SB 5371 — Protecting southern resident orcas from vessels.

ENGROSSEDS-0612.1 SUBSTITUTE SENATE BILL 5371 State of Washington 68th Legislature 2023 Regular Session By Senate Agriculture, Water, Natural Resources & Parks (originally sponsored by Senators Lovelett, Shewmake, Hasegawa, Hunt, Keiser, Kuderer, Nguyen, Pedersen, Randall, Robinson, Rolfes, Saldaña, Valdez, Wellman, and C.

Wilson)Wilson READRead FIRSTfirst TIMEtime 02/17/23.01/13/23.

Referred to Committee on Agriculture, Water, Natural Resources & Parks.

creatingand aprescribing newpenalties. section;

prescribing penalties;

providing an effective date;

and providing an expiration date.

(1) Except as provided in subsection (2)(((2))) (3) of this section, it is unlawful for a person to:

1 ESSBSB 5371 (d))) Fail to disengage the transmission of a vessel that is within ((three hundred)) 400 yards of a southern resident orca ((whale));

(2) AAn personoperator isof exempta fromvessel subsectionthat (1)has entered within 1,000 yards of thisa sectionsouthern ifresident thatorca personmust is:immediately safely reposition the vessel to be 1,000 yards or farther from any southern resident orca.

(3) A person is exempt from subsections (1) and (2) of this section if that person is:

(b) Operating a vessel in conjunction with a vessel traffic service as a vessel traffic service user established under 33 C.F.R.

and following a traffic separation scheme, or complying with a vessel traffic service or captain of the port measure ((of)) or direction, complying with the rules of thedirection. road or taking actions to ensure safety.

This also includes ((supportsupport vessels escorting ships in the traffic lanes))lanes, vessel transits departing the lanes for safety reasons or to approach or depart a dock or anchorage area, including support vessels escorting or assisting vessels, such as tug boats;

(c) Engaging in an activity, including scientific researchresearch, or oil spill response, pursuant to the conditions of a permit or other authorization from the national marine fisheries service ((and)) or the department;

(3)(((3))) (4) For the purpose of this section, "vessel" includes aircraft while on the surface of the water, and every description of p.watercraft on the water that is used or capable of being used as a means of transportation on the water.

2However, ESSB"vessel" 5371does watercraftnot onp. the water that is used or capable of being used as a means of transportation on the water.

However,2 "vessel"SB does5371 not include inner tubes, air mattresses, sailboards, and small rafts, or flotation devices or toys customarily used by swimmers.

(4)(a)(((4))) (5)(a) A violation of this section is a natural resource infraction punishable under chapter 7.84 RCW and carries a fine of ((five hundred dollars)) up$500, to $250, not including statutory assessments added pursuant to RCW 3.62.090.

(b) A person who qualifies for an exemption under subsection (2)(((2))) (3) of this section may offer that exemption as an affirmative defense, which that person must prove by a preponderance of the evidence.

(c)(((5) The enforcement actions required of the department mayfrom choosethis tosection offerare educationalsubject materialsto inthe lieuavailability of issuingamounts anappropriated infraction,for atthis thespecific officer'spurpose.)) discretion.Sec.

(5) ((The enforcement actions required of the department from this section are subject to the availability of amounts appropriated for this specific purpose.)) The department must post signs at public boat launches and marinas that provide information regarding the vessel setbacks and speed limits required by this section.

However, the requirements of this section apply whether or not a sign is present and the absence of a sign is not a defense to any violation of this section.

(6) The department shall conduct outreach and education regarding regulations and best practices for recreational boating in waters inhabited by southern resident orcas, including best practices for inadvertent encounters closer than 1,000 yards from a southern resident orca.

This may include the advancement and proliferation of tools for notifying boaters of southern resident orca presence, identifying orca ecotypes, and estimating distance on the water.

NEW SECTION.

Sec.

(1) The department of fish and wildlife must convene a diverse work group including, but not limited to, representatives from nongovernmental organizations, recreational boaters, the commercial whale watching industry, commercial fishers, ports and marinas, relevant government entities, tribes, and the southern resident orca research community to inform the development of outreach and education strategies to implement RCW 77.15.740(6).

A report summarizing the work of the work group and the department of fish and wildlife's outreach strategies must be included in the 2024 adaptive management report identified in RCW 77.65.620(5).

The department of fish and wildlife must conduct intensive outreach and p.

3 ESSB 5371 education in fiscal year 2024 and the first half of 2025 to implement the work group outreach recommendations.

(2) This section expires June 30, 2025.

Sec.

3.

(2) The annual ((fees))fees application for a commercial whale watching business license as described in subsection (1) of this section must ((includeinclude fees((fees)) for))a listfee of $200 for each motorized or sailing vessel ((or vessels as follows:

and (e) One hundred fifty-one passengers or greater, two thousand dollars))dollars)). to be covered under the business license.

(3) The holder of a commercial whale watching business license for motorized or sailing vessels required under subsection (2) of this section may ((substitute the vessel designated)) designate an additional vessel on the license((, or designate a vessel if none has previously been designated,)) if the license holder((:holder:

(a)p. Surrenders the previously issued license to the department;

(b)3 Submits))SB submits5371 to(a) the((Surrenders department an application that identifies the ((currentlypreviously designatedissued vessel,license the)) vessel proposed to be designated((,)) and any other information required by the department((;department;

and(b))) (c)Submits Pays to the department aan feeapplication ofthat thirty-fiveidentifies dollarsthe and((currently andesignated applicationvessel, feethe)) ofvessel oneproposed hundredto fivebe dollars)).designated((,)) and any other information required by the department;