View the CR-102 Rule Preproposal
Purpose of the proposal and its anticipated effects, including any changes in existing rules: In 2021, the department adopted a suite of rules to reduce the daily and cumulative impacts of commercial whale watching on Southern Resident orcas and consider the economic viability of license holders. That rulemaking process created and populated a new chapter in WAC (220-460) that defined commercial whale watching licensing processes and rules for holders of commercial whale watching licenses. In 2023, the Washington State Legislature adopted Senate Bill 5371 that modified the vessel setback from Southern Resident orcas and codified some requirements for commercial whale watching in statute. Specifically, the revised statute that takes effect January 1, 2025 will change the vessel setback from Southern Resident orcas to 1,000 yards. The changes to the statute require an update to WAC Chapter 220-460 to align with the language in the statute and to remove sections that no longer provide a functional benefit to Southern Resident orcas or to the economic viability of license holders. This proposal clarifies the requirements for commercial whale watching and paddle tour license holders as authorized under RCW 77.65.620.
Reasons supporting proposal: This proposal is founded on five years of work that began with the initial rulemaking to establish WAC Chapter 220-460 in 2020-2021. The Department conducted an adaptive management process that included intergovernmental, stakeholder, and public engagement in 2022, leading to many of the recommended changes in this proposal. The 2024 adaptive management process included the development and recommendation of this proposed rule change. The proposal defines important administrative aspects of the commercial whale watching licensing program created in RCW 77.65.615. In addition, per the mandate in RCW 77.65.620, the proposal is designed using best available science to reduce the daily and cumulative impacts of commercial whale watching on southern resident orca whales and also considers the economic viability of license holders.
Please note: All comments received by WDFW are part of the public record and will be available for public viewing - so please do not include private information in the text of your comments. Comments are subject to disclosure under the Public Records Act, RCW 42.56.