Around the San Juan Islands of Washington state, majestic families of black-and-white orcas, known as the Southern Resident Community, are disappearing from their home waters. While scientists and conservation groups have worked to save these icons of the Pacific Northwest, the National Marine Fisheries Service (NMFS) appeared to be doing just the opposite.
Having refused to list these pods of orcas as endangered under the Endangered Species Act (ESA) in 2002, NMFS proposed in January 2003 to designate the population as "depleted" under the Marine Mammal Protection Act (MMPA). Dr. Naomi Rose, marine mammal scientist for The HSUS, says the decision not to list the Southern Residents as endangered "flies in the face of science, which clearly sees these whales as genetically distinct and vital elements of their ecosystem, and in the face of common sense." Rose points out that "while an MMPA 'depleted' designation would offer some assistance, it does not offer the strong and mandatory protections that an ESA listing does."
A federal judge apparently agreed with this position when he ordered the NMFS to reconsider its decision not to list these orcas under the Endangered Species Act on December 17, 2003. The NMFS responded by stating that they would not appeal the order, and that a reevaluation would be completed by December 17, 2004, in compliance with the court's order.
What ESA Protections Would Mean to the Southern Resident Orcas
Since its passage in 1972, the MMPA has protected orcas, yet the Southern Resident population continues to decline. Conservationists believe an ESA listing would give the whales the additional protection they need to recover. For example, the ESA requires the protection of critical habitat, something that is not afforded under MMPA "depleted" status. A listing under the ESA also requires the timely implementation of a recovery plan.
Such a plan for the Southern Residents could include the removal of dams that block salmon rivers, which would allow the orcas's primary food source to recover; year-round escort tugs could be placed in the Straight of Juan de Fuca, which would help prevent oil spills; and regulations could be implemented to stop the government and corporations from dumping toxic chemicals into orca habitat, while a cleanup of the toxins already present could begin. Some of these actions could be implemented, at least at some level, with a state endangered listing.
Rose says that there is still a chance to save Southern Resident Community orcas: "There is much to be done, but we can only save these orcas if the government responds to the urgency of the situation. This recent decision does not bode well."
While a federal listing is still the most effective means of recovering the Southern Residents' numbers, a state listing is also vital. The HSUS awaits the state's response to our letter. There is support for the orca within the state legislature: A House bill, H.B. 2884, was recently introduced to "promote orca awareness and to encourage protection of the natural marine habitat by designating the orca as the official marine mammal of the state of Washington."
See the next page for background information on the orcas of Washington State. Background
In 2001, following the unprecedented loss of six members of one family group (referred to by scientists as the L-pod), 11 conservation groups, led by the Center for Biological Diversity, signed a petition urging NMFS to give the species extra protection by placing it on the Endangered Species List. NMFS ultimately rejected the petition on the controversial grounds that these whales, while genetically distinct from other orca populations to the north, were not "significant" to the global population of orcas (who also known as killer whales).
In the face of this questionable federal decision, environmental and animal- protection groups, including The HSUS, have asked Washington state to do all it can to protect the Southern Residents. A letter, dated October 18, 2002, was sent on behalf of 19 regional, national, and international groups, requesting that Washington list the Southern Residents as "endangered" under the state endangered species act. Fortunately, the Washington Department of Fish and Wildlife recommended that the killer whale be listed as an endangered species in the state of Washington in their Draft Washington State Status Report for the Killer Whale (November 2003).
State protections would not be as extensive as federal protections; however, the state does issue permits for industrial toxins in wastewater discharge, license vessels, and control fisheries policies within state waters. Listing the Southern Resident orca under the state endangered species act would allow state regulators to improve conditions for the orcas within three miles of Washington's coastline.
Recipe for Extinction
Since 1996, the number of orcas living in the waters between the United States and Canada has plummeted. Scientists contend that several factors have contributed to the decline. During the 1960s and 1970s, they say, 48 whales were taken from this population for display in theme parks. The population was forced to recover from the loss of an entire generation, and from a weakened gene pool.
Also contributing to the orcas' demise, scientists say, has been the decline of salmon and ground fish stocks, the whales's primary food source. Several of these fish species have recently been added to the Endangered Species List themselves.
Toxic chemicals such as polychlorinated biphenyls, or PCBs, that accumulate in the whales's fat reserves have also contributed to their debilitation and death. A recent study found a level of 100 parts per million in the Southern Resident Community, placing these orcas among the most toxic whales in the world. (Seventeen parts per million of PCBs has been proven to cause disruption to the endocrine and immune systems in seals.)
PCBs were first introduced in the 1930s to insulate and lubricate heavy machinery, telephone lines, and hydroelectric transformers, and to make pigments, paints and carbon paper. Over the years, PCBs have leaked into many different ecosystems through industrial dumping and rainwater runoff.
The combination of toxins and a lack of food has created a deadly chain of events. Because the whales are not finding enough fish, they are forced to live off the stored fat in their blubber, releasing PCBs into their bodies where the toxins can cause immune system failure, changes in hormone levels, the breakdown of reproductive systems, and birth defects.
Finally, the decline of the Southern Residents may partly be the result of the noise generated by boats, including tankers and container ships, whale-watching boats, and private pleasure boats. One scientific theory suggests that engine noise masks the complex communication calls and echolocation clicks (natural sonar) used by orcas to find food.
"Not Significant"
On June 25, 2002, after a year's review to list this population of orcas as an endangered species, the NMFS agreed that the Southern Resident Community is probably facing extinction. However, the NMFS concluded that these pods are "not significant" to the greater population of fish-eating orcas living along the coast of British Columbia and Alaska—that is, that while they are genetically distinct from pods living to the north, the loss of the Southern Residents would not harm the overall welfare of the species.
Conservationists disagree, noting the Southern Resident Community's unique language and established culture, including behaviors such as a "greeting ceremony" held between reuniting pods. The fact that these whales have been isolated for thousands of years from their nearest neighbors in British Columbia confirms their genetic significance. If they disappear, it is highly unlikely any whales would replace them, meaning orcas would no longer play an ecological role in the Puget Sound area, and their unique culture would be lost forever.
