Southern Resident Killer Whales
WAC 173-182 & WAC 173-186
If an oil spill occurs near the endangered Southern Resident orcas, trained teams would attempt to deter the whales from entering oiled waters. The BAP workgroup identified significant challenges: federal permits are required before deterrence can begin, there's no established pool of trained personnel, and funding for whale monitoring networks is uncertain. Recommendations focus on building this capacity through planning standards and drills.
Rulemaking Progress
WSMC filed substantive comments on April 14, 2026 opposing SRKW deterrence obligations that would require plan holders to perform activities reserved to federal agencies under the MMPA/ESA. WSMC position: deterrence is led by NMFS under USCG Permit 24359; plan holders provide logistical support only. WSMC recommends strengthening the Wildlife Response Service Provider application under WAC 173-182-840 rather than creating new plan-holder deterrence mandates.
Key Issues
- Drill requirements for SRKW deterrence tactics
- Access to trained deterrence personnel and equipment
- Coordination with NOAA, WDFW, and USCG
- ICS processes for deterrence operations
- Whale monitoring and reconnaissance during spill response
Related Events
View all →CR-101 Filed - Rulemaking Announced
MilestoneDepartment of Ecology filed Preproposal Statement of Inquiry (WSR 26-03-094) announcing rulemaking to amend WAC 173-182 and WAC 173-186.
BAP Workshop: Drills
Workshop14:00 - 16:00 PT • Virtual (Zoom)
BAP-topic workshop focused on drill requirements for non-floating oil response and Southern Resident Killer Whale deterrence. Reviewed 2023 NW Area Committee Task Force report and 2025 BAP workgroup recommendations, analyzed current rule language gaps, and opened discussion on strengthening drill requirements.
WSMC Submits Informal Comments to Ecology
MilestoneWSMC submitted five comment letters to the Department of Ecology on the informal draft rule language and rulemaking topics: SRKW deterrence, UAS, draft WAC 173-182-710 drills, technical manuals (WAC 173-182-349), and a companion comment on BAP Workgroup process and representations of consensus.
Quick Facts
- Current Stage
- Rule Development
- CR-101 Filed
- 2026-01-21
- WAC Sections
- WAC 173-182, WAC 173-186
- BAP Workgroup
- Yes — recommendations submitted
Reference Documents
All →- WAC 173-182 Washington State Legislature
- WAC 173-186 Washington State Legislature
- NWACP RRT10 / Northwest Area Committee
- NOAA SRKW 5-Year Review PDF NOAA Fisheries
- EO 18-02 Governor Jay Inslee
- Quiet Sound Quiet Sound / Maritime Blue
- WDFW Orca Recovery Washington Department of Fish and Wildlife
- CR-101 Filing Department of Ecology
Have Input?
Send comments to Ecology's rulemaking team during the rule development phase.
spillsrulemaking@ecy.wa.gov