Document Library

Primary rule being amended - oil spill contingency planning for vessels, facilities, and pipelines

Railroad oil spill contingency plan rule - being amended

Regional contingency plan for Washington and Oregon

Most recent federal status review for ESA-listed Southern Resident Killer Whale population

Established the Southern Resident Orca Task Force and directed state agency actions

Vessel noise reduction program for Southern Resident Killer Whale protection

WDFW orca recovery page including vessel approach distance regulations

Formal announcement of rulemaking - filed January 21, 2026

Summary of the rulemaking kickoff meeting covering scope, three amendment goals, BAP objectives, timeline, and upcoming workshops.

Slide presentation from the BAP Drills workshop covering SRKW deterrence and NFO drill requirements, current rule language analysis, and discussion questions.

Summary of the BAP Drills workshop including 2023 NW Area Committee task force findings, 2025 BAP workgroup recommendations, current rule language gaps, and next steps for informal comment period.

Summary of BAP workgroup recommendations that inform this rulemaking

WSMC's substantive comments on the proposed SRKW deterrence provisions. Position: Ecology lacks authority to impose deterrence obligations on plan holders that can only be performed under federal MMPA/ESA permit authority. SRKW deterrence is a federal activity led by NMFS under USCG Permit 24359. WSMC supports logistical-support role, contractual access to Wildlife Response Service Providers, and strengthening the WRSP application under WAC 173-182-840; opposes standing deterrence fleets, plan-holder-funded whale monitoring, and drill requirements that presume plan holders conduct deterrence.

WSMC's comments on the April 13, 2026 draft amendments to WAC 173-182-710. Four substantive concerns: (I) Section (9) wildlife deterrence drill lacks definition and conflicts with federal law if directed at SRKW; (II) Section (6)(c)(G) large-scale SRKW deterrence drill must require NMFS/USFWS/WDFW leadership as prerequisite, with plan holders limited to logistical support; (III) Section (3) SMT drill design should be withdrawn and replaced with an Ecology-led SMT competency program modeled on California OSPR; (IV) Section (10) NFO deployment drill trigger needs a defensible technical standard (e.g., NOAA ADIOS Group IV/V).

Companion comment filed alongside WSMC's four substantive rulemaking comments. Formally objects to the Department's characterization of BAP Workgroup outputs (SRKW, UAS, SCAT, NFO, Technical Manuals) as consensus, unanimous agreement, or collective findings. The workgroups operated as discussion forums without adopted procedures, voting rights, or participant-signed outputs. Requests that the rulemaking record cite workgroup outputs as Department-authored summaries of stakeholder discussions and that rulemaking proposals articulate regulatory justification independently of workgroup consensus characterizations. Incorporated by reference into each substantive WSMC comment.