Olympia Address: Washington State Senate Telephone:

215 John A. Cherberg Building

(360) 786-7678
PO Box 40440
Olympia, WA 98504-0440
Senator Kevin Ranker FAX: (360) 786-7450
E-mail: Kevin.Ranker@leg.wa.gov 40th Legislative District Toll-Free: 1-800-562-6000

September 18, 2018

Re: Actions Proposed for Inclusion in the Year One Report of the Southern Resident Killer Whale Task Force

To the Members of the Southern Resident Killer Whale Task Force:

The recent apparent loss of J-50 and the tragedy of J-35's newborn this summer should serve to remind all of us of the
importance of our work and the need to chart bold, comprehensive actions to reverse the decline of our resident Salish
Sea orcas. I have set out below the proposed actions which I believe should be among the top priority recommendations
for inclusion in the report. The first three recommendations align closely in language forwarded by the Working Groups,
yet are proposed for consideration next year rather than in this year's report. I disagree with delaying these important
action items and I've set out my reasoning for these below. On other actions there are similar provisions coming from
the Working Group, and I've outlined suggested language revisions for those. Finally, I have set out three
recommendations not addressed by the Working Groups but which I believe should be forwarded to the public for their
review and comment, and also included in the Task Force's Year One report.

I look forward to working with the other Task Force members and hope that the recommendations below can be
integrated into the Task Force's report this fall. Your thoughts on these proposals and ways to improve them are of
course welcome.

Sincerely,

Kevin Ranker

State Senate, 40th Legislative District, and Task Force Member

Committees: Chair, Higher Education & Workforce Development • Energy, Environment & Telecommunications • Ways & Means
Working Group Proposed Actions for Year 2 that should instead be included in the Year One report

1. Reduce the risk of oil spills.

Proposed action: The 2019 Washington Legislature should enact legislation to reduce the risk of oil spills in the Puget
Sound. The legislation should: (1) require escort tugs for all oil transport vessels over 5000 tons, including oil barges and
articulated tug-barges (ATB); (2) require the oil shipping industry to fund a stationed emergency response towing vessel
(rescue tug) in a location to minimize response time in the Haro Strait and other navigation lanes with the highest tank
vessel traffic; and (3) require updated oil spill prevention and cleanup standards to address new types of oil (eg, tar sands)
and increased shipments by ATBs.

Action is needed immediately. While oil spills do not pose the longer-term toxic threat of other chemicals that are
persistent and bioaccumulative, oil spills are an immediate threat to whale survival. As the nation nears the 30th
anniversary of the Exxon Valdez spill, it is important to note the disaster that this spill caused to Alaska's whales, in
addition to the broader environmental and economic disaster of this spill. The resident orca pod had 36 whales at the
time of the spill, and 14 were lost from the spill itself. The transient pod lost nine of its 22 whales immediately after the
spill and, as of 2016, this pod is down to seven members. It may be functionally extinct as there are no reproductive
females. The oil spill may have been a central factor in its disappearance.

One significant spill in the Salish Sea could spell the end of SKR whales, and yet we are seeing ever-larger volumes of
crude oil and petroleum products moving over these waters including different types of crude oil and different types of
tanker vessels shipping it. Our spill prevention standards have not been significantly updated since the 1970's and it is
time that the Legislature directed a focus on vessel transport risks.

2. Establish a permit or endorsement for recreational whale watching.

Proposed action: Establish a permit or endorsement to be required of all boaters engaged in whale watching. Boaters
transiting an area with whales would be given a 15-minute grace period and enforcement officers would be advised to use
their discretion. The fee should not exceed $10 annually, with revenue collected to be used exclusively for WDFW
Marine enforcement division (see proposal #13 below). The permit or endorsement could be in the form of a marine
endorsement upon vessel registration, but could also be obtained by boaters and kayakers from WDFW through outlets
selling fishing licenses and access passes to Washington recreational lands and facilities (ie, Discover Pass). A whale
watching guidelines booklet should be provided when the permit or endorsement is obtained (this could also be added to
the fishing rules booklet already provided). If additional statutory authority is needed for this action, proposed legislation
should be forwarded to the 2019 Washington Legislature.

Action is needed this year. Whale watching provides people with an opportunity to learn about and appreciate marine
wildlife. It is extremely important that the large numbers of humans who watch SRK whales and other marine animals in
the wild do not disrupt the animals' environment and ability to live normal, healthy lives. Additional education efforts,
including a recreational whale watching permit or endorsement, will ensure that boaters, kayakers, recreational whale
watchers, and fishers are aware of their potential impacts to SRK whales and understand relevant laws and regulations.

3. Extend SRK whale safety zone in the presence of vessels.

Proposed action: The existing SRK whale safety zone while in the presence of vessels should be extended from the
existing distance limit to approach SRK whales from 200 yards around (and 400 yards in their path) to: 400 yards in front
of and behind the SRK whales, and 200 yards alongside. Additionally, a 5-knot speed limit for vessels within 440 yards of
SRK whales should be required.

Action is also needed on this item this year. There is strong scientific evidence suggesting that increased levels of
underwater noise causes whales to increase the amplitude and duration of their communications, and that vessel noise
may mask echolocation signals used for finding and capturing salmon. Also, it has been shown that both SRK whales
and transient killer whales reduce foraging efforts where there is vessel traffic and that vessel traffic causes a large range
of individual animal behavioral changes depending on the number and proximity of boats. Immediate action needs to be
taken to increase the setbacks of vessels operating near feeding whales.

Working Group Proposed Actions for which alternative language is proposed

The following recommendations propose alternative language and details to that brought forward by the Working
Groups. I generally support the Working Group prioritizing these actions but suggest consideration of the alternative
language set forth below.

4. Establish No-Go Zones on the central west side of San Juan Island. (Alternative to Vessel Working Group
Recommendation 5 (Action 9))

Proposed action: The Washington Department of Fish and Wildlife (WDFW) no later than December 1, 2018, must
convene affected user groups, Tribes, and governments to establish zones restricting commercial whale watching vessels
and recreational vessels entry in order to protect southern resident killer (SRK) whales north of Pile Point and South of
Mitchell Bay. If additional authority is necessary for WDFW to establish and implement such zones, it should request
such authority from the 2019 Washington Legislature. The work should employ updated scientific methodologies and
seek to balance competing objectives by providing maximum benefit to SRK whales at the least cost to ocean users. The
zones should avoid high commercial navigation lanes and WDFW should consult with the United States Coast Guard to
avoid conflicts with federal regulations. WDFW should adopt regulations establishing the zones no later than May 1,
2019, by emergency regulations if necessary.
5. Establish a slow zone on the southwest side of San Juan Island. (Alternative to Vessel Working Group
Recommendation 1 (Based on: Action 1), which proposes creating a statewide "Slow--No white-water wake"
bubble)

Proposed action: The WDFW no later than December 1, 2018, must convene affected user groups, Tribes, and
governments to establish a slow zone from Cattle Pass to Pile Point and out ¼ mile from shore restricting all vessels to
no more than 5 knots. If additional authority is necessary for WDFW to establish and implement such restrictions, it
should request such authority from the 2019 Washington Legislature. WDFW should consult with the United States
Coast Guard to avoid conflicts with federal regulations. WDFW should adopt regulations establishing the zones no later
than May 1, 2019, by emergency regulations if necessary.

6. Regulate Commercial Whale Watching Vessels. (Vessel Working Group Recommendation 3 (Action 3))

Proposed action: A limited entry permit system for commercial whale watch vessels operating for all inland waters of
Washington State should be established. The system should be managed by WDFW and implemented in a manner that
dramatically reduces the number of commercial vessels around SRK whales when feeding. A cap on the number of
permits should be established, with preference provided to vessels now operated for commercial whale watching, and a
buyback program should be initiated by funding in the next state biennial budget. The system should include a
monitoring and compliance component, such as mandatory use of Automatic Identification Systems (AIS).

7. Allocate funds for marine hazardous waste site cleanups. (Contaminants Work Group Action 7. "Prioritize
and accelerate sediment remediation and nearshore restoration based on risk to SRKW")

Proposed action: The 2019 Washington Legislature should allocate a minimum of $15 million in funds under the
Model Toxics Control Act (MTCA) for the cleanup of hazardous waste sites in marine waters and adjacent to marine
waters to reduce toxic chemical exposure to SRK whales and the salmon upon which SRK whales depend. The
Department of Ecology (department) should provide a prioritized list to the Governor and the fiscal committees of the
Senate and House of Representatives of such sites for which remedial action plans are ready for implementation during
the 2019-21 biennium. For marine sites in the northern US areas of the Salish Sea, the department must revise its hazard
ranking system to expressly recognize toxic chemical exposure to whales and their food.

8. Provide funding for fish habitat restoration and protection. (Prey Working Group Recommendation 1
(Based on Action Habitat D(a))

Proposed action: The Washington Legislature in the 2019-21 biennium should prioritize habitat-related funding in
both the operating and capital budgets on programs and projects that maximize food sources for SRK whales, including
Chinook salmon and the forage fish in the salmon and whale food chain. Programs that must comply with this priority
include funds administered by the Salmon Recovery Funding Board, the Washington Wildlife and Recreation Program,
and Estuary and Salmon Restoration Program, as well as Fish Passage Barrier Removal funding, Hydraulic Projects
Approvals (HPAs), and others.

9. Require compliance with habitat protection standards. (Prey Potential Recommendations 3, 4, 5, 6 and 8)

Proposed action: The 2019 Washington Legislature should establish a strong "no net loss" policy regarding critical
habitat for SRK whales, salmon, and forage fish. Increased penalties and restoration requirements should be established
for noncompliance with local and state standards for protection of such habitat, such as HPA standards, wetlands fill
restrictions, and critical areas protections. Penalties should be increased if a property owner violates local and state
standards protecting critical habitat for SRK whales, salmon, and forage fish. Penalties should also be assessed on a
contractor or agent of the property owner who is performing work that violates local and state standards. If a contractor
or agent of the property owner violates local and state standards more than three times, the contractor or agent's license
must be revoked.

10. Spill from Lower Snake River dams. (Prey Working Group Potential Recommendation 15, 16 and 17)

Proposed action: Pending completion of the environmental impact statement on operation and future of the federal
mainstem dams, including the four dams on the lower Snake River, federal and state agencies should pursue all available
options to increase spill for restoration of salmon stocks upon which SRK whales feed. To facilitate adjusting spill
regimes, the Department of Ecology should consider increasing the gas standard to a set standard if the best available
scientific information shows it would benefit chinook and other salmonids. Additional research should be gathered to
support consideration of dam removal on salmon-bearing river systems, including removal of the four dams on the
Lower Snake River.

11. Increase funding for hatcheries. (Prey Working Group Potential Recommendation 9, 10 or 11)

Proposed action: In the 2019-21 biennial capital budget, the Washington Legislature should increase funding for
hatcheries to increase production of Chinook salmon by 50 to 80% for release into those watersheds that will maximize
feeding opportunity for SRK whales. Releases must be made in rivers where there will not be adverse effects upon
wildfish, and consistent with requirements of the Endangered Species Act (ESA). It should be coordinated with similar
increases at federal and tribal hatcheries and managed to increase marine survival of chinook, adjust return timing and
locations to align with whale needs, increase the size and age of return, and reduce the potential for competition with
wild fish.
The following proposals were not forwarded by the Working Groups but I recommend including them in the
Year One report following consideration of public review and comment on them later this month

12. Prohibit offshore oil development for handling of fossil fuels.

Proposed action: The 2019 Washington Legislature should enact legislation to prohibit the use of state-owned aquatic
lands for any transportation, processing, or other handling of fossil fuels, which may be extracted, on the Outer
Continental Shelf (OCS). The prohibition include rights of way, leases, or other use authorizations by the state
Department of Natural Resources or any unit of local government. Similar use prohibitions should be incorporated into
the state's Shoreline Management Act and implementing city and county master programs as well as incorporated into
the state's Coastal Zone Management Plan.

13. Creation of a Marine Enforcement Division within DFW

Proposed action: The WDFW should increase its staff devoted to marine enforcement, habitat protection, and
hatchery production centered on SRK whale recovery by at least doubling its dedicated marine enforcement officers.
The agency should create a Marine Division - dedicated long-term staff assignments to marine enforcement and
positioning staff and enforcement vessels in a manner that ensures a sufficient enforcement presence when SRK whales
are in Salish Sea waters.

14. Increase funding for implementation of whale recovery measures

Proposed action: The Washington Legislature should appropriate significant additional operating funds to WDFW for
implementation of SRK whale recovery measures, including revenues from whale watching licenses and funding from
other sources.