A boater drove through a pod of killer whales. Turns out a wildlife videographer was filming

Still frame from recording of recreational vessel M/V Cypress Point approaching killer whales near Roche Harbor, Washington, September 1, 2022. Vessel operator agreed to pay civil penalty of $1000 for violating distance rules for approaching killer whales © NOAA Fisheries

A Bellingham, Washington, man has agreed to pay a $1,000 civil penalty after a nearby wildlife videographer recorded his 51-foot recreational vessel passing through a pod of killer whales on the west side of San Juan Island in 2022.

"The high-resolution video provided strong evidence in this case," said Greg Busch, assistant director of NOAA's Office of Law Enforcement, West Coast Division. "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."

Matt Ryan of Bellingham acknowledged to NOAA Fisheries investigators that he helmed the 51-foot M/V Cypress Point, into Roche Harbor on San Juan Island on September 1, 2022. The videographer filming from another nearby vessel noticed Ryan's boat heading for a pod of killer whales. The captain of that nearby vessel began sounding his horn and using hand signals to warn Ryan.

The videographer recorded the Cypress Point passing through the group of killer whales, including one whale that leapt from the water just as the boat was moving toward it.

Federal regulations at the time of the incident required that vessels remain at least 200 yards away from any killer whales in the inland waters of Washington. Both federal and state regulations protect killer whales in Washington. Vessels must stay at least 300 yards to either side of Southern Resident killer whales in Washington State and at least 400 yards in front of or behind them. Beginning in January of 2025, state regulations will require that all vessels stay 1,000 yards from Southern Resident killer whales.

Vessel traffic impacts whales

Research shows that vessel traffic near killer whales can disrupt their pursuit of prey, forcing them to expend more energy for the same amount of food. That can put the whales under additional stress, affecting their survival and reproduction.

The whales that Ryan's vessel approached were Bigg's killer whales, also known as transients, not endangered Southern Resident killer whales. Many recreational boaters may not know the difference. Federal regulations apply to and protect both subspecies of killer whales under the Marine Mammal Protection Act and Endangered Species Act.

The videographer reported the incident through the website BeWhaleWise.Org and provided the video recording as evidence. Investigators from NOAA's Office of Law Enforcement interviewed the videographer and examined the recording. With high-quality video and details about the vessels, they identified the vessel and its owner. Ryan confirmed to officers that he was operating the boat in Roche Harbor on the day of the incident.

Ryan rejected an initial settlement offer of $300 from the Office of Law Enforcement, which would have included a citation for violating distance protections for killer whales. Investigators then turned the case over to the Enforcement Section in NOAA's Office of General Counsel. Attorneys there issued Ryan a Notice of Violation and Assessment of Administrative Penalty for $3,000. He subsequently hired an attorney.

Settlement includes penalty

Ryan initially requested a hearing before an Administrative Law Judge, but later agreed to a settlement through his attorney. The settlement included an admission of liability for the violation and civil penalty of $1,000. A civil penalty is purely a fine and does not carry criminal consequences.

Federal and state agencies have stepped up efforts in recent years to advise recreational and rental boaters about whale watching regulations in Puget Sound and the Salish Sea, so boaters are aware of the rules on the water. State and federal enforcement officers conduct special patrols during the summer to enforce distance regulations.

Boaters and shore-based viewers regularly report incidents through BeWhaleWise.Org and to NOAA's enforcement hotline at (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.