| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Agriculture & Natural Resources Committee | |
HB 2514
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Protecting orca whales from the impacts from vessels.
Sponsors: Representative Quall.
Brief Summary of Bill |
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Hearing Date: 1/17/08
Staff: Jaclyn Ford (786-7339).
Background:
The orca (Orcinus orca)
The orca is the official marine mammal of the state of Washington [RCW 1.20.037].
The federal government listed a population of orcas, known as the Southern Residents, as
"endangered" under the Endangered Species Act in December 2005. These orcas spend each
summer and fall in Washington State's Puget Sound. The population is composed of three family
groups of whales that have been named J, K and L pods.
Some of the possible causes of the Southern Resident's decline are: reduced quantity and quality
of prey; persistent pollutants that cause immune or reproductive system dysfunction; oil spills;
and noise and disturbance from vessels. Federal rule implementation is estimated to occur by
late 2009.
In the summer of 2007, San Juan County passed a local ordinance to protect the endangered
Southern Resident orca whale population from boaters. The San Juan County ordinance is based
on the "Be Whale Wise" guidelines developed by the Whale Watch Operators Association
Northwest and the Whale Museum Sound Watch Boater Education Program. County marine
enforcement can issue citations for those boaters harassing the whales within San Juan County
waters.
Boating Safety Laws
Washington's boating safety laws are administered by the State Parks and Recreation
Commission (State Parks) [RCW 79A.60]. Every law enforcement officer in Washington and
its political subdivisions has the authority to enforce the boating laws, including county sheriffs,
officers of other local law enforcement entities, the State Patrol, state park rangers, and the
Washington Department of Fish and Wildlife (WDFW) [RCW 79A.60.100].
Natural Resource Infractions
A natural resource infraction is a monetary penalty of no more than five hundred dollars for each
offense, unless specifically authorized by statute [RCW 7.84.100]. Natural resource infractions
are non-criminal offenses contained in RCW Titles 76 (Forests and Forest Products), 77 (Fish
and Wildlife), 79 (Public Lands), 79a (Public Recreational Lands) and Chapter 43.30
(Department of Natural Resources).
Summary of Bill:
It is a natural resource infraction to knowingly approach or cause a vessel to approach a southern
orca whale within 300 feet. It is also a natural resource infraction to knowingly intercept, feed,
or fail to disengage the transmission of a vessel within 300 feet of a southern orca whale.
A person is exempt from these requirements if the safety of the vessel, crew, or passengers is in
jeopardy; because vessel design limitations; or weather conditions make complying infeasible.
Also exempt are commercial fisher people actively tending to their gear, officials on duty, and
people authorized by a state or federal agency.
The WDFW and the State Parks will disseminate information about the new regulations
regarding southern orca whales, current whale and wildlife viewing guidelines, and other
responsible wildlife viewing messages.
Washington law enforcement is encouraged to utilize all existing statutes and regulations,
including the boating safety laws, to protect southern orca whales from impacts of vessels.
Appropriation: None.
Fiscal Note: Requested 1/8/2008.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.