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07/29/2009: "A No-Go-Zone Proposed For West Side Of San Juan Island"

NOAA Fisheries Service has opened a public comment period on proposed regulations to protect killer whales from the effects of various vessel activities.

The west side of San Juan Island has been proposed to have a one-half mile seaward buffer against the effects of vessel on the orca (map left). From May 1 through the end of September, only exempt vessels would be allowed.

The no-go zone is proposed to have “limited exceptions for land owners accessing private property adjacent to it.” So, it looks like no more fishing (treaty Indian and commercial fishing boats are, however, exempt). This would seem to also ban public access to the water from the County Park, and from areas such as community beach access points in private subdivisions.

Current guidelines recommend vessels stay 100 yards from the orca. The proposed rule doubles the distance, and is a regulation. The new regulations prohibits “intercepting the path of the whales" outside of the no-go zone shown on the map.

For Mark Anderson (founder of Orca Relief Citizens' Alliance and co-founder of the Whale Museum ), said "While we appreciate that this is a serious improvement on the earlier rules, those were designed for gray whales. We are concerned that this modification will not reduce the local orca population mortality rate."

Finally, Anderson added: ”According to the Endangered Species Act, it is simply illegal to pursue these whales. Since all pursuit is illegal, arguing about how closely to pursue them seems to be splitting mutually illegal hairs."

There would be some exemptions to the rules, including actively fishing commercially; treaty Indian fishing vessels; cargo vessels in established shipping lanes, and -of course- government and research vessels. Research vessels? Japan has been using "research" vessels to hunt and kill whales; all depends on how "research" is defined; if it works for Japan, perhaps it could work here too? Like all proposals, this one raises a number of questions.

As proposed, it would seem to ban all non-motorized boats; even self-propelled and sailing boats.

In November of 2005 the Southern Resident killer whales were added to the Endangered Species (ESA) list by NOAA Fisheries Service. At that time -and for a long time before- there have been concerns about the effects of vessels were one of a number of factors in the population’s decline. (Related Story)

In addition to the proposed half-mile-wide no-go zone. the proposed rules would prohibit vessels from approaching any killer whale closer than 200 yards, and forbid vessels from intercepting or parking in the path of a whale.

A public hearing will be held Oct. 5, 2009, 7-9 p.m. in the Grange Hall, Friday Harbor, Wash. A NOAA list of relevant links can be accessed by Clicking Here.

E-mail comments to NOAA at: orca.plan@noaa.gov

• Federal e-rulemaking portal: http://www.regulations.gov

• Mail: Assistant Regional Administrator, Protected Resources Division, Northwest Regional Office, National Marine Fisheries Service, 7600 Sand Point Way NE, Seattle, WA 98115.

The comment closing date is Oct. 27, 2009, at 5 p.m. Pacific time.