Boaters Fined For Approaching Southern Resident Killer Whales: NOAA

SEATTLE — NOAA Fisheries is sharing the stories of two boaters who were recently fined for sailing too close to endangered Southern Resident killer whales, in the hopes that others might avoid making the same mistake.

In the first incident on Sept. 30, 2021, Monika Wieland Shields, director of the Orca Behavior Institute, reported a yacht approaching within 100 yards of the J Pod off the western side of the San Juan Islands. Officers traced the vessel to a local yacht charter company, and determined that it had been rented to Brendan Loesback of Entiat, Washington. Loesback told investigators he had not been aware of the distance regulations, and agreed to pay a $300 fine for breaking them.

“There are respectful ways to view whales from a vessel, but when there's an intentional and egregious violation, it's very important to report it,” Shields said . “It was difficult to watch, but I'm grateful enforcement was able to follow up to make sure that such disregard for the whales has consequences.”

In the second incident on Oct. 5, 2021, kayakers spotted a recreational boat within 200 yards of a whale. The driver of that boat, Christopher Brawn of Roslyn, Washington also told officers he was unaware of the distance regulations, but tried to argue that his vehicle had been inactive when they were within range of the killer whales. However, photo evidence showed the boat creating a wake as it moved forwards towards the whales. Brawn was penalized $3,000 but was offered a settlement for admitting liability, and ended up paying $2,700. His fine was larger than the first because his vessel approached the whales more closely and followed them over a longer period.

NOAA Fisheries says both incidents are a reminder to keep clear of the Southern Resident killer whales at all times. State regulations require boaters to stay 300 yards to the sides of the endangered killer whales and 400 yards in front or behind them. Vessels also have to cut their speed to seven knots within a half mile of the Southern Residents.

The regulations apply to vessels of all sizes, from kayaks to state ferries.

Both recent violations were caught thanks to concerned citizens who saw something wrong and reported it through BeWhaleWise.Org, and NOAA Fisheries is encouraging anyone else who sees boaters endangering the orcas to report it immediately.

“People can help us by spotting suspected violations and providing as much information as they can as soon as possible,” said Greg Busch, Assistant Director of the West Coast Division of NOAA’s Office of Law Enforcement. “It is important for boaters to know the rules before they get on the water. The more people who know the rules and help identify violations, the better protected the whales will be.”