felt 200 yards was more than close enough from my humble vessel. :shock:
 
Perhaps I can shed some light on this. We are definitely seeing WDFW out there on a daily basis. I understand from talking to people around the marinas, they are also keeping tabs on people fishing and being too close to the Orcas.

It is too bad it says "100 yards" in the press release, because this IS bad information. The rule is: 200 yards lateral, 400 yards in front or behind; you may NOT put yourself in their path, regardless of the distance.

Fish & Wildlife is out there. They are boarding boats and citing people. My take on it is they are not being overly-critical, they are going after people who are violating the law. I have talked with fishermen who feel that if they are anchored or drifting and fishing that the rules don't apply to them... they would be wrong. If you see Orcas coming towards you, pull up the lines and get out of their path. It really is that simple.

The commercial boats use rangefinders at the helm. Stay outside the commercial boats and you are probably legal. Go inside them, and you are probably not.

I know what you are thinking: what if the whales change direction and come up close to your boat? The rules are not gray - less than 200 yards, you will be cited, less than 100 yards, you will be fined. That's what we were told at a captains' meeting.

These are some of the most protected mammals on earth. Pleading ignorance of the rules isn't going to fly. The information is available on line and in most marinas in the San Juans. There is not a day that goes by when we are viewing Orcas that a private boat doesn't follow the rules. The commercial operators don't want problems (the fines can run as high as $50,000) - we are working our butts off to give guests the best view while following all the rules. It is disheartening to see some dumbass run right up on the whales.

There are also speed rules (no more than 7 knots within 1/2 mile of the Orcas) and distance rules from the shoreline, depending on where you are... i.e. you cannot be within 1/2 mile of Lime Kiln Lighthouse when whales are present. Those distances vary according to where you are. Rules in Canada are different from rules in the US... but, there are still RULES.

There are people on shore and people on boats who are keeping tabs... violate the rules and NOAA will hear about it. Like the Coast Guard, they are judge and jury.

I love to see the whales. I am generally too busy at the helm to sit back and enjoy the show, though. The commercial operators are very aware that WDFW has increased funding.

Recreational boats and fishermen need to be aware, too.

Our rule is: less than 100 yards, no props spinning; take your lumps. Be aware, follow the rules. We practice respectful wildlife viewing.

WhaleWatchDistancesE.jpg

Sound Watch and Strait Watch are still out there. It is not one WDFW officer; there have been two on the boat every time I have seen them. I do not know if there are other boats patrolling other areas. Earlier this season, we saw Coast Guard boats telling private boaters to move back - hadn't seen that before. There is more law enforcement on the water than I have seen previously.
 
When I lived up there (some time ago) you were supposed to stay away from the Orcas. However, if you found yourself in their path you were to put the engine in idle (but not shut it off) so the whales could keep tabs on you from the engine noise. You were NOT supposed to try and get away or out maneuver the whales because they were going to go where ever they wanted and would be better at avoiding you than the other way around. If you were following the rules and an Orca or two decided to come up to your boat and check things out, then it was your lucky day and no one would give you any trouble.

I remember being on a boat and 4 Orcas were coming towards us in line abreast. We just sat there (like we were supposed to). The Orcas kept coming and just went under the boat and came up on the other side and just kept heading on their way.

I think that having boats trying to maneuver out of the way of the whales is just asking for trouble. On the other hand, they should come down hard on anyone harrassing the whales. But it should be more than "Oh, you were 178 yards from that Orca. Here's you ticket."
 
Exemptions to the rules for safety include vessels actively fishing commercially
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So let me make sure I understand this correctly. The commercial guys can keep on fishing in the area, but us sport fishing guys will be ticketed?

Why doesn't this suprise me?
 
So if I am having lunch, drifting, motors off, and orcas appear I have to start my engines and drive away? That's what it sounds like to me. Am I interpreting this correctly?
 
I'm glad you asked for clarification because I would like to understand the rules as well, but I'm also not sure I'm clear on that part.
 
I am not trying to interpret the rules or the enforcement. This was information that was passed on to us. I have visited with the WDFW officers who are out there regularly - they seem very decent.

I am, likewise, not suggesting you take my word as the final edict. Do your own research, and be comfortable with your decisions.

I understand what people here are saying, and think I have a pretty good feel for common sense.

From a legal point of view: those engaged in recreational fishing are not considered "a fishing vessel." Don't be upset with me, I don't make up those rules, either.

Dr. Bob asked for my input on this topic, otherwise I would have stayed out of the discussion. I am relating what I have been told. I posted the graphic that NOAA and WDFW are going by. My boss is the president of the Pacific Whale Watch Association... as you can imagine, he makes sure all his captains know and follow the rules. The PWWA helped write those guidelines that are now the law. There are people pushing for legislation to keep boats further away from the whales and the western shoreline of San Juan Island (and other locations).

Jim
 
Thanks for the clarification Jim. Since I don't fish, I don't have to worry about attracting the Orca to a caught fish, but just staying our of their way. I rarely see Orca from the boat, but have seen minke and porpoise more commonly.

Harvey
SleepyC:moon
 
JamesTXSD":3mc3ii5a said:
.

I know what you are thinking: what if the whales change direction and come up close to your boat? The rules are not gray - less than 200 yards, you will be cited, less than 100 yards, you will be fined. That's what we were told at a captains' meeting.

......

Our rule is: less than 100 yards, no props spinning; take your lumps. Be aware, follow the rules. We practice respectful wildlife viewing.

..
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if Orcas pop up near you, or you suddenly noticed them, what is the appropriate response. To get outside of that 200 yard zone, or to wait for them to leave?
 
DuckDogTitus":3g0ny6tx said:
JamesTXSD":3g0ny6tx said:
.

I know what you are thinking: what if the whales change direction and come up close to your boat? The rules are not gray - less than 200 yards, you will be cited, less than 100 yards, you will be fined. That's what we were told at a captains' meeting.

......

Our rule is: less than 100 yards, no props spinning; take your lumps. Be aware, follow the rules. We practice respectful wildlife viewing.

..
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if Orcas pop up near you, or you suddenly noticed them, what is the appropriate response. To get outside of that 200 yard zone, or to wait for them to leave?
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This is our policy: stay outside of 200 yards. If you find yourself at less than 200 yards, but more than 100 yards, slowly move away in a path perpendicular to their travel. If you find yourself less than 100 yards, shut down. When the whales have moved to where you consider it safe to move, slowly move away.

I am dealing with this everyday at work, but I am NOT a spokesman for NOAA or WDFW. This is what our instructions are, each boater has to determine their own course of action. This is a discussion and NOT my opinion on what anyone else should do. Be forewarned that "less than 200 yards, and you may be cited and/or fined."

I regularly see people violate the rules, thinking they are "safe" if they get ahead of the Orcas and shut down. I see boats running right up on the whales, when 30 other boats are at 200+ yards, then claiming, "I didn't know about these rules!" Sailors who feel their course does not have to be altered if they are under sail. Fishermen who think a line in the water makes them "a fishing vessel."

There have been boaters on the dock who snarl at me when they ask what the rules are and I tell them. Not my rules, not my place to tell anyone what to do. The Port of Friday Harbor published the same erroneous "100 yards" in their newsletter at the beginning of the season, then put out a retraction in the next newsletter. There is a LOT of discussion about this, and it upsets some people. I am aware that this "isn't the way it used to be." Not my rules.

I would rather not get in a debate about this, nor be considered the authority on this topic. Ask different authorities, and you will likely get different answers. Best advice I can offer: stay 200+ yards away. It's up to each individual to research and determine how best to do that.

I can tell you from observation what does NOT work: don't be the only boat in the vicinity that doesn't stay 200 yards away, regardless of the circumstances.

I had a guest on one of our boats offer me "a big tip" to get him closer. "If that tip is less than $50,000, I don't think so." :roll: Yes, my response was a joke.

Best wishes,
Jim
 
OK I found more info.
I know big brother is always watching. I've heard some funny stories of WDFW folks with spotting scopes. One year a guy I didnt even know was in the brush with us saw our deer and asked if 'the guy with the beard' got it. he was probably no closer than a 1/4 mile before that and I didnt even know he was there. hmm... now I'm starting to feel self conscious about where I empty my bladder in the bush!

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. This law was updated in 2012 to correspond with current federal regulations. It is now unlawful to:


Marine enforcement officers from the Washington Department of Fish and Wildlife have enforced the law since its inception Violation of the law is a civil infraction that carries penalties of up to $1,025.
Approach within 200 yards of a southern resident whale;
Position a vessel to be in the path of a southern resident whale at any point located within 400 yards of the whale. This includes intercepting a southern resident whale by positioning a vessel so that the prevailing wind or water current carries the vessel into the path of the whale at any point located within 400 yards of the 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;
Fail to disengage the transmission of a vessel that is within 200 yards of a southern resident whale; or
Feed a southern resident whale.
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I'm guessing if the whales pop up within 200 yards of you and the gamies see it, then they saw the whole thing and will know if it was intentional or not. kill the prop for the good of the whales, deal with the rest later. the law is pretty much written towards those with intent, it appears. which I for one appreciate.


http://wdfw.wa.gov/conservation/orca/
 
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