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MRC: Support Limekiln zone and another Soundwatch boat

posted 03/27/01
Marine Resource Committee members tomorrow will ask county commissioners to immediately support continued emphasis of a voluntary one-half mile no-boat zone around Limekiln Point and funding for an additional Soundwatch boat. The MRC also is making other recommendations, including investigating creation of a marine protected area (MPA) around Limekiln, establishing a permit system for commercial whalewatch boats, and limiting the hours, behavior of and number of boats in an MPA.

The MRC is also supporting the Whale Watch Association Northwest's self-imposed whalewatching guidelines and Soundwatch, a program of The Whale Museum, educates boaters about safe distances and other practices around the whales.

Some residents hoped the MRC would endorse stricter controls on whalewatching before the summer season begins, while commercial operators fear the county is moving to quickly toward establishing regulations of their industry.

In response to a decline in resident killer whales and a petition requesting a "no chasing" law, commissioners last November directed the MRC to investigate possible management measures. The county hosted a whalewatch management forum earlier this month and an MRC subcommittee drafted findings and recommendations from the workshop. During a March 21 meeting, the full MRC discussed and approved the following non-prioritized findings and recommendations:

What’s the status quo?

• The southern resident killer whale population is declining.

• Guidelines for commercial tour boat operations exist and are being revised on a cooperative basis by the US/Canadian Whale Watch Association Northwest.

• The Soundwatch program exists and continues to maintain a presence in county waters and to some extent into Canadian waters.

• Canadian efforts through the Marine Mammal Monitoring Project (M3) are underway to augment public education and monitoring activity in Haro Strait and the southern Gulf Islands.

• Scientific research and funding efforts for continued and new research are ongoing.

• The MRC or one or more subgroup tracks research findings as they come to light and also keeps informed of research and resource management programs relevant to San Juan County.

• The county has established a cooperative working relationship with the Islands Trust and the non-governmental organizations regarding the creation of a transboundary network of marine management areas.

• The county’s funding capacity is limited. Marine Mammal Protection Act enforcement presence in this area may or may not be sustained or increased.

What will change if the status quo is maintained?

• The guidelines may become more effective in modifying behaviors of members of the NW operators’ association.

• The guidelines may be revised over time as new information arises that indicates further behavioral changes are appropriate.

• The combination of continued Soundwatch and Canadian M3 efforts can increase the level of awareness of the general public and the understanding of best practices by non-member and private vessel operators.

What won’t change?

• The numbers of boats on the water with the whales and the hours during the day the boats are present.

• The noise and emissions impacts associated with vessels, including but not limited to those vessels used in whale watching activities.

Findings:

• A range of factors is indicated in the evident decline in the local resident orca population. Some factors are probably unknown and some have not been quantified or corroborated. The identified factors include:
  1. Habitat conditions overall and marine habitat management practices throughout the transboundary area;
  2. Toxic materials entering the waters from industrial point sources;
  3. Vessel and other noise influences on behavior;
  4. Vessel and other noise influences on normal habitat functions for orca;
  5. Exhausts from two-stroke gasoline engines vs. four-stroke and resultant air quality impacts on marine mammals; and
  6. Whale watching practices on the water.

• A credible record of relevant research and reports exists regarding the above known or suspected contributing factors. There is also a credible record regarding the beneficial impacts of whalewatching and on the effectiveness of public outreach and education campaigns in general, including whale watch operator practices, on influencing the behaviors of people in the presence of marine mammals.

• A significant movement exists among commercial operators in the transboundary area to promote a self-regulated conservation management approach. Significant evidence exists that commercial operators here have been largely successful in leading by example in obtaining compliance with existing guidelines for operators within the NW area organization. There is also evidence that in local waters, the presence of the Soundwatch boat enhances the success of self-regulation by the operators as currently practiced.

• The commercial operators are not the only vessel operators that engage in whale watching activities. To date, non-member commercial and private operators have apparently been influenced on a limited basis by the example set by the association. These operators are less likely to be educated about responsible behaviors and why certain behaviors may be harmful.

• Northwest area operators within the association have expressed a commitment to revise the operators’ guidelines to incorporate new information on best practices. Even with improved guidelines, however, the impact overall remains at least potentially significant and adverse.

• The numbers of boats present and the hours per day that multiple boats are present for five months each year clearly have a potentially significant impact on habitat for the resident whales and warrants serious public attention. This is the case regardless of guidelines for operator practices and the efforts expended on educating the private vessel operators and the general public on responsible behaviors for human interactions with orca whales on the water.

• A dual approach – both regulatory and educational – appears to be warranted based on the precautionary principle. The regulatory aspect need not cause a reduction in revenue or income from commercial whale watch activities.

Recommendations:

• Enlist the help of the association and others to revise the operating guidelines.

• Commit to assist in a campaign to significantly expand public awareness and education in the transboundary area.

• Commit to assist efforts to monitor vessel operators and their compliance with accepted guidelines or regulations.

• Investigate the designation by San Juan County of a no-take/no-watch zone for orca whales.

• Investigate the designation of a no-take/no-watch/no-fish/no-kayak/no-anything marine protection area in the area around Limekiln where the current 1/2-mile zone exists.

• Investigate establishing a limited-entry permitting system.

• Pursue cooperative transboundary no-take/no watch zone designation and monitoring efforts.

• Investigate the legal issues associated with a county permit system as it may be applied to Canadian and U.S. operators in county waters, including behavioral controls, total numbers of vessels permitted, and hours of operation (for example, 9 a.m. to 6 p.m.) on the water.

• Identify what forms of enforcement can be reasonably anticipated for a permit and no-watch area system.

• Challenge the operators’ association to increase efforts toward public education about orcas and their habitat and the what and why of responsible whale watching behavior standards for humans.

Sharon Kivisto and Matt Pranger
can be reached:
phone: 360.378.3748      fax: 360.378.9748
by e-mail: news@sanjuanislander.com

by mail: San Juan Islander
PO Box 1118
Friday Harbor, WA 98250 USA

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