Boating Regulations To Protect Killer Whales Won't Go Into Effect This Year

Wednesday, January 13, 2010
SAN JUAN ISLAND, WASHINGTON - Proposed federal rules to protect endangered Puget Sound orca whales by restricting how close commercial and recreational boats can get to them will not go into effect this year as expected.

That's because the National Oceanic and Atmospheric Administration extended the public comment period from its original closing date in October to Jan. 15. The agency will need additional time after that to analyze the comments and continue with rule-making, said Lynne Barre, marine mammal specialist with NOAA Fisheries Service.

"There's just not sufficient time to put out a final rule," Barre said.

Regulators hope to have regulations in place before the 2011 summer boating season.

The proposed rules issued in July by NOAA's Fisheries Service have raised a host of concerns among commercial and sports fishermen, as well as whale-watching companies.

"I'm not sure what to make of all this," said Shannon Moore, a Bellingham resident and commercial fisherman. "I suspect that there were enough questions as to their biology and their science with regard to our local killer whales."

At issue is NOAA's plan to keep boats from disturbing the whales by restricting nearly all vessels from entering a "no-go zone" on the west side of San Juan Island, in a 6.2-square mile area stretching from Mitchell Bay down to Eagle Point. The zone would extend about a half-mile offshore and would be in place from May 1 to Sept. 30.

Fishermen have said it would restrict their access to waters, which they refer to as the salmon banks, during the commercial season.

The proposed rules also would prohibit most vessels - from whale-watching boats to pleasure crafts like kayaks and sailboats - from coming within 200 yards of the whales while they're in the inland waters of Washington state. Commercial fishing vessels are exempt from the 200-yard limit while setting or tending to their gear.

NOAA has said the rules will protect the whales, which depend on sophisticated sonar to navigate and find food. Studies have shown that orcas can be affected by underwater noise from boats and vessels that approach too close or block their paths, said NOAA, which also is concerned about boats running into whales.

Known as the Southern Resident killer whales, the large marine mammals were placed on the Endangered Species list in 2005.

NOAA Fisheries is addressing concerns that have been raised, including about the agency's economic analysis and the scientific basis for including kayaks in the regulations, according to Barre. She said that the agency will make available a number of peer-reviewed scientific journals on which the science was based to those who ask for it.

A representative for the regional whale-watching industry, which includes 32 companies in the U.S. and Canada, said the organization supports efforts to protect the whales but didn't support the proposed regulations.

"What everybody forgets is there are significant protections in place right now," said James Dale, executive director of Pacific Whale Watch Association, which is based in Friday Harbor.

Instead of the 200-yard limit, the association supports a 100-yard limit, he said. Instead of a "no-go zone," the organization is backing a "slow zone" of 7 knots for the area, year-round.

Those proposals, among others the association is making, would be stricter than what currently exists, he said.

Source: The News Tribune