Investigation Under Way After Boaters Seen 'Harassing' Orca Whales

An investigation is under way after a boat was seen aggressively circling orca whales near Shelton, an act that can result in huge fines by federal investigators.

Photos taken Thursday by a whale watcher on shore show a boat feet away from at least two orca whales in Hammersley Inlet in Mason County.

The owners of a bed and breakfast said they were thrilled when they saw the whales playing in the inlet, but became very disturbed at what they saw next.

“(The boat) was at the back of the whale and then swooped around and went in front of the whale, and it was kind of harassing the whales,” said witness Kelly Bergh.

“It was a bad thing for them to be doing,” said Doug Sayan, who lives in the area.

Witnesses said the whales, which had been putting on an impressive show, quickly left the area as the boat continued harassing the animals.

“They’re endangering their own lives, let alone the whales – so very sad,” said Bergh.

Mason County Chief Deputy Dean Byrd said boaters need to stay at least a 100 yards away from orcas.

“When you get too close to these whales it prevents them from feeding, it prevents them from communicating with each other and it also prevents them from taking care of their young and this one had a young whale with it,” said Byrd.

In Thursday’s case, Byrd said the boaters clearly violated the law and the photograph is good enough to identify them.

“We were able to pull off the Coast Guard number and get the registration for that boat and these people will be contacted,” said Byrd.

Mason County sheriff’s officials said when they finish collecting information about the owners of the boat, they will pass the information on to federal investigators. Violations can result in a fine of up to $1,025. The maximum under federal law is $10,000.

The incident isn't the first time this summer that people were seen coming too close to orcas. A seaplane was photographed in July, flying as low as 30 feet, over a group of up to 40 killer whales off San Juan Island.

The Mason County Sheriff’s Office is reminding residents and recreational boaters to give the whales a wide berth.

According to state law it is illegal to:

Approach within 100 yards of a whale.

Cause a vessel or other object to approach within 100 yards of a whale.

Intercept a whale by remaining in its path until it comes within 100 yards of a vessel.

Fail to disengage the transmission of a vessel that is within 100 yards of a whale.

Feed a whale.

The regulations apply to tour boats, private powerboats, sailboats, kayaks, canoes, personal watercraft, and personal flotation devices. Federal law also has broad restrictions against disturbing or harassing any marine mammal.

According to Mike Cenci, deputy chief of enforcement for the Washington State Department of Wildlife, 10 citations and dozens of warnings were issued in 2008.

Officials said boaters are responsible for keeping their distance from the whales. Human disturbance can interfere with a whale’s ability to feed, communicate and care for its young.