POSTED: Tuesday, Sep. 22, 2009

Bellingham-area fishers concerned about orca protection rules

Commercial fishermen fear that proposed federal rules to protect endangered Puget Sound orca whales could harm their livelihood because it would restrict their access to waters on the west side of San Juan Island during the commercial season for sockeye and pink salmon.

At issue is the National Oceanic and Atmospheric Administration's plan to keep boats from disturbing the whales by restricting nearly all vessels from entering the "no-go zone" on that side of the island, in a 6.2-square mile area stretching from Mitchell Bay down to Eagle Point. The zone would extend about a half-mile offshore and would be in place from May 1 to Sept. 30.

"There's so few of us that I can't see it's actually an issue," said Shannon Moore, a Bellingham resident and gillnet fisherman of the commercial fleet. "To shut us out would inflict unnecessary harm to our industry."

Moore, who represents a group called Puget Sound Gillnet Fisherman, said moving commercial fishing vessels from what is commonly referred to as the salmon banks, because the fish tend to pool there, would stack them up in other areas that are not as lucrative.

"We did acknowledge they would be displaced. But it's a small 6.2-square-mile area," said Lynne Barre, marine mammal specialist for NOAA Fisheries Service. "We are asking for public comments on our analysis."

Tribal fishing vessels and landowners accessing their private property next to the no-go zone are exempt from this part of the regulations. Barre said the exemption for commercial treaty fishermen, or tribal fishermen, was made because NOAA is following agreements it has with the tribes.

Known as the Southern Resident killer whales, the large marine mammals were placed on the Endangered Species list in 2005. The current population is 85. The population peaked at 97 in the 1990s and dipped to 79 in 2001 before recovering a bit since then.

The proposed rules, issued in July by NOAA's Fisheries Service, also would prohibit most vessels - from whale-watching boats to pleasure crafts like kayaks and sailboats - from coming within 200 yards of the whales while they're in the inland waters of Washington state. Commercial fishing vessels are exempt from the 200-yard limit while setting or tending to their gear.

NOAA has said the rules will protect the whales, which depend on sophisticated sonar to navigate and find food. Studies have shown that orcas can be affected by underwater noise from boats and vessels that approach too close or block their paths, said NOAA, which also is concerned about boats running into whales.

Barre said the proposed no-gone zone "is a high-use area for the whales."

"We have a lot of information that they spend time foraging there," she said.

Jeromy Jording, Puget Sound commercial salmon manager for Washington Department of Fish & Wildlife, said the commercial fishermen he's talked to believe that imposing a speed limit for the area may be the better option overall for protecting the whales.

He also had questions about the focus of the proposed rules.

"What is the purpose of this regulation?" Jording said. "Is this to deter folks from disturbing the whales when they're feeding? Or is it to minimize the amount of acoustical interference these whales are receiving just from vessels in the area?"

If approved, the rules would go into effect in May 2010 at the earliest.

IF YOU GO

The National Oceanic and Atmospheric Administration added a public meeting in Anacortes to discuss proposed regulations to protect killer whales by restricting how close commercial and recreational vessels can be to them. The three meetings, which were organized by NOAA's Fisheries Service division, run from 7 to 9 p.m.

They are:

Thursday, Sept. 24, at the Pier One Main Warehouse, 100 Commercial Ave., in Anacortes.

Wednesday, Sept. 30, at the Seattle Aquarium, Pier 59, 1483 Alaskan Way in Seattle.

Monday, Oct. 5, at the Grange Hall on First Street in Friday Harbor.

Learn more by going to nwr.noaa.gov and typing orca vessel into the search window. Select the link that reads "Orca Vessel Regs 09/17/09."

The public comment period on the proposed rules remains open until Oct. 27.