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Guidlines


Operation of Vessels in the Vicinity of Resident Killer Whales

1. A vessel shall approach an area of known or suspected whale activity with extreme caution.

2. A vessel within ½ mile (880 yards) of a whale is considered to be in the vicinity of whales and is required to abide by all of these Best Practices Guidelines as are relevant.

3. If a vessel operator is unaware of the whales' location he must maintain a vigilant watch for whales at all times. Mere observation of whale watching vessels in the distance does not fulfill this responsibility as individual whales may be encountered anywhere and at any time. Maintaining a vigilant watch often includes significant speed reductions.

4. A vessel approaching the vicinity of whales - within ½ mile (880 yards) of a whale - is considered to be in the slow-down zone and must gradually reduce speed such that vessel speed is no more than 7 knots at ¼ mile (440 yards) off or closer. This speed transition shall also be observed when dis-engaging the vicinity of whales.

5. As the vessel approaches, the distribution of whales and the positioning of other viewing vessels should be surveyed. Communication with other member vessels is strongly encouraged at this point (on the designated marine radio frequency).

6. A vessel approaching the vicinity of whales from ahead must apply the Stop &Wait Viewing Sequence once inside ½ mile (880 yards) of the nearest whale or within ¼ mile (440 yards) of a vessel maintaining its priority sequence and waiting for the whales to arrive.

7. A vessel approaching the vicinity of whales from behind must apply the Parallel Viewing Sequence once inside ½ mile (880 yards) of the nearest whale or within ¼ mile (440 yards) of a vessel maintaining its priority paralleling sequence. A vessel may disengage the area to reposition at any time. (See Parallel Viewing Sequence).

8. A vessel approaching the vicinity of whales from the side must apply the Parallel Viewing Sequence once inside ½ mile (880 yards) of the nearest whale or within ¼ mile (440 yards) of a vessel maintaining its priority paralleling sequence. A vessel may disengage the area to reposition at any time. (See Parallel Viewing Sequence).

Parallel Viewing Sequence

9. A vessel approaching the vicinity of whales from behind or from the side must apply the Parallel Viewing Sequence once inside ½ mile (880 yards) of the nearest whale or within ¼ mile (440 yards) of a vessel maintaining its priority paralleling sequence. A vessel may disengage the area to reposition at any time.

10. When approaching a whale or a group of whales from behind or from the side the vessel operator must ensure his vessel moves to the outside of the nearest group of whales, and outside the vessels already accompanying these whales, and head in a direction parallel to the direction these whales are traveling, maintaining existing view angles of all vessels previously on scene.

11. Vessels in more favorable positions should limit their time in that position to 15 minutes and then allow other vessels engaged in viewing that more favourable position.

12. Vessels should stay to the outside of the whale(s) they are watching, maintaining the vessel on the ocean (deep-water) side of the whales farthest away from shore.

13. Vessels should travel in a direction parallel to the direction the whales are traveling, maintaining a minimum distance of 100 yards (300 feet), 100 metres (328 feet) when in Canadian waters.

14. A vessel's speed should be the same as the whale's speed or slower. However, when traveling slower than the speed of the whales, a vessel relinquishes its priority sequence. This technique is generally used to disengage the vicinity of whales when the intention is to break away and return to port.

15. A vessel approaching the vicinity of whales from ahead must apply the Stop &Wait Viewing Sequence once inside ½ mile (880 yards) of the nearest whale or within ¼ mile (440 yards) of a vessel maintaining its priority sequence and waiting for the whales to arrive.

Stop &Wait Viewing Sequence

16. A vessel approaching a whale or group of whales from the side or from behind may apply the Stop &Wait Viewing Sequence but only if it does not engage in viewing, namely maintains a minimum distance of ½ mile (880 yards) from the nearest whale and the nearest whale watching vessel and moves to approach the whales from ahead (see above).

17. When approaching a whale or a group of whales from ahead the vessel operator must ensure his vessel enters the sequence of viewing vessels such that all other vessels on scene prior to his vessel will all be afforded a viewing opportunity prior to his vessel, given that the current course of the whales at the particular time is extrapolated on the whale's most likely course. Once the vessel is in viewing sequence, it must stop, shut down engines and allow the whales to travel toward the vessel, if they so choose. The Master of an inspected and certified vessel is provided with limited latitude - shut down of engines is not required only if the Master of an inspected and certified vessel has sufficient safety or seamanship reasons to avoid shutdown of main and auxiliary engines.

18. A vessel engaged in the Stop &Wait Viewing Sequence may have whales approach inside 100 yards (300 feet) only if it has followed all relevant procedures.

19. Each whale in the vicinity must be allowed to pass a minimum of 1/8th mile (220 yards) before re-starting engines.

20. Repositioning is most relevant to vessels utilizing the Stop &Wait Viewing Sequence. To reposition a vessel must dis-engage the vicinity of whales by allowing each whale in the vicinity to pass a minimum of 1/8th mile (220 yards) before re-starting engines. The vessel then proceeds on a course perpendicular to the current course of the particular whales at a maximum speed of 7 knots until it is at least ¼ mile (440 yards) away from the nearest whale after which point it can make the speed transition until it is at least ½ mile (880 yards) away from the nearest whale after which point it is not in the vicinity of whales. This is the minimum required buffer zone and, in addition, the vessel must be outside and behind any other vessel engaged in a similar maneouver, maintaining its current priority sequence. At this point the vessel is able to engage in viewing and able to employ either viewing sequence.

21. A vessel within ½ mile (880 yards) of a whale is considered to be in the vicinity of whales.

22. A vessel within ¼ mile (440 yards) of a whale is considered to be in the vicinity of whales and engaged in viewing.<

At All Times in the Vicinity of Whales

23. It is incumbent on the vessel operator to be able to recognize resting behaviour.

24. A vessel shall not approach a resting whale from behind, leaving a minimum clearance of 1/8th mile (220 yards).

25. A vessel shall not approach a resting whale from ahead or be ahead of resting whales while in the vicinity of whales.

26. A vessel in the vicinity of a resting whale shall always employ the Parallel Viewing Sequence. The Stop &Wait Viewing Sequence shall not be utilized at anytime when whales are resting in the vicinity, unless the vessel is maneouvered in such a manner that the nearest whale passes the vessel a minimum of 100 yards (300 feet), 100 metres (328 feet) when in Canadian waters.

27. A vessel in the vicinity of a foraging or feeding whale shall employ the Stop &Wait Viewing Sequence. The Parallel Viewing Sequence shall not be utilized at anytime when whales are feeding or foraging in the vicinity.

28. Whenever a vessel is upwind of and in the vicinity of a whale, engine exhaust emissions are to be minimized, either by shutting down one or more main and auxiliary engines.

29. A vessel shall limit its cumulative time in the vicinity of whales on any one tour to a maximum of 33% of the scheduled tour length. For a 3-hour tour this is a maximum of 1 hour spent in the vicinity of whales. Vessels should further limit the amount of time in the vicinity of whales on days when there are a large number of vessels with the animals. On these occasions vessels should spend more of their tour observing other marine wildlife (birds, porpoises, seals, etc.) in other locations.

30. A vessel shall not leapfrog, that is to repeatedly maneouver to intercept the course of the whales. Vessels are, however, able to dis-engage the vicinity of whales and subsequently re-engage the vicinity of whales.

31. All sonar, depth sounders, fish finders and other underwater transducers should be shut off whenever a vessel is in the vicinity of whales.

32. Vessels shall ensure a boat-free foraging zone for the whales when they are near shore by maintaining a position seaward of the whales and not positioning within 1/8th mile (220 yards) of any shoreline when whales are in the vicinity.

33. A vessel's speed shall never exceed 30 knots when it is within ½ mile (880 yards) of any shoreline at any time during a tour.

Vicinity of Transient Killer Whales

1. All Best Practices Guidelines as they relate to resident killer whales are applicable and must be followed with the following modifications.

2. It is incumbent on the vessel operator to be able to recognize a transient killer whale.

3. The Parallel Viewing Sequence must be applied when engaged in viewing transient killer whales, when they are in transit.

4. Either the Parallel Viewing Sequence or the Modified Stop &Wait Viewing Sequence may be employed when engaged in viewing transient killer whales when they are not in transit.

5. The Modified Stop &Wait Viewing Sequence employs the techniques of the Stop &Wait Viewing Sequence for Resident Killer Whales with the following modifications:
a. The minimum distance off in all cases is 1/8th mile (220 yards);
b. A vessel shall not allow a transient killer whale to pass within 1/8th mile (220 yards) while engine are running;
c. If engines are shut down, it is permissible to allow a transient killer whale to pass within 1/8th mile (220 yards).

Operation of Vessels in the Vicinity of Migratory Baleen Whales

1. All Best Practices Guidelines as they relate to resident killer whales are applicable and must be followed with the following modifications.

2. It is incumbent on the vessel operator to be able to recognize Gray, Humpback and Minke Whales.

3. Either the Parallel Viewing Sequence or the Stop &Wait Viewing Sequence may be employed when engaged in viewing Baleen whales.

Operation of vessels around Pinnipeds

1. When approaching pinniped haul-outs, vessels should slow such that at 100 yards there is minimal wash.

2. At the first sign of disturbance (sea lions sitting up and shifting position or harbor seals bouncing on their bellies) vessels should slowly back away.

3. Avoid loud noises or sudden rapid movements. Particular caution should be exercised during pupping season (early summer).

Operation of vessels around birds

1. Caution should be exercised when approaching birds on land or on the water. Approach slowly, watch for signs of agitation and leave slowly.

2. Birds on the water should be given as wide a berth as is practical. Disturbance while fishing may be more detrimental than disturbance while resting on land. There is a great deal of variation in how different species respond to marine traffic.

3. Cormorants are particularly sensitive to disturbances when nesting although all nesting birds should be avoided. Extra caution should be exercised from nesting through fledging (beginning of May to the end of August). Vessels should approach very slowly and remain at least 100 yards from rookeries.

4. All operators should be aware of areas designated as refuges and remain 200 yards away. Operation of vessels around porpoises.

1. Operators should be able to distinguish harbor porpoise from Dall's porpoise.

2. When harbor porpoise are encountered, vessels should either (1) disengage the area and leave them alone or (2) if they wish to observe them, either (a) reduce speed as low as possible and maintain their course to their next destination or (b) STOP with engine off or in neutral and observe. Under no circumstances should vessels attempt to engage harbor porpoise in bow riding.

3. When Dall's porpoise are encountered vessels should either (a) continue their course and speed or (b) STOP and observe. If the porpoises decide to bow-ride vessels should continue their course and adjust their speed accordingly. Vessels should not repeatedly drive through groups of Dall's porpoise in order to encourage them to bow-ride. If no porpoises are interested in bow riding after 2 passes, either continue on your way or stop to observe.

4. When more than one vessel is with the same group of Dall's porpoise that are actively bow riding, they should communicate and/or have one of the vessels parallel at a safe distance so that passengers can observe the bow riding on the other vessel.

Race Rocks Proposed Marine Protected Area

1. Race Rocks will likely be designated as Canada's first Marine Protected. It has been chosen as a prototype for the creation of other Marine Protected Areas across Canada.

2. The Whale Watch Operators Association - North West has worked collaboratively with all stakeholders and the Canadian Government in the development of these Best Practices Guidelines for the Race Rocks Marine Protected Area, which apply equally to all vessels, whether commercial or private, whether intending to view wild life or otherwise transiting the area.

3. Race Rocks is recognized as an area which can be utilized to educate viewers on the richness of the biodiversity of the Pacific Northwest coastline to assist in the raising of public awareness for the benefit of resident wild life species.

4. Vessels will allow for a speed transition by slowing their approach to Race Rocks such that speed at 1/8th mile (220 yards) from any rock or landmass is reduced to minimal wake and wash, relative to the conditions of the sea state at the particular time. This Go Slow Zone extends 1/8th mile (220 yards) around every rock and landmass in the Race Rocks area.

5. Vessels in the Go Slow Zone will remain as close to mid-channel as is practicable between the major rock outcroppings known as North Race Rock, West Race Rock and Helicopter Rock.

6. While in the Go Slow Zone vessels will transit the area with the current whenever conditions are suitable to do so.

7. Vessels exiting the area will allow for a speed transition.

8. Vessels will remain outside all of the Go Slow Zone whenever Resident, Transient or Off Shore Killer Whales are present in the Go Slow Zone.

Lime Kiln Light House

San Juan Island Special Operating Area

1. Vessels will remain a minimum of ½ mile (880 yards) from the light beacon of the Light House at Lime Kiln on San Juan Island when whales are in the vicinity.

West Side - San Juan Island Special Operating Area

1. Vessels will remain a minimum of ¼ mile (440 yards) from the main shoreline of the west side of San Juan Island when between the southern most point of Henry Island in the north and the north side of Pile Point in the south when whales are in the vicinity.

Radio Etiquette

1. Vessels engaged in viewing or in the vicinity of whales will monitor the Marine VHF Radio frequency designated from time to time by this Association, in addition to those frequencies required to be monitored by regulation.

2. Radio transmissions should be courteous, helpful, to the point, use appropriate language and be brief. Passengers in other vessels and in dispatch offices are able to hear transmissions.

3. Brevity of radio transmissions is particularly important when discussing location and travel patterns of the whales. This in order to minimize the broadcasting of the whales' location.

Guiding/Naturalist Services

1. WWOA-NW members will ensure that the services of an appropriately educated, trained and experienced naturalist or biologist are available to passengers aboard their vessels at all times.

2. WWOA-NW members will ensure that passengers aboard their vessels are informed of these Best Practices Guidelines and how they relate to marine wildlife viewing and species conservation.

3. Operators are encouraged to maintain a logbook of sightings of all types of creatures including birds, cetaceans, pinnipeds and other animals of interest and make it available to researchers.

Hydrophone etiquette

1. A vessel with a hydrophone down should fly the hydrophone down flag (letter 'R' in the international system).

2. Any vessel flying the hydrophone down flag should monitor the designated marine VHF frequency.

3. Vessels approaching a stationary vessel flying the hydrophone down flag should establish communications and move to a position likely suitable to the stationary vessel as quickly as possible and shut down engines at the earliest time.

4. A vessel dis-engaging the vicinity of whales should communicate its intention to do so to any vessel engaged in viewing with a hydrophone down prior to the commencement of its dis-engagement to ensure minimal interference.

Vessel Operation

1. WWOA-NW should ensure their vessels are always operated in a manner respectful of other vessels and their passengers.

2. A vessel should not take a course between another vessel and the animals its passengers are observing or between another vessel and the shoreline.

3. A vessel should not accelerate or pass near other vessels.

4. Loudspeakers and public address systems should not be used near shore - especially in inhabited residential areas - or when boats are closely grouped.

5. A complaint of the actions of another member's vessel should not be voiced over the VHF radio. These discussions should be in person, by telephone or by using a courtesy reminder after the incident.

Research and Education

1. WWOA-NW members support local whale research by providing written records of sighting information to bona fide research groups and through WWOA-NW approved financial support of research activity.

2. WWOA-NW members should not address non-compliance of the Best Practices Guidelines or of legislative non-compliance except in the most extreme of cases. Compliance enforcement is not the role of WWOA-NW nor do WWWOA-NW members have any legislative authority to take any action whatsoever. If unavoidable, courteous and educational approaches should be taken and then only in the most flagrant violations. Report flagrant violations to the competent authority of the relevant jurisdiction.

If you see any discrepancies or have any comments or suggestions, please contact the Whale Watch Operators Association - North West by emailing Dan Kukat at president@nwwhalewatchers.org

whale diving, pair of kayakers
spyhopping whale