ORCAS: New state report recommends keeping some boaters and paddlers further away from endangered Southern Resident whales

(Photo by David Hutchinson, from January 2020 visit of Southern Resident Killer Whales)

“A big win for the whales.” That’s how Donna Sandstrom of The Whale Trail describes a new recommendation from the state to require some boaters and paddlers to give Southern Resident Killer Whales more space. She served on the governor-appointed task force that advocated for SRKW protections including keeping boats further away from the endangered orcas. Here’s what the state has announced:

A new report released by the Washington Department of Fish and Wildlife (WDFW) recommends that the Legislature increase the vessel buffer for recreational boaters, commercial whale watching operators, and guided paddle tours around Southern Resident killer whales to 1,000 yards to further support orca recovery.

Prompted by Senate Bill 5577, the report considers the effectiveness of rules for recreational boaters and commercial whale-watching operators aimed at protecting Southern Residents from the effects of vessel noise and disturbance.

Listed as endangered under the Endangered Species Act in 2005, Southern Resident killer whales face three main threats: lack of food, contaminants in their food, and vessel noise and disturbance as they forage and communicate using echolocation. Center for Whale Research’s September 2022 census recorded the Southern Resident population at just 73 individuals.

Just this past summer, the Department designated 12 Southern Residents as vulnerable after researchers demonstrated they were in the lowest body condition state—the bottom 20% for the whale’s age and sex—which is associated with a two-to-three times higher rate of mortality.

The news release also notes:

The Department also recommends maintaining the definition of commercial whale watching and the license requirement, but recommends changes to reduce the potential financial and administrative burden of the license and rules, simplifying where possible, and further distinguishing between motorized commercial whale watching and non-motorized, guided paddle tours. While the report recommends a 1,000-yard buffer around Southern Residents, it doesn’t suggest any changes to commercial or recreational viewing of other, healthier populations such as Bigg’s killer whales, humpback whales, gray whales, or any other whale species currently in the area, which comprise most whale-watching opportunities in Washington.

The full 86-page report is here. Sandstrom says The Whale Trail was part of a focus group interviewed while the report was being prepared, and supports its recommendations. She points to research “quoted in the report shows that female Southern Resident orcas stop foraging when vessels approach closer than 400 yards, and that SRKW exhibit behavioral changes when vessels approach closer than 1,000 yards.” That study (summarized here) was by researchers including West Seattleite Jeff Hogan. The current regulations are a 300-yard buffer on either side for recreational boaters and 400 yards in front and behind, while commercial whale watchers have to stay 1/2 nautical mile away October through June but are allowed to view the Southern Residents from 300 yards away for two 2-hour periods each day July through September.

The Legislature would have to take action to put this new recommendation into place – but in the meantime, she notes, “Until the law is changed, boaters can voluntarily pledge to stay 1/2 nautical mile from SRKW by taking the pledge at GiveThemSpace.org.”

6 Replies to "ORCAS: New state report recommends keeping some boaters and paddlers further away from endangered Southern Resident whales"

  • Kersti Elisabeth Muul December 2, 2022 (8:36 am)

    So proud of Jeff and the NOAA Dtag team. Not often do we get research that is actionable. Their research was used for this decision making. Also good news; the PWWA will not fight this!

  • Michelle December 2, 2022 (12:28 pm)

    Excellent news!! Save the whales!!!

  • Flivver December 2, 2022 (4:22 pm)

    What will any actual enforcement look like? 

    • Donna, The Whale Trail December 3, 2022 (12:14 pm)

      Hi Flivver – this recommendation will make enforcement a lot easier, by having all boats at one distance from the whales. Currently there are different distances for recreational boaters and commercial whale-watchers. The rules for commercial whale-watching change depending on the time of year, and which animals are designated as vulnerable.

      These disparate rules are challenging to communicate, comply with, and enforce. One clear perimeter that applies to all boaters will be easier to understand, maintain and defend, and is one of the reasons we fully support this recommendation.

      That said, we also think there needs to be more enforcement presence in central Puget Sound in fall and winter. This area is often overlooked for its importance to the southern residents, and we are working to change that too.

      The orcas are in this area an average of 20 days each season – probably more this year because of the record chum returns. We think there should be a marine enforcement patrol with them each time they are here, because enforcement presence is the single best determinant for whether boaters follow the rules, or not. Get in touch if you want to help us with that! donna@thewhaletrail.org

  • Shauna December 2, 2022 (6:12 pm)

    Thank you so much. My favorite news today. This is so needed!

  • Peggy December 3, 2022 (1:30 pm)

    A huge thank you to Donna Sandstrom, thewhaletrai.org.  Her participation on the governor’s task force in  2019 played a significant role in developing the legislation that led to this decision by WDFW.  Her tireless lobbying and networking with interested parties and organizations has helped build awareness and emphasis on the scientific data  needed to reach this decision to give further protection for our seriously endangered Southern Resident Orcas.These efforts also include networking with partners in British Columbia which is also home to the Southern Resident Orcas and where legal protection has been  given to the SR Orcas.  Donna is a true champion of the Orcas and we should be thankful her work and all of the accomplishments of The Whale Trail.

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