PROTECTING ORCAS: State House passes buffer bill to keep boaters further away from endangered Southern Resident Killer Whales

(J44 [Moby] and J53 [Kiki] – photo by Mark Sears, permit #21348)

Back in January, we reported on legislation to require that endangered Southern Resident Killer Whales be given more space. Now, a milestone on the journey to becoming law – here’s what Donna Sandstrom of The Whale Trail, who worked on the governor’s orca task force, reports a key bill is almost all the way through the Legislature:

Good news! The bill to establish a 1,000-yard buffer around the southern residents passed the House yesterday (read the House announcement here.) It won’t take effect until January 2025, which was a disappointment, but it will be mandatory for all boaters – a big win for the whales.

The bill also requires Washington Department of Fish and Wildlife to establish a working group focused on boater solutions, so recreational boaters have the tools they need to know when southern residents are in the area, and how to estimate 1,000 yards at sea.

SB 5371 implemented a recommendation from WDFW in a recent adaptive management report, and is based on best available science showing that vessel approaches closer than 1000 yards significantly reduce the whales’ ability to find and catch their prey. The harmful impacts of noise and disturbance are more pronounced on females: female southern resident orcas abandon hunts when vessels approach closer than 400 yards.

Even though the distance requirement won’t be mandatory until 2025, there’s no reason to wait to give the whales the space they need. Boaters can take the voluntary pledge at givethemspace.org, to 1,000 yards away. Download the free app Whale Alert and learn when southern residents are in the area, so you can watch them from shore, or avoid them at sea.

Special thanks to House Majority Leader Joe Fitzgibbon and Senator Joe Nguyen, who supported this bill every step of the way. Also to other legislative champions, WDFW, our fellow organizers in the Give them Space campaign, and the many people and organizations who stepped up for the orcas this session. A sea change is underway, against great odds.

This bill is the outcome of public process that began on the Governor’s Task Force. On the long road to recover the orcas, this is a big next step. We can’t wait to tell J pod!

Donna adds that the bill isn’t final yet – there’s one more “step in the Legislative process before the bill achieves final passage. Because the House bill is different than the bill that passed the Senate, representatives from both bodies will meet to reconcile the difference, a process known as concurrence.”

9 Replies to "PROTECTING ORCAS: State House passes buffer bill to keep boaters further away from endangered Southern Resident Killer Whales"

  • anonyme April 13, 2023 (2:03 pm)

    And what will be the restrictions on commercial and cruise ships responsible for most of the noise and pollution?  While necessary, this seems like an empty gesture.  There was recently a discussion on KUOW regarding the devastating effects of cruise ships on the environment, and whales in particular.  Refreshing to hear the truth instead of the usual pro-commerce propaganda.

    • CarDriver April 13, 2023 (4:57 pm)

      anonyme. So, you would like the ports of Seattle and Tacoma shut down? I take it you want all tugboats shut down. I take it you want all cruise ships shut down. Shutting ferries down also, correct? How about fish boats, pleasure boats, jet ski’s etc.??? Human powered boats-canoes, kayaks paddleboards? They’re capable of “harassment” also. After all, all these are “pro-commerce” meaning they’re all bad. 

  • CarDriver April 13, 2023 (2:15 pm)

    As a boater can and will tell you there are NO tools to tell us what exactly 1,000 yards actually is. What if the whales are moving towards you?  My boat goes 8mph flat out doubt they’re slower than that. Should there be protections for marine mammals? Absolutely yes! Should those rules be required to be able to be observed by real people in the real world? Absolutely yes! At the end of the day can/will any of these new rules be enforced fairly and correctly? I highly doubt it

    • hj April 13, 2023 (4:25 pm)

      It’s stated right in the text that one of the required outcomes is to provide better distance estimation techniques for recreational boaters. 

      • CarDriver April 13, 2023 (4:44 pm)

        hj. I don’t have radar. Whales wouldn’t show up anyway. Unless it’s sunny and flat calm water and sky conditions make it hard to tell distances that far out.  Their “better” is nothing to bet on.

  • Ann April 13, 2023 (2:23 pm)

    Excellent news. Hope it makes the next hurdle. Joe, and Joe, and all concerned;, appreciate your effort on this. Didn’t think this was necessary until I personally witnessed how much harassment theses magnificent creatures receive from boats chasing them on a daily basis – often from people who mean no harm, but are ignorant of what Orcas need to feed, stay healthy, and reproduce. But also from people who absolutely know better but have other interests. In addition,  boat engine loud and incessant underwater noise is a huge detriment to ALL whales’ health (not to mention high contaminant levels in Puget Sound). Our beloved Southern Resident Orcas – only a precarious 73 left -and counting, with a significant decline in last 10 years.  We need to do so much more, but at  the very least, give ’em some space!

  • Herongrrrl April 13, 2023 (6:21 pm)

    Great, another meaningless rule that will be  100% because WDFW already doesn’t have the resources to enforce the current regs, and doesn’t do anything to restore salmon (which is the biggest issue for those whales, but my goodness the research community has going hoarse saying so for decades now and lawmakers don’t listen).

  • JUSTDOIT April 14, 2023 (11:04 am)

    HERONGRRRL, I can really appreciate your dismay and frustration. But when I read this  all I hear is complaining, which isn’t very helpful to everyone fighting (this hard) fight and certainly does not help the whales. Instead, please consider posting often what actions YOU  are taking to put pressure on WDFW and our lawmakers to listen and take action themselves. You’ll be joining thousands of others who are doing that – and gaining ground step by step. That’s how things change. 

  • Donna Sandstrom April 15, 2023 (2:50 pm)

    Visit orca.wa.gov to learn more about the threats the orcas face, and the steps Washington State is taking to address them. The Task Force recommended 44 actions to increase prey abundance, reduce toxin accumulations, decrease noise and disturbance, and address climate change and future growth. The website tracks these and other solutions, and is a great resource overall.

    We are still waiting for SB 5371 to go through concurrence, crossing fingers for Monday.

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