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New Washington law to protect southern resident orca whales to take effect

By JAMES MATSON, Skagit Valley Herald, Mount Vernon
Published: January 1, 2025, 9:51am

A new state law that takes effect Wednesday requires motorized and nonmotorized vessels to stay 1,000 yards away from southern resident orca whales.

The law is an effort to reduce noise that can interfere with the orcas’ echolocation and to allow the orcas space to forage without human interference.

The southern resident orcas are endangered.

According to the state Department of Fish and Wildlife, the state law also requires vessel operators to attempt to navigate out of the path and away from southern resident killer whales within 1,000 yards of their vessel while adhering to a seven-knot speed limit, and if a southern resident approaches to within 400 yards to disengage the transmission, luff sails and stop paddling if it is safe to do so and wait for the animal to move away.

The law does not apply to Bigg’s orca whales.

On Nov. 27, the nonprofit Orca Network sent out a news release regarding the rule changes.

“If you encounter orcas while on the water and you aren’t familiar with the differences between Residents and Bigg’s, it is best to assume they are residents. Avoid the area if you can, or maintain 1,000 yards of distance,” Orca Network Program Manager Stephanie Raymond said.

“Trained naturalists on board those boats know how to tell Resident and Bigg’s orcas apart, and captains of licensed whale watching boats are also required to demonstrate that they can tell the difference.”

According to the National Oceanic and Atmospheric Administration’s 2024 article titled “New Research Reveals Full Diversity of Killer Whales as Two Species Come into View on Pacific Coast,” southern resident orcas and Bigg’s orcas are very different.

Resident orcas “maintain tight-knit family pods and prey on salmon and other marine fish,” while Bigg’s orcas, “roam in smaller groups, preying on other marine mammals such as seals and whales.”

Blue Kingdom, an Anacortes whale and wildlife watching company, hires naturalists and studies the patterns of orcas on its trips.

The company is owned by Tyler and Faith McKeen.

“It’s going to affect recreational boaters more than businesses,” Tyler McKeen said of the new state law. “We’ve been following the 1,000-yard rule for a while.”

Tyler McKeen said southern residents spend most of their time at the west end of the Strait of Juan De Fuca, and only visit nearby waters a few times a year.

How to tell the difference?

“It’s difficult to tell to the untrained eye. It’s best to keep your distance,” Tyler McKeen said, stating that it’s best for recreational boaters to treat all orcas as southern residents.

Anyone who sees an orca whale, from shore or from a boat, is encouraged to send a report to Orca Network via sightings@orcanetwork.org or at orcanetwork.org/report-sightings.

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