NOAA Fisheries listed the Southern Resident killer whales as endangered under the Endangered Species (ESA) on Nov. 18, 2005. The agency identified vessel effects, including physical interference and sound, as a potential contributing factor in the population’s decline. Before the ESA listing, NOAA Fisheries had designated Southern Residents as a depleted stock under the Marine Mammal Protection Act (MMPA).
Both the MMPA and the ESA prohibit take, including harassment, of killer whales, but these statutes do not prohibit specified acts. The recovery plan for Southern Resident killer whales includes as a management action the evaluation of current vessel guidelines and the need for regulations and/or protected areas.
In 2007, NOAA Fisheries requested input on potential regulations to protect killer whales from the effects of various vessel activities. The agency released proposed vessels regulations in July 2009, held public meetings, and took comments on them until January 2010.
May 16, 2011: Vessel regulations to protect killer whales became effective
Apr. 8, 2011: The Northwest Region announced final regulations to protect killer whales in Washington State from the effects of various vessel activities.
Feb. 16, 2010: Public comments on proposed killer whale vessel regulations