(1) Tours involving any nonmotorized watercraft used for the purposes of paddle tours, such as kayaks, are subject to these requirements. Such watercraft constitute paddle tour vessels and are referred to as "vessels" in this chapter. Regardless of the type of nonmotorized watercraft involved, the person operating on behalf of the business to conduct the tour is referred to as a " paddle guide" in this chapter.

(2) Paddle guides must prevent all vessels in their tour group from disturbing southern resident orcas. All vessels in the tour group must adhere to the following requirements:

(a) It is unlawful to launch if southern resident orcas are within 1,000 yards of the launch location.

(b) Vessels are prohibited from being paddled, positioned, or waiting in the path of a southern resident orca. If a southern resident orca is moving towards a vessel, the vessel must immediately be moved out of the path of the whale.

(c) If vessels inadvertently encounter a southern resident orca, they must immediately be moved as close to shore as possible and secured, or be rafted up close to shore or in a kelp bed, and paddling shall cease until any and all orcas have moved to at least 400 yards away from the vessels. Rafting up is defined as manually holding vessels close together, maintaining a tight grouping. Once any orcas are moving away from the vessel(s) and are at least 400 yards away, all paddlers must either remain rafted/secured until the whales are at least 1,000 yards away or must paddle in the opposite direction of travel from the orcas until all vessels are 1,000 yards away from the orcas.