Research and Monitoring: Conduct research to facilitate and enhance
conservation efforts. Continue the annual census to monitor trends in the
population, identify individual animals, and track demographic parameters.
WHEREAS, vessel traffic in the proximity of killer whales is presently subject to
cooperative guidelines called "Be Whale Wise," which guidelines are designed to allow people
to enjoy and view the killer whale yet reduce the risk of disturbing the killer whale;
WHEREAS, the "Be Whale Wise" guidelines are endorsed by numerous organizations,
including the National Oceanic and Atmospheric Administration, the United States Coast Guard,
Washington Department of Fish and Wildlife, San Juan County, San Juan County Marine
Resources Committee, Fisheries and Oceans Canada, BC Parks, the Whale Watch Operators
Association Northwest, the Georgia Straits Alliance, the Whale Museum, the Seattle Aquarium,
Soundwatch, and Straitwatch.
WHEREAS, federal law prohibits persons from "taking" or “harassing” marine mammals
and state law makes it unlawful when a person "maliciously harasses" endangered wildlife;
WHEREAS, the federal standard of "harass" and the state standard of "maliciously
harasses" present difficulties for state and federal enforcement when vessels move in close
proximity to the southern resident killer whales;
WHEREAS, notwithstanding the adoption and promotion of the "Be Whale Wise
Guidelines," members of Soundwatch and others have seen citizens carelessly and
inappropriately operate vessels in close proximity to the southern resident killer whale;
WHEREAS, more clear, understandable and enforceable standards are desired to regulate
vessel operation in proximity to the southern resident killer whale;
WHEREAS, San Juan County has been informed that the National Marine Fisheries
Service has issued an Advance Notice of Proposed Rulemaking regarding possible conservation
measures to protect whales from the effects of vessel traffic (See Federal Register, Vol. 72, No.
55 at 13464, March 22, 2007) and it is likely to take some time to complete the rulemaking
process;
WHEREAS, San Juan County has been informed that the Washington State Fish and
Wildlife Commission intends to propose or adopt regulations regarding the operation of vessels
in proximity of vessels near killer whales;
WHEREAS, the San Juan County Council desires to make portions of the "Be Whale
Wise Guidelines" as a regulation for which there is a penalty for the violation thereof until such
time as the National Marine Fisheries Service or the State of Washington or the Washington
State Fish and Wildlife Commission adopt regulations;
WHEREAS, after due notice, the San Juan County Council held a public hearing on this
ordinance on September 11, 2007, and considered public testimony, written statements and
reports of the public and the officials from the following government agencies:
- National Marine Fisheries Service;
- National Oceanic and Atmospheric Administration
- United States Coast Guard;
- Washington State Department of Fish and Wildlife;
- San Juan County Marine Resources Committee
- San Juan County Sheriff; and
- San Juan County Prosecuting Attorney.
NOW, THEREFORE, THE SAN JUAN COUNTY COUNCIL HEREBY ORDAINS AS
FOLLOWS:
Section 1. Legislative Intent.
A. The public health, safety and welfare are substantially benefited by the protection and
conservation of the southern resident killer whale.
B. This ordinance is adopted pursuant to the police power authority granted to San Juan
County in Article XI, Section 11, of the Washington Constitution, and the authority granted to
states to adopt more restrictive provisions with respect to the taking of endangered species
pursuant to 16 USCA 1535(f) (the Endangered Species Act).
C. This ordinance is intended to be local and apply only to the operation of vessels in San
Juan County during the time that the southern resident killer whale is present in the marine
waters of San Juan County.
D. This ordinance shall not be enforced if the State of Washington or any department
thereof, or the United States or any department thereof, establishes laws or regulations regarding
the operation of vessels in proximity to the southern resident killer whale;
E. Because the southern resident killer whale may surface in unpredictable locations, all
vessel operators must maintain a vigilant lookout for killer whales and to keep their distance
away from visible whales. Moreover, because whales may surface closer to a vessel than the
specified distance, it is not appropriate to make the violation of a distance requirement between a
vessel and a killer whale in subsections 3(A)(1), (2), and (3) a strict liability or status offense and
instead only make unlawful the knowing violations.
F. Subsections 3(A)(5), (6), and (7) are appropriate as strict liability offenses.
Section 2. General Guidance and Objectives, and Definitions.
A. General Guidance and Objectives. The master and operator of every vessel in San Juan
County has a duty to maintain a lookout for southern resident killer whales while operating in the
marine waters of San Juan County and to determine the direction of travel of the whales and to
safely operate the vessel to avoid violating this ordinance. Vessel operators should move out of
the way of approaching whales to maintain an open way in front of and behind the killer whale
and 100 yards to each side of the killer whale. The fundamental concept of these rules is that
vessels should not approach within 100 yards of the killer whale and maintain an open way with
a minimum of 100 yards on each side of the pod of whales. When the killer whales are close to
shore, the master of the vessel should keep the vessel on the seaward side of the whales. All
masters of vessels must reduce speed in proximity to whales to avoid interfering with other
nearby vessels and to protect whales from unnecessary noise and interference.
B. Definitions.
"Vessel" means every description of water craft, including nondisplacement craft and
seaplanes, used or capable of being used as a means of transportation on water;
"Public vessel" means a vessel that is (a) owned or demise chartered, and operated by the
United States Government, the Government of the State of Washington or any department
thereof, San Juan County or any elected official or department thereof, or a government of a
foreign country; and (b) is not engaged in commercial service.
Section 3.
Unlawful activity in proximity to the southern resident killer whale.
A. Except as provided in Section 3(B) of this ordinance, it is unlawful for any person subject
to the jurisdiction of the State of Washington to commit, attempt to commit or cause to be
committed the following acts within the marine waters of San Juan County with respect to the
southern resident killer whale (Orcinus orcas):
-
Knowingly approach, by any means, within 100 yards in any direction of any
killer whale; or
- Knowingly allow a vessel or other object to remain in the apparent path of an
oncoming killer whale thereby resulting in a killer whale surfacing within 100 yards in any
direction of the vessel or object; or
-
Knowingly place a vessel or other object within 100 yards in any direction of the
killer whale; or
-
Fail to yield to a killer whale; or
-
Fail to disengage the transmission of a vessel that is within 100 yards in any
direction of any killer whale; or
-
Operate a vessel in excess of a slow, safe speed when such vessel is within 400
yards of any killer whale. “Safe speed” has the same meaning as the term is defined in 33 USC
2006 and the international regulations for preventing collisions at sea 1972, See 33 USC Section
1602.
-
Feed a killer whale.
B. The following exceptions apply to the conduct described in Section 3(A) of this
ordinance, but any person who claims the applicability of an exception has the burden of proving
the exception applies:
-
The vessel is required to use the Vessel Traffic Services (VTS) in the waters of or
adjacent to San Juan County; or
- The person is operating a vessel pursuant to and in a manner consistent with a
permit issued by the National Marine Fisheries Service, or similar authorization; or
-
The master or operator reasonably determines that compliance with the distance
requirement of this ordinance will threaten the safety of the vessel, the vessel’s crew or
passengers, or is not feasible due to vessel design limitations, or because the vessel is restricted
in its ability to maneuver due to wind, current, tide, or weather.
-
The person operating the vessel is lawfully engaged in actively setting, retrieving
or closely tending commercial fishing gear. For purposes of this subsection, “commercial
fishing” means taking or harvesting fish or fishery resources to sell, barter or trade.
"Commercial fishing" does not include commercial sport fishing boats used for charter
operations or sport fishing; or
-
The person was operating a public vessel in the course of official duty for local,
state, or the federal government; or
-
The person was operating a vessel in a manner consistent with a treaty with
Native Americans or foreign nations.
Section 4. Presumption.
In any infraction involving a violation of this ordinance in the presence of a law enforcement
officer in a marked vessel, proof that the particular vessel described in the notice of infraction
was in violation of Section 3, together with proof that the person named in the notice of
infraction was at the time of the violation the registered owner of the vessel, constitutes in
evidence a prima facie presumption that the registered owner of the vehicle was the person in
control of the vehicle at the point where and for the time during which, the violation occurred.
This presumption may be overcome only if the registered owner states under oath, in a written
statement or testimony to the court that the vessel was, at the time, stolen, or in the care, custody,
or control of some person other than the registered owner.
Section 5. Penalty.
A violation of Section 3(A) of this ordinance is a civil infraction enforceable as provided in
Chapter 7.80 RCW. The maximum penalty is seven hundred fifty dollars ($750.00).
Section 6. Codification.
Section 1 though 5 of this ordinance shall be codified in Chapter 10.28 until such time as the
ordinance expires by its terms.
Section 7. Expiration.
This ordinance shall expire when either the National Marine Fisheries Service or the Washington
State Department of Fish and Wildlife establishes laws or regulations regarding the operation of
vessels in proximity to the southern resident killer whale.
Section 8. Invalidity.
In the event any part of this ordinance is declared invalid, the remaining portions shall be
unaffected.
Section 9. Wide notice of adoption.
As provided in the County Charter, notice of adoption of this ordinance shall occur promptly. In
addition, these regulations, the "Be Whale Wise" guidelines, and other responsible wildlife
viewing messages should be widely disseminated to private boaters and the general public
through the distribution or posting of brochures, billboards, advertisements, and other
information sources in coastal communities, marinas, and fishing and boating literature, at
boating shows, boat dealers, and bareboat charters, during boating safety training courses, and in
conjunction with vessel registration or licensing.
County enacts killer whale protection ordinance
posted 09/12/2007
COUNTY NEWS RELEASE: San Juan County Council enacted a landmark ordinance Tuesday, Sept. 11, 2007 designed to prevent boaters from harassing the endangered southern resident killer whales that frequent its waters. The ordinance makes it unlawful to feed killer whales or "knowingly" approach within 100 yards of a killer whale within San Juan County.
Recent declines in the whale population in the area have been blamed on declining salmon runs and pollution, as well as stress from noise and close contacts with boaters. The whales have been classified as “endangered” under the Federal Endangered Species Act, but rules for protecting the whales are not expected to emerge from National Marine Fisheries Service for at least another year.
"This is an interim measure," Council Member Howie Rosenfeld said, "it won’t be necessary after the federal regulations are completed."
"These animals need protection now," said Council Member Kevin Ranker, who – along with Rosenfeld – has pushed hard for the ordinance. "We need to look out for them so these magnificent animals will be with us in the future."
During a public hearing prior to the Council’s vote, several speakers expressed concern that, because the whales are fast-moving and unpredictable, many boaters could find themselves accidentally in violation of the law.
Council Members emphasized that enforcement officers will need to exercise discretion, but Councilman Rosenfeld added, "Enforcement people will be there to protect the whales from flagrant violators and we haven’t had a tool to do that."
During the summer and fall months, three pods of killer whales are commonly found in the waters of San Juan County and whale watching has become a $10 million industry. But most of the complaints about interference with the whales concern small pleasure craft rather than commercial operators. Bill Wright, representing the Northwest Whale Watch Association, enthusiastically endorsed the ordinance and noted that much of its substance was patterned after his association’s voluntary "Be Whale Wise" code of conduct.
The environmental group, Friends of the San Juans, has also championed this ordinance. "[The whales] are being stressed by a shortage of food and a toxic environment," said Amy Trainer, the group’s attorney, "hopefully this ordinance will make their lives a little bit better."
San Juan County Sheriff Bill Cumming supported the ordinance but also expressed concern about having enough resources to adequately enforce it. Council Member Ranker suggested that the Council consider an additional $16,500 monthly appropriation for the ordinance’s enforcement during the summer tourist season.
Earlier, in testimony at the hearing, Sgt. Russ Mullins of the Washington Fish and Wildlife told Council Members that his office was prepared to cooperate with the Sheriff to use the ordinance to protect the whales. "It’s why we go to work in the morning," he said.
The Council signed the ordinance immediately so that it will be in effect prior to the popular Roche Harbor Salmon Derby, which begins September 27th and often brings large numbers of fishing boats and the orca whales into conflict.
Council Members Alan Lichter, Gene Knapp, Kevin Ranker and Howie Rosenfeld voted in favor of the ordinance. Members Bob Myhr and Rich Peterson were traveling and not able to attend the meeting.
The ordinance as adopted is posted on the county's WEB SITE
$750 penalty for harrassing whales proposed
posted 06/05/2007
Feeding a killer whale or blocking its path would cost you a $750 fine under an ordinance presented to the San Juan County Council by Prosecutor Randy Gaylord yesterday, June 5, 2007. The legislation is based on the "Be Whale Wise" voluntary guidelines that boaters have been encouraged to abide by for several years by researchers and others concerned about the effects vessel traffic is having on orcas.
Under the legislation the following activities in proximity to the southern resident killer whale,
except as provided in Section 3(B) of this ordinance, it is unlawful for any person subject
to the jurisdiction of the United States to
- Knowingly approach, by any means, within 100 yards of any killer whale; or
- Knowingly allow a vessel or other object to be in the apparent path of an oncoming
killer whale thereby resulting in a killer whale surfacing within 100 yards of the vessel or object;
- Knowingly place a vessel or other object within the area encompassing 100 yards on
either side of the killer whale and extending 400 yards ahead of the apparent path of the killer
whale;
- Knowingly place a vessel or other object in the area encompassing 100 yards on either
side of the killer whale and extending 400 yards behind the killer whale;
- Fail to yield to a killer whale;
- Fail to disengage the transmission of a vessel that is within 100 yards of any killer
whale; or
- Operate a vessel in excess of a slow, safe speed when such vessel is within 400 yards
of any killer whale. “Safe speed” has the same meaning as the term is defined in 33 USC 2006
and the international regulations for preventing collisions at sea 1972, See 33 USC Section 1602.
- Feed a killer whale.
Asked by the council who will enforce this, Gaylord said there is some question about whether Fish and Wildlife officers can enforce a local ordinance. Amy Trainer of the Friends of the San Juans said federal and state officials can be commissioned to enforce county laws.
Gaylord will meet with the council on Monday June 11 to present a report on the risks to the county if they go ahead with the ordinance. A public hearing will be scheduled before the ordinance is adopted. The entire text of the draft ordinance presented at the council meeting is available below.
DRAFT PROSECUTING ATTORNEY DRAFT 6/5/2007
ORDINANCE NO. __ - 2007
AN ORDINANCE REGULATING THE OPERATION OF VESSELS IN PROXIMITY
TO THE SOUTHERN RESIDENT KILLER WHALE, AN ENDGANGERED SPECIES,
AND ESTABLISHING PENALTIES FOR THE VIOLATION THEREOF
BACKGROUND
WHEREAS, San Juan County is an archipelago that includes surrounding marine waters.
The territory of San Juan County is described in RCW 36.04.280 as follows:
Commencing in the Gulf of Georgia at the place where the boundary line between
the United States and the British possessions deflects from the forty-ninth parallel
of north latitude; thence following the boundary line through the Strait of Georgia
and Haro Strait to the middle of the Strait de Fuca; thence easterly through the
Fuca Straits along the center of the main channel between Blunt’s Island and San
Juan and Lopez Islands to a point easterly of the western entrance of Deception
Pass, until opposite the middle of the entrance to the Rosario Straits; thence
northerly through the middle of the Rosario Straits and through the Gulf of
Georgia to the place of beginning.
WHEREAS, the southern resident killer whale (Orcinus orca) is a wild marine mammal
that commonly plies and feeds in the marine waters of the county in Haro Strait and the Strait of
Juan de Fuca, south and west of San Juan Island, in Canada and elsewhere;
WHEREAS, on November 18, 2005, the southern resident killer whale population was
listed as “endangered” under the Endangered Species Act, 16 USCA §§ 1531 – 1543, by the
National Marine Fisheries Service;
WHEREAS, the killer whale has been designated as an “endangered species” by the
Washington State Fish and Wildlife Commission;
WHEREAS, it is beneficial to San Juan County residents, Native American tribes, and
the people of the State of Washington and visitors to protect and preserve the southern resident
killer whale;
WHEREAS, much of the local economy is dependent on the protection and preservation
of the County’s natural marine environment and the wildlife in the County;
WHEREAS, the San Juan County Council acknowledges the tremendous economic
benefit that the presence of killer whales in San Juan County marine waters brings to the County
through steady tourism, scientific research opportunities, and enhanced living opportunities;
WHEREAS, on November 29, 2006, the National Marine Fisheries Service released a
“Proposed Recovery Plan for southern resident Killer Whales” which plan lays out an adaptive
management approach and a conservation strategy. The conservation measures in the plan
include:
• Prey Availability: Support salmon restoration efforts in the region including
habitat, harvest and hatchery management considerations and continued use of
existing NMFS authorities under the ESA and Magnuson-Stevens Fishery
Conservation and Management Act to ensure an adequate prey base.
• Pollution/Contamination: Clean up existing contaminated sites, minimize
continuing inputs of contaminants harmful to killer whales, and monitor emerging
contaminants.
• Vessel Effects: Continue with evaluation and improvement of guidelines for
vessel activity near southern resident killer whales and evaluate the need for
regulations or protected areas.
• Oil Spills: Prevent oil spills and improve response preparation to minimize effects
on southern residents and their habitat in the event of a spill.
• Acoustic Effects: Continue agency coordination and use of existing MMPA
mechanisms to minimize potential impacts from anthropogenic sound.
• Education and Outreach: Enhance public awareness, educate the public on
actions they can participate in to conserve killer whales and improve reporting of
southern resident killer whale sightings and strandings.
• Respond to Sick, Stranded, Injured Killer Whales: Improve responses to live
and dead killer whales to implement rescues, conduct health assessments, and
determine causes of death to learn more about threats and guide overall
conservation efforts.
• Transboundary and Interagency Coordination: Coordinate monitoring,
research, enforcement, and complementary recovery planning with international,
federal and state partners.
•
Research and Monitoring: Conduct research to facilitate and enhance
conservation efforts. Continue the annual census to monitor trends in the
population, identify individual animals, and track demographic parameters.
WHEREAS, vessel traffic in the proximity of killer whales is presently subject to
cooperative guidelines called “Be Whale Wise,” which guidelines are designed to allow people
to enjoy and view the killer whale yet reduce the risk of disturbing the killer whale;
WHEREAS, the “Be Whale Wise” guidelines are endorsed by numerous organizations,
including the National Oceanic and Atmospheric Administration, the United States Coast Guard,
Washington Department of Fish and Wildlife, San Juan County, San Juan County Marine
Resources Committee, Fisheries and Oceans Canada, BC Parks, the Whale Watch Operators
Association Northwest, the Georgia Straits Alliance, the Whale Museum, the Seattle Aquarium,
Soundwatch, and Straitwatch.
WHEREAS, federal law prohibits persons from “taking” or “harassing” marine mammals
and state law makes it unlawful when a person “maliciously harasses” endangered wildlife,
WHEREAS, the federal standard of “harass” and the state standard of “maliciously
harasses” present difficulties for state and federal enforcement when vessels move in close
proximity to the southern resident killer whales;
WHEREAS, notwithstanding the adoption and promotion of the “Be Whale Wise
Guidelines,” members of Soundwatch and others have seen citizens carelessly and
inappropriately operate vessels in close proximity to the southern resident killer whale;
WHEREAS, more clear, understandable and enforceable standards are desired to regulate
vessel operation in proximity to the southern resident killer whale;
WHEREAS, San Juan County has been informed that the National Marine Fisheries
Service has issed an Advance Notice of Proposed Rulemaking regarding possible conservation
measures to protect whales from the effects of vessel traffic (See Federal Register, Vol. 72, No.
55 at 13464, March 22, 2007) and it is likely to take some time to complete the rulemaking
process;
WHEREAS, San Juan County has been informed that the Washington State Fish and
Wildlife Commission intends the propose or adopt regulations regarding the operation of vessels
in proximity of vessels near killer whales;
WHEREAS, the San Juan County Council desires to make portions of the “Be Whale
Wise Guidelines” as a regulation for which there is a penalty for the violation thereof until such
time as the National Marine Fisheries Service or the State of Washington or the Washington
State Fish and Wildlife Commission adopt regulations;
WHEREAS, after due notice, the San Juan County Council held a public hearing on this
ordinance on __________________, 2007 and considered public testimony, written statements
and reports of the public and the officials from the following government agencies:
NOW, THEREFORE, THE SAN JUAN COUNTY COUNCIL HEREBY ORDAINS AS
FOLLOWS:
Section 1. Legislative Intent.
A. The public health, safety and welfare are substantially benefited by the protection and
conservation of the southern resident killer whale.
B. This ordinance is adopted pursuant to the police power authority granted to San Juan
County in Article XI, Section 11, of the Washington Constitution, and the authority granted to
states to adopt more restrictive provisions with respect to the taking of endangered species
pursuant to 16 USCA 1535(f) (the Endangered Species Act).
C. This ordinance is intended to be local and apply only to the operation of vessels in San
Juan County during the time that the southern resident killer whale is present in the marine
waters of San Juan County.
D. This ordinance shall not be enforced if the State of Washington or any department
thereof, or the United States or any department thereof, establishes laws or regulations
specifically regarding the distance between a vessel and the southern resident killer whale.
E. Because the southern resident killer whale may surface in unpredictable locations, all
vessel operators must maintain a vigilant lookout for killer whales and to keep their distance
away from visible whales. Moreover, because whales may surface closer to a vessel than the
specified distance, it is not appropriate to make the violation of a distance requirement between a
vessel and a killer whale in subsections 3(A)(1), (2), (3) and (4) a strict liability or status offense.
F. Subsections 3(A)(5), (6), (7) and (8) are appropriate as strict liability offenses.
Section 2. General Guidance and Objectives.
The master and operator of every vessel in San Juan County has a duty to maintain a lookout for
southern resident killer whales while operating in the marine waters of San Juan County and to
determine the direction of travel of the whales and to safely operate the vessel to avoid violating
this ordinance. Vessel operators should move out of the way of approaching whales to maintain
an open way in front of and behind the killer whale and 100 yards to each side of the killer
whale. The fundamental concept of these rules is that that vessels should not approach within
100 yards of the killer whale and maintain an open way with a minimum of 100 yards on each
side of the pod of whales. When the killer whales are close to shore, the master of the vessel
should keep the vessel on the seaward side of the whales. All masters of vessels must reduce
speed in proximity to whales to avoid interfering with other nearby vessels and to protect whales
from unnecessary noise and interference.
Section 3. Unlawful activity in proximity to the southern resident killer whale.
A. Except as provided in Section 3(B) of this ordinance, it is unlawful for any person subject
to the jurisdiction of the United States to commit, attempt to commit or cause to be committed
the following acts within the marine waters of San Juan County with respect to the southern
resident killer whale (Orcinus Orcas):
1) Knowingly approach, by any means, within 100 yards of any killer whale; or
2) Knowingly allow a vessel or other object to be in the apparent path of an oncoming
killer whale thereby resulting in a killer whale surfacing within 100 yards of the vessel or object;
3) Knowingly place a vessel or other object within the area encompassing 100 yards on
either side of the killer whale and extending 400 yards ahead of the apparent path of the killer
whale;
4) Knowingly place a vessel or other object in the area encompassing 100 yards on either
side of the killer whale and extending 400 yards behind the killer whale;
5) Fail to yield to a killer whale;
6) Fail to disengage the transmission of a vessel that is within 100 yards of any killer
whale; or
7) Operate a vessel in excess of a slow, safe speed when such vessel is within 400 yards
of any killer whale. “Safe speed” has the same meaning as the term is defined in 33 USC 2006
and the international regulations for preventing collisions at sea 1972, See 33 USC Section 1602.
8) Feed a killer whale.
B. The following exceptions apply to the conduct described in Section 3(A) of this
ordinance, but any person who claims the applicability of an exception has the burden of proving
the exception applies:
1) The person is operating a vessel pursuant to and in a manner consistent with a permit
issued by the National Marine Fisheries Service, or similar authorization; or
2) The vessel is restricted in its ability to maneuver due to wind, current, tide, weather or
vessel limitations and because of such restrictions, the master of the vessel cannot comply with
the applicable provision of Section 3(A) of this ordinance; or
3) The person operating the vessel is lawfully engaged in actively setting, retrieving or
closely tending commercial fishing gear. For purposes of this subsection, “commercial fishing”
means taking or harvesting fish or fishery resources to sell, barter or trade. “Commercial
fishing” does not include commercial sport fishing boats used for charter operations or sport
fishing; or
4) The person was operating a vessel in the course of official duty for local, state, or the
federal governments; or
5) The person was operating a vessel in a manner authorized by treaty with Native
Americans or foreign nations.
Section 4. Presumption.
In any infraction involving a violation of this ordinance in the presence of a law enforcement
officer in a marked vessel, proof that the particular vessel described in the notice of infraction
was in violation of Section 3, together with proof that the person named in the notice of
infraction was at the time of the violation the registered owner of the vessel, constitutes in
evidence a prima facie presumption that the registered owner of the vehicle was the person in
control of the vehicle at the point where and for the time during which, the violation occurred.
This presumption may be overcome only if the registered owner states under oath, in a written
statement or testimony to the court that the vessel was, at the time, stolen, or in the care, custody,
or control of some person other than the registered owner.
Section 5. Penalty.
A violation of Section 3(A) of this ordinance is a civil infraction enforceable as provided in
Chapter 7.80 RCW. The maximum penalty is seven hundred fifty dollars ($750.00).
Section 6. Codification.
Section 1 though 5 of this ordinance shall be codified in Chapter 10.28 until such time as the
ordinance expires by its terms.
Section 7. Expiration.
This ordinance shall expire when either the National Marine Fisheries Service or the Washington
State Department of Fish and Wildlife makes effective a rule regarding the distance between
vessels and southern resident killer whales.
Section 8. Invalidity.
In the event any part of this ordinance is declared invalid, the remaining portions shall be
unaffected.
Section 9. Wide notice of adoption.
As provided in the County Charter, notice of adoption of this ordinance shall occur promptly. In
addition, these regulations, the “Be Whale Wise” guidelines, and other responsible wildlife
viewing messages should be widely disseminated to private boaters and the general public
through the distribution or posting of brochures, billboards, advertisements, and other
information sources in coastal communities, marinas, and fishing and boating literature, at
boating shows, boat dealers, and bareboat charters, during boating safety training courses, and in
conjunction with vessel registration or licensing.
