WDFW Licensing

Speak up for the Orcas!

In 2019, the Washington State Legislature passed a law requiring all commercial whale-watching companies to be licensed. The law gives WDFW the authority to set limits on the number of boats, time with whales, hours and areas of operation. The legislation mandates that WDFW must create rules that reduce noise and disturbance around the southern residents, and consider financial impact on license holders. Rules must be in place by January 1, 2021.

This is the final leg of a marathon that began on the Governor’s Task Force, where the recommendation for a licensing system was first proposed (Recommendation 18). The bill establishing the licensing system was passed by the Washington Legislature in 2019.

WDFW has proposed two options for rules (Option A and Option B). These were presented at a Commissioners’ meeting on 12/4. (See Summary and presentation here.)

  • Thanks to everyone who weighed in for the whales. Our voices mattered!

  • More than 3,000 comments were received supporting Option A or even stronger rules - ten times more than comments supporting commercial whale-watchers’ proposal to preserve the status quo.

What’s Next?

WDFW Commissioners are the decision-makers. They may adopt Option A, B, some combination or neither.

The Commissioners have scheduled a special meeting on 12/15 to discuss the licensing rules, ahead of a decision-making meeting on 12/18.

 

Action Items

1. Watch or listen to Commissioners meeting scheduled 12/15, 3:30 to 5 PM.

 

Key Dates

12/15. Fish and Wildlife Commission Special Meeting - commercial whale-watching briefing. Agenda here. Public may view the meeting here. (There will be no opportunity to comment at this meeting.)

12/18. Fish and Wildlife Commission scheduled decision

 

Key Documents

Pre-Draft Rules. Establishing the commercial whale watching license and restrictions on commercial viewing of southern resident killer whales in WAC (WDFW 10/1/2020)

Draft EIS. Draft Programmatic Environmental Impact Statement: Commercial Whale Watching Licensing Program (WDFW 9/23/2020)

Supplemental documents produced for WDFW Licensing Program:

Best Available Science Report (Washington Academy of Science)

Recommendation for Adaptive Management (WAS)

Economic Viability Analysis (Industrial Economics, Inc.)

Laws:

 RCW 77.65.615. Commercial whale watching license—Fees—Definitions.

RCW 77.65.620. Commercial whale watching license—Adoption of rules—Analysis and report to the governor and the legislature—Definitions.

RCW  77.15.740. Protection of southern resident orca whales—Unlawful activities—Penalty.

Senate Bill 5577, a Bill concerning the protection of southern resident orcas from vessels