Boater fined after nearly striking orca in WA waters

Boater nearly strikes killer whale

A Bellingham boater was caught on camera driving through a pod of killer whales, and nearly striking an orca within moments of it leaping out of the water.

FRIDAY HARBOR, Wash. - A Bellingham boater was caught on camera driving through a pod of killer whales, and nearly striking an orca within moments of it leaping out of the water.

The video, documented by a wildlife photographer, netted the boater a $1,000 fine.

The incident took place on the west side of San Juan Island back in 2022, but the fine was only levied recently after a drawn out legal process. The boater initially rejected a $300 fine, only for the potential fine to grow to $3,000 dollars before an attorney agreed to settle the case by paying a civil penalty.

A killer whale leaps out of the water near San Juan Island in Washignton state, as a 51-foot vessel motors ahead toward a pod of killer whales.

A still frame of a video recording of a 51-foot long vessel driving right at a killer whale as it breaches from the water. Investigators with NOAA tell FOX 13 that the boater agreed to pay a fine of $1,000 for driving through a group of killer whales

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Investigators noted that a nearby vessel sounded it’s horn and attempted to use hand signals to warn the boater.

"The high-resolution video provided strong evidence in this case," said Greg Busch, assistant director of NOAA’s Office of Law Enforcement. "We’re fortunate that people watching knew what they were seeing was not right, documented it in detail, and reported it so that we could take action."

In recent years, state and federal agencies have stepped up efforts to enforce distance regulations as it pertains to killer whales.

While law enforcement can’t be present in all locations, at all times – the latest fine is a reminder that NOAA has begun to utilize video evidence to prosecute recreational boaters that are creating dangerous encounters for wildlife.

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Recreational boaters to see new rules for Southern Resident killer whales soon

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Recreational boaters to see new rules for Southern Resident killer whales soon

New legislation aimed at giving Southern Resident killer whales more space to swim, hunt and gather in the Salish Sea is fast-approaching.

The whale that was nearly struck was not one of the Southern Resident killer whales that is endangered.

Instead, the pod of whales is known as Bigg’s killer whales – but like the endangered orcas, there are restrictions in place that require vessels to remain at least 200 yards away from all killer whales in inland Washington waters.

The endangered Southern Resident killer whales are meant to receive even more space. Beginning in January 2025, state regulations will require all boaters to give endangered whales at least 1,000 yards of space at all times.

How many Southern Resident killer whales are left?

The population of Southern Resident killer whales now sits at 74 whales.

While both U.S. and Canadian groups have listed the species as at-risk, measures haven’t yielded any major signs of recovery.

There is hope that new legislation that forces vessels to give Southern Residents additional space could offer hope. Vessel noise is considered a major barrier for orcas, as studies have shown they will often abandon feeding efforts due to their reliance on echo location to hunt.

Southern Resident killer whales are also facing an uphill battle in terms of prey availability, as the salmon it relies on is an endangered species itself.

How many species of killer whales are there?

Orcas, also known as killer whales (both terms are used interchangeably by scientists), are divided up into a number of different groups – two frequent Puget Sound: the Southern Resident killer whales, and Bigg’s (also known as Transient) killer whales.

Southern Resident killer whales are the most well-known orcas. They live in close-knit family pods and rely on salmon populations to survive. They have been listed as an endangered species since 2005.

Bigg’s killer whales travel in small groups and eat seals, sea lions and porpoises. If you’ve been on an orca tour in recent years, it’s most likely you saw a Bigg’s killer whale as their population is in a much healthier state.

A study published earlier this year argued that Bigg’s and resident orcas are distinct species, as opposed to ecotypes – eight other types of orca are known to exist.

How you can help

Boaters and shore-based viewers regularly report incidents through Be Whale Wise and to NOAA’s enforcement hotline at 1-866-767-6114. With well-documented reports, including video and photos, enforcement agents and investigators can pursue violations and fines, which are a consequence of not following the regulations in place to protect the whales.