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09/12/2007: "Orca Ord Becomes Law In SJC"

(Council signs Orca Ordinance as Kari Koski of the Whale Museum Holds up an Orca Flag)

With only minor grammar and editing changes, the County Council passed an Orca Protection Ordinance on Tuesday to a round of applause from the sponsors and supporters of the ordinance. The ordinance was designed to provide police powers to both local and state law enforcement officers.

The ordinance sets out the conditions that can result in the issuing of a civil infraction citation, and includes a maximum penalty of $750.00 for each infraction. The ordinance is intended to be a stop-gap measure to allow inforceable protection of the Orca until state or federal Orca protection legislation is passed that will control the distance that boats may approach, or be near Killer Whales.

The action by the Council results from concerns that the County lacked the enforcement powers required to prevent boats from approaching to closely to, or “fail to yield to a killer whale;” which one would think would always be good advice in any case.

( Sgt. Russ Mullins of the DFW testifies to Council) What the ordinance does not do, is provide any funding for enforcement. The question of who will do the enforcement, and where the money will come from to pay the costs of equipment and manpower for enforcement, was extensively discussed and debated. Sgt. Russ Mullins of the DFW (Department of Fish and Wildlife) testified that DFW is active in San Juan County, and in 2006 his agency had 630 “contacts” in SJC waters, resulting in 72 violations and 5 prosecutions; but these numbers did not include Orca protection, but they did show a current DFW presence in SJC. .

The possibility of DFW taking the lead in enforcing the new county code was supported by a number of the speakers, and seemed to be of interest to some of the council members, but Sheriff Bill Cumming repeated his objections to it, based on both personal and department liability concerns. Prosecuting Attorney Randy Gaylord explained that the Ordinance allows DFW to refer instances of infraction to the County, which could then prosecute.

Councilman Kevin Ranker said it was important to have the Sheriff “on the water wherever possible”, and repeated that the cost to the County to have the Sheriff’s department out on the water to patrol the area for violators will cost $16,500.00 a month “during the season”; which he has labeled a “bargain”. There is no money in the current or projected budget that is earmarked for Orca protection.