New law requires boaters to stay 1,000 yards away from Southern Resident orcas

BAINBRIDGE ISLAND, Wash. (KOMO) — One of the joys of living in the Puget Sound region is seeing all the wildlife, including killer whales.

“I mean, whales are one of the great features of boating around here,” Tim Hicks told KOMO News.

“Being close to a whale is a life-changing experience. It never gets old,” John Gardiner told KOMO News.

Boating his entire life, Gardiner said he has seen southern resident whales, transient Biggs, grays and Humpbacks.

“Every single time it is a magical experience. The first thing we do is we're always trying to keep an eye out to look for any in advance, but obviously they're underwater, so they may come up and surprise you. If they happen to come up close, we'll usually cut our engines, drift, we'll turn the sonar off as well to make as little noise as we can, and give them as much space as possible,” Gardiner explained.

But there is a new law that all saltwater boaters in Washington must follow to protect the endangered Southern Resident killer whale population.

Starting Jan. 1, boaters in Washington waters must stay 1,000 yards away from SRKW at all times, which is approximately a half-nautical mile. There are currently just over 70 Southern Resident orcas, consisting of three pods: J, K, and L.

“I think it's too far. At 1,000 yards, you will not even be able to see the whales and you're too close,” Paul Bennett told KOMO.

“So it’s not about having the perfect measurement here it’s about changing the mindset to give these whales as much space as possible,” Julie Watson, the state's leader for its Killer Whale Policy told KOMO.

She said this new law creates a uniform policy for everyone on the water, commercial, recreational and even kayakers and paddleboarders.

During its census in July 2024, the Center for Whale Research counted just 73 Southern Resident orcas, which is down from 75 orcas in its 2023 census.

The waters that make up Puget Sound are very busy with cruise and cargo ships, along with plenty of recreational boaters all posing a significant threat to the endangered population.

“You know, you're going to do your best to try to look to see if you can see any of the breaches ahead of time, any of the spray coming off of them to try to keep your distance, but they can come up for sure,” Gardiner said.

ALSO SEE | J pod orca who pushed dead calf for 1,000 miles gives birth to new baby

“I'm told are very much affected by noise. And so keeping a long way away from them makes sense to me,” Hicks said.

These whales rely on echolocation to hunt and communicate with one another, and the sounds that vessels make can interfere with echolocation. The new rules, which were passed by the Washington State Legislature in 2023, are intended to reduce boat noise to allow the orcas to forage and rest with minimal disturbance.

“Vessel noise is one of the three key threats to the Southern Residents, along with toxic contamination, and a lack of prey,” Watson said.

Watson said the new 1,000-yard buffer is a major step in reducing the impacts of vessel disturbance on SRKW behavior.

“Whales really struggle to find catch and eat their favorite food chinook salmon when boats are nearby,” Watson explained.

However, this new law does not only pertain to vessels with a motor. It also applies to anyone on a personal watercraft without a motor, like paddleboards and kayaks.

According to the new law, all watercraft operators must:

• Stay 1,000 yards away from SRKW in all directions
• If SRKW approach within 400 yards of the vessel, disengage the transmission, luff sails, or stop paddling (if it is safe to do so) until the animal moves away

So, what do you do if you find yourself closer than 1,000 yards to a SRKW?

Any operator who is closer than 1,000 yards, but not within 400 yards, should attempt to navigate out of the path and away from a Southern Resident orca at a speed of 7 knots or less.

WDFW enforcement officers regularly patrol Puget Sound, and sometimes specifically head out when Southern Resident orcas are spotted. WDFW Enforcement Capt. Alan Myers said officers will be primarily focused on educating people about the new regulations during the 2025 boating season.

“We will issue citations, when necessary, especially for egregious violations or repeat offenders, but our officers will largely be focused on making sure people understand the new laws and are trying to do the right thing by giving these whales the space they need,” Meyers explained.

In addition to the Southern Residents, Washington is also home to Bigg’s, or transient killer whales, which are subject to a 200-yard buffer under federal law. Southern Resident orcas feed almost exclusively on salmon, while transient killer whales primarily prey on marine mammals like seals and sea lions.

“There are some physical differences between SRKW and transient killer whales,” Watson said. “However, seeing these differences from outside 1,000 yards may be difficult, so we’re encouraging boaters to treat all unidentified killer whales as though they’re SRKW and opt to stay 1,000 yards away.”