Difference between revisions of "Orca-boat rules"

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(Washington State law)
(Washington State law)
Line 12: Line 12:
 
  to read as follows:  
 
  to read as follows:  
 
  (1) Except as provided in subsection (2) of this section, it is  
 
  (1) Except as provided in subsection (2) of this section, it is  
  16 unlawful to:  
+
  unlawful to:  
  17 (a) Approach, by any means, within three hundred feet of a southern  
+
  (a) Approach, by any means, within three hundred feet of a southern  
  18 resident orca whale (Orcinus orca);  
+
  resident orca whale (Orcinus orca);  
  19 (b) Cause a vessel or other object to approach within three hundred  
+
  (b) Cause a vessel or other object to approach within three hundred  
  20 feet of a southern resident orca whale;  
+
  feet of a southern resident orca whale;  
  21 (c) Intercept a southern resident orca whale.  A person intercepts  
+
  (c) Intercept a southern resident orca whale.  A person intercepts  
  22 a southern resident orca whale when that person places a vessel or  
+
  a southern resident orca whale when that person places a vessel or  
  23 allows a vessel to remain in the path of a whale and the whale  
+
  allows a vessel to remain in the path of a whale and the whale  
  24 approaches within three hundred feet of that vessel;  
+
  approaches within three hundred feet of that vessel;  
  25 (d) Fail to disengage the transmission of a vessel that is within  
+
  (d) Fail to disengage the transmission of a vessel that is within  
  26 three hundred feet of a southern resident orca whale, for which the  
+
  three hundred feet of a southern resident orca whale, for which the  
  27 vessel operator is strictly liable; or  
+
  vessel operator is strictly liable; or  
  28 (e) Feed a southern resident orca whale, for which any person  
+
  (e) Feed a southern resident orca whale, for which any person  
  29 feeding a southern resident orca whale is strictly liable.  
+
  feeding a southern resident orca whale is strictly liable.  
  30 (2) A person is exempt from subsection (1) of this section where:  
+
  (2) A person is exempt from subsection (1) of this section where:  
  31 (a) A reasonably prudent person in that person's position would  
+
  (a) A reasonably prudent person in that person's position would  
  32 determine that compliance with the requirements of subsection (1) of  
+
  determine that compliance with the requirements of subsection (1) of  
  33 this section will threaten the safety of the vessel, the vessel's crew  
+
  this section will threaten the safety of the vessel, the vessel's crew  
  34 or passengers, or is not feasible due to vessel design limitations, or  
+
  or passengers, or is not feasible due to vessel design limitations, or  
  35 because the vessel is restricted in its ability to maneuver due to  
+
  because the vessel is restricted in its ability to maneuver due to  
  36 wind, current, tide, or weather;  
+
  wind, current, tide, or weather;  
 
+
  (b) That person is lawfully participating in a commercial fishery  
  1 (b) That person is lawfully participating in a commercial fishery  
+
  and is engaged in actively setting, retrieving, or closely tending  
  2 and is engaged in actively setting, retrieving, or closely tending  
+
  commercial fishing gear;  
  3 commercial fishing gear;  
+
  (c) That person is acting in the course of official duty for a  
  4 (c) That person is acting in the course of official duty for a  
+
  state, federal, tribal, or local government agency; or  
  5 state, federal, tribal, or local government agency; or  
+
  (d) That person is acting pursuant to and consistent with  
  6 (d) That person is acting pursuant to and consistent with  
+
  authorization from a state or federal government agency.  
  7 authorization from a state or federal government agency.  
+
  (3) Nothing in this section is intended to conflict with existing  
  8 (3) Nothing in this section is intended to conflict with existing  
+
  rules regarding safe operation of a vessel or vessel navigation rules.  
  9 rules regarding safe operation of a vessel or vessel navigation rules.  
+
  (4) For the purpose of this section, "vessel" includes aircraft,  
  10 (4) For the purpose of this section, "vessel" includes aircraft,  
+
  canoes, fishing vessels, kayaks, personal watercraft, rafts,  
  11 canoes, fishing vessels, kayaks, personal watercraft, rafts,  
+
  recreational vessels, tour boats, whale watching boats, vessels engaged  
  12 recreational vessels, tour boats, whale watching boats, vessels engaged  
+
  in whale watching activities, or other small craft including power  
  13 in whale watching activities, or other small craft including power  
+
  boats and sail boats.  
  14 boats and sail boats.  
+
  (5) A violation of this section is a natural resource infraction  
  15 (5) A violation of this section is a natural resource infraction  
+
  punishable under chapter 7.84 RCW.
  16 punishable under chapter 7.84 RCW.
+
  
 
The summary of Washington House Bill 2514 passed during the 2007-2008 Legislature states “It is a natural resource infraction to approach or cause a vessel to approach within 300 feet of a southern Orca whale.”  
 
The summary of Washington House Bill 2514 passed during the 2007-2008 Legislature states “It is a natural resource infraction to approach or cause a vessel to approach within 300 feet of a southern Orca whale.”  

Revision as of 01:57, 25 August 2009

A place to centralize and archive rules regarding the interaction of boats and southern resident killer whales.

2009 proposed rule

Penalties:

Washington State law

PDF of law Signed by Governor on April 1, 2008. Effective June 11, 2008.

NEW SECTION.  Sec. 2.  A new section is added to chapter 77.15 RCW 
to read as follows: 
(1) Except as provided in subsection (2) of this section, it is 
unlawful to: 
(a) Approach, by any means, within three hundred feet of a southern 
resident orca whale (Orcinus orca); 
(b) Cause a vessel or other object to approach within three hundred 
feet of a southern resident orca whale; 
(c) Intercept a southern resident orca whale.  A person intercepts 
a southern resident orca whale when that person places a vessel or 
allows a vessel to remain in the path of a whale and the whale 
approaches within three hundred feet of that vessel; 
(d) Fail to disengage the transmission of a vessel that is within 
three hundred feet of a southern resident orca whale, for which the 
vessel operator is strictly liable; or 
(e) Feed a southern resident orca whale, for which any person 
feeding a southern resident orca whale is strictly liable. 
(2) A person is exempt from subsection (1) of this section where: 
(a) A reasonably prudent person in that person's position would 
determine that compliance with the requirements of subsection (1) of 
this section will threaten the safety of the vessel, the vessel's crew 
or passengers, or is not feasible due to vessel design limitations, or 
because the vessel is restricted in its ability to maneuver due to 
wind, current, tide, or weather; 
(b) That person is lawfully participating in a commercial fishery 
and is engaged in actively setting, retrieving, or closely tending 
commercial fishing gear; 
(c) That person is acting in the course of official duty for a 
state, federal, tribal, or local government agency; or 
(d) That person is acting pursuant to and consistent with 
authorization from a state or federal government agency. 
(3) Nothing in this section is intended to conflict with existing 
rules regarding safe operation of a vessel or vessel navigation rules. 
(4) For the purpose of this section, "vessel" includes aircraft, 
canoes, fishing vessels, kayaks, personal watercraft, rafts, 
recreational vessels, tour boats, whale watching boats, vessels engaged 
in whale watching activities, or other small craft including power 
boats and sail boats. 
(5) A violation of this section is a natural resource infraction 
punishable under chapter 7.84 RCW.

The summary of Washington House Bill 2514 passed during the 2007-2008 Legislature states “It is a natural resource infraction to approach or cause a vessel to approach within 300 feet of a southern Orca whale.”

Penalties: A violation is a natural resource infraction punishable under chapter 7.84 RCW

Case history:

County ordinance

Penalties:

Be Whalewise Guidelines

Penalties: Consultation with Soundwatch or Straitwatch; annual report card for commercial operators?

Endangered Species Act

Marine Mammal Protection Act