Bellingham man fined $1,000 for steering yacht through orca pod

A Bellingham man has been fined $1,000 for driving his 51-foot recreational vessel through a pod of killer whales off the west side of San Juan Island in 2022.

Matt Ryan acknowledged to NOAA Fisheries investigators that he was at the helm of the boat, M/V Cypress Point, heading into Roche Harbor when he passed through the pod, an incident caught on video by a wildlife photographer.

“The high-resolution video provided strong evidence in this case,” Greg Busch, assistant director of NOAA’s Office of Law Enforcement, West Coast Division, said in a statement. “We’re fortunate that people watching knew what they were seeing was not right, documented it in detail, and reported it so that we could take action.”

Ryan steered the boat dangerously close to the orcas even though the captain of a nearby vessel was sounding his horn and waving his arms to get Ryan's attention in hopes that he would change course.

Federal regulations at the time required vessels to remain at least 200 yards away from killer whales in Washington’s inland waterways. Since then, state and federal regulations have increased that required distance for Southern Resident killer whales to 300 yards to either side of sighted pods or at least 400 yards in front or behind them. Starting in 2025, the required distance from Southern Resident orcas increases to 1,000 yards in any direction.

The whales that Ryan’s vessel approached were Bigg’s killer whales, not the endangered Southern Resident killer whales. Federal law requires vessels to remain at least 200 yards from Bigg's transient killer whales.

Both subspecies are protected under the Marine Mammal Protection Act and the Endangered Species Act.

Research has shown that boats traveling near orcas can disrupt their pursuit of prey and cause additional stress on the animals.

EDITOR'S NOTE: This article was changed on Friday, Aug. 9, 2024, to clarify that the increased distances from orcas applies only to Southern Resident killer whales.