A Bellingham, Washington, man has agreed to pay a $1,000 civil penalty after a nearby wildlife videographer recorded his 51-foot recreational vessel passing through a pod of killer whales on the west side of San Juan Island in 2022.

“The high-resolution video provided strong evidence in this case,” said Greg Busch, assistant director of NOAA’s Office of Law Enforcement, West Coast Division. “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.”

Matt Ryan of Bellingham acknowledged to NOAA Fisheries investigators that he helmed the 51-foot M/V Cypress Point, into Roche Harbor on San Juan Island on September 1, 2022. The videographer filming from another nearby vessel noticed Ryan’s boat heading for a pod of killer whales. The captain of that nearby vessel began sounding his horn and using hand signals to warn Ryan.

The videographer recorded the Cypress Point passing through the group of killer whales, including one whale that leapt from the water just as the boat was moving toward it.

Federal regulations at the time of the incident required that vessels remain at least 200 yards away from any killer whales in the inland waters of Washington. Both federal and state regulations protect killer whales in Washington. Vessels must stay at least 300 yards to either side of Southern Resident killer whales in Washington State and at least 400 yards in front of or behind them. Beginning in January of 2025, state regulations will require that all vessels stay 1,000 yards from Southern Resident killer whales.