L-84, a 25-year-old male killer whale named Nyssa, continues to
transmit his location and that of his traveling companions who keep
moving north and south along the West Coast, going as far south as
Here’s a quick update, going back to when the orca was first
A satellite transmitter was attached to L-84 on Feb. 17 by
researchers from NOAA’s Northwest Fisheries Science Center during a
research cruise focused on the Southern Resident whales. Since
then, the orca — often see with whales from K and L pods — moved
south past the Columbia River into Central Oregon before turning
back north on Feb. 21.
On Feb. 25, the researchers were following the whales in the
research vessel Bell M. Shimada off Westport in Washington when
another group of L pod whales showed up. It was at that time that a
new calf was spotted with L-94, a 20-year-old female named
The whales headed south and reached Tillamook Head in Northern
Oregon on Feb. 27, then they turned north and reached La Push in
Washington on March 1. For the next eight days, the whales moved
back and forth in the north-central areas of the Washington Coast
before moving south to Grays Harbor on March 12.
On March 13, they began an excursion to the south, reaching the
Columbia River on March 14, Cape Falcon on March 15, Depoe Bay on
March 16, Coos Bay on March 18, and the California border on March
At that time, marine mammal researcher Jeff Jacobson, based in
Northern California, caught up with the whales and confirmed that K
pod and a portion of L pod remained with the tagged whale L-84. The
whales kept moving south to Cape Mendocino (south of Eureka,
Calif.) on March 22 (Sunday), before turning back north, reaching
the Rogue River (just north of the Oregon state line) on
The tracking effort provides information about the whale’s
travels and where they may be catching fish. Work from research
vessels often involves collecting fecal samples and pieces of dead
fish to identify what the whales are eating during the winter and
Starfish that live symbiotically inside a tube sponge were long
believed to assist the sponge with its cleaning activities, while
the starfish received a protective home for being such a helpful
companion. This type of mutually beneficial symbiosis is called
But this long-held assumption — that both the brittlestar and
gray tube sponge were benefitting from the deal — turned out to be
wrong when researchers took a close look at the relationship.
The video describing this whole affair and the research behind
it became a finalist in the Ocean 180 Video Challenge, judged by
37,795 students in 1,600 classrooms in 21 countries. Ocean 180 is
all about connecting science to people, and the video challenge is
designed to help scientists turn their discoveries into
I really like the concept of this contest. Joseph Pawlik, one of
the researchers involved, did a good job telling the story of the
starfish and the sponge in the video production, assisted by Jack
Koch of the University of North Carolina, Wilmington. They called
the video “The maid did it! The surprising case of the
I won’t give away who killed whom, but answers to the murder
mystery are revealed toward the end of the 3-minute video.
A much more extensive research project involves monitoring the
largest active volcano off the coast of Oregon, a location called
Axial Seamount. University of Washington researchers and students
conducted the research and produced the video about the equipment
used in an extreme environment and how the data are transmitted
back to land via a fiber optic cable.
While the videos of the starfish-and-sponge and offshore volcano
were among the top 10 finalists, neither were among the top award
First-place winner Kelly Jaakkola of the Dolphin Research Center
said Ocean 180 is a way to make a connection with the next
generation of ocean scientists:
“For a lot of students, science can have a negative, scary
image. They picture people in white lab coats talking about topics
that nobody understands in the most boring, unimaginative way
possible. If we want to get kids excited about science, we need to
change that image.”
Third-place winner Charles Waters said some of the most
inspiring science writing uses analogies, metaphors and similes to
describe the scientific process and research findings:
“Video helps lift images from print, and the message comes
closer to being an experience for the audience in contrast to a
mere information stream.”
The Ocean 180 Video Challenge is sponsored by Florida Center for
Ocean Sciences Education Excellence.
Researchers have listed more than 100 “biologically important
areas” for whales and dolphins living in U.S. waters, all reported
in a special issue of the journal
Aquatic Mammals (PDF 22.9 mb).
The BIAs may provide useful information, but they are not marine
protected areas, and they have no direct regulatory effect, said
Sofie Van Parijs, a researcher at NOAA’s Northeast Fisheries
Science Center and guest editor of the special report.
“They represent the best available information about the times
and areas in which species are likely to be engaged in biologically
important activities,” Van Parijs said in a news
release. “We encourage anyone planning an activity in the ocean
to look at this information and take it into consideration to
understand and reduce adverse impacts on marine species.”
Project managers can use information in the report for offshore
energy development, military testing and training, shipping,
fishing, tourism, and coastal construction. Underwater noise,
generated by most human activities in or on the water, can affect
large areas of whale territory.
Separate articles were written about seven regions of the
country, with three of them in Alaskan waters. The lead author for
West Coast regional report (PDF 4.5 mb) is John Calambokidis of
Cascadia Research Collective in Olympia.
The West Coast report identified 29 BIAs covering areas
important for blue whales, gray whales, humpback whales and harbor
porpoises in Washington, Oregon and California. BIAs for blue
whales and humpback whales are “based on high concentration areas
of feeding animals observed from small boat surveys, ship surveys
and opportunistic sources,” the report says.
BIAs for gray whales focus on their migratory corridor from
Mexico to Alaska, along with primary feeding areas for a small
resident population known as the Pacific Coast Feeding Group, or
PCFG. This group, believed to be genetically distinct from the
migratory whales, spend most of their time between Northern
California and Canada’s Vancouver Island.
The BIAs for gray whales in Washington are around the northwest
tip of Washington, including Neah Bay; in Saratoga Passage east of
Whidbey Island; and around Grays Harbor on the coast.
The PCFG could be a key factor in determining whether the Makah
Tribe of Neah Bay is granted a permit to hunt for gray whales in
Washington state waters and limiting potential limits on any hunts
approved. It was interesting that the BIA report came out at almost
the same time as an environmental impact statement on the Makah
The impact statement evaluates alternatives for whaling,
including a tribal proposal to hunt up to five whales a year but no
more than 24 whales in six years. Various alternatives include
plans to limit hunting seasons to reduce the risk of killing a
whale from the Pacific Coast Feeding Group and to cease hunting if
a quota of these whales is reached.
“This is the first step in a public process of considering this
request that could eventually lead to authorization for the tribe
to hunt gray whales,” said Donna Darm, NOAA’s associate deputy
regional administrator, in a
press release. “This is the public’s opportunity to look at the
alternatives we’ve developed, and let us know if we have fully and
completely analyzed the impacts.”
For details on this issue, including the EIS and instructions
for commenting on the document, check out NOAA’s website on the
Makah Whale Hunt.
Returning to the study of biologically important areas, no BIAs
were established for endangered fin whales, because of
discrepancies between sightings and expected feeding areas and
uncertainty about their population structure.
The BIA assessment did not cover minke whales, killer whales,
beaked whales and sperm whales but the authors recommend that
future work cover those animals as well as looking into special
breeding areas for all the whales.
A future BIA for killer whales could have some connection to an
ongoing analysis by NOAA, which recently announced that it needs
more information about Southern Resident killer whales before
expanding their critical habitat under the Endangered Species Act.
Water Ways from Feb. 24.
In the overall report, BIAs can be established if they have any
of the following characteristics:
Reproductive areas – Areas and times within
which a particular species selectively mates, gives birth or is
found with neonates or calves,
Feeding areas – Areas and times within which
aggregations of a particular species preferentially feed. These
either may be persistent in space and time or associated with
ephemeral features that are less predictable but are located within
a larger area that can be delineated,
Migratory corridors – Areas and times within
which a substantial portion of a species is known to migrate; the
corridor is spatially restricted.
Small and resident population – Areas and
times within which small and resident populations occupy a limited
I admit I’m little late to the party, since this video was
posted on NOAA’s
Facebook page three days ago., Still, I wanted to show it to
those of you who may not be closely following the killer whale
research. At the end of this video, researchers Brad Hanson and
Candice Emmons talk a little bit about their work.
With less than a week remaining on the 21-day research cruise,
Brad Hanson and company sighted a newborn orca in L pod swimming in
coastal waters off Westport on Wednesday. The mother appears to be
L-94, a 20-year-old female named Calypso.
The new calf is the third to be born to Southern Residents since
Christmas. That’s a nice turnaround, considering that no babies
were born in 2013 and 2014, except for the one born right at the
end of last year. Still, at least one more calf is needed to
surpass even the annual average over the past 10 years. To keep
this in perspective, six calves were born in 2010, though not all
“It is encouraging to see this (new calf), particularly in L
pod,” Brad told me in a phone call yesterday afternoon. Hanson is a
senior researcher for NOAA’s Northwest Fisheries Science
The current research cruise also has been among the most
exciting and productive since the effort began in 2004, he said.
The research vessel Bell M. Shimada was able to follow J pod up
into Canada’s Strait of Georgia before switching attention to K and
a portion of L pod, which then traveled down the coast of
Washington past the Columbia River into Central Oregon. Satellite
tags attached to males in the two groups helped the research team
stay with the animals. In past years, the whales have not always
been easy to find for observation and tracking.
So far, more fecal and scale samples were collected in 2013 than
this year, but that could still be surpassed. This was the first
time that all three pods have been observed in one year, and it was
the first time that researchers saw two groups of L pod whales
coming together in the open ocean.
“Both 2013 and this cruise were extremely productive,” Brad told
me. “We have been able to observe variability between pods as well
as variability between years.”
As I mentioned in
Water Ways on Tuesday, learning where the whales travel in
winter and what they are eating are essential elements for
extending legal protections to the coast as part of a new critical
habitat designation for the Southern Residents.
With unusually good weather and sea conditions for February, the
researchers have learned a great deal about the whales as well as
the conditions in which they live — including the presence of sea
birds and other marine life, the abundance of plankton and the
general oceanographic conditions, Brad noted.
“I would rather be lucky than good any day,” he said of the
fortuitous conditions that have made the trip so successful. See
Facebook page for his latest written notes.
The two groups of L-pod whales apparently came together early
Wednesday about 15 miles off the coast near Westport. The whales
were tightly grouped together when Hanson and his crew approached
in a small Zodiac work boat.
“It looked like a bunch of females were all gathered up when we
saw this calf pop up,” Brad said. “It is really exciting. The calf
The young animal had the familiar orange tint of a newborn with
apparent fetal folds, which are folds of skin left from being in
the womb. It was probably no more than two days old and very
energetic, Brad said.
Ken Balcomb of the Center for Whale Research said the baby in L
pod might not have been spotted so early in the year were it not of
the research cruise. L pod usually returns to Puget Sound in April
“Seeing these calves is great, but the question is: Will they
make it into summer,” Ken said in an interview with Tristan
Baurick, a reporter with the
Kitsap Sun (subscription).
Without winter observations, many orcas born during those months
— especially whales in K or L pods — might never be known, since
the mortality of young orcas is believed to be high.
As of this afternoon, the research vessel Shimada was off the
Long Beach Peninsula north of the Columbia River (presumably with
the whales). This is the general area where the orcas and their
observers have been moving about for the past day or so.
It’s all about the data when it comes to critical habitat for
the Southern Resident killer whales, or so they say.
Researchers with NOAA’s Northwest Fisheries Science Center have
piled up a lot of data this year, which could be just what is
needed to expand the endangered orcas’ critical habitat from Puget
Sound and the inland waterways out to the open ocean along the West
NOAA announced in
today’s Federal Register that the agency would consider
expanding critical habitat, as allowed by the Endangered Species
Act, and possibly make other changes to the designation over the
next two years. What is needed, the agency said, are more data.
On Dec. 28, a satellite transmitter was attached to J-27, a
24-year-old male named Blackberry, who was tracked as J pod moved
about from the Strait of Juan de Fuca up into the Strait of Georgia
until the tag came off on Feb. 15. The following day, a new
satellite tag was attached to L-84, a 25-year-old male named Nysso.
K and L pods were tracked out to the ocean and down the coast to
A research team led by Brad Hanson aboard the vessel Bell M.
Shimada has kept track of J pod, then K and L pods since leaving
Newport, Ore., on Feb. 11. According to the latest report from the
researchers, K and L pods traveled south last week to the Umpqua
River in Central Oregon, where they abruptly turned north on
The whales continued north on Sunday, sometimes 10 miles
“We observed a lot of surface active behavior throughout the day
— lots of spy hops — and at one point we observed numerous whales
repeatedly breaching over a several-minute period,” according to
notes from the cruise.
The researchers observed no apparent foraging for several days
and the whales remained quiet, with the exception of a several-hour
period shortly after the breaching episode. As of yesterday
morning, they were still off the Oregon Coast and heading
The tracking data and up-close observations from this year’s
cruise appear to fill in some major data gaps — especially for J
pod, whose winter movements were not well known, according to NOAA
In 2012, the first tag deployed on the Southern Resident allowed
the researchers to track J pod, but only for three days before the
tag came off. In 2013, a tag on L-87, which frequently traveled
with J pod, provided 30 days of data about J pods movements in the
Salish Sea, particularly in the Strait of Georgia (where they spent
a lot of time this year).
Another tag in 2013 allowed K and L pods to be tracked along the
West Coast all the way to California.
Sightings from land and shore, along with acoustic recordings of
the whales also are included among recent findings.
We won’t know until 2017 if NOAA has amassed enough data to
expand the critical habitat to coastal regions, perhaps as far as
Northern California, as proposed in a petition filed in January of
last year by the Center for Biological Diversity. For the decision
announced today in the Federal Register, the data are not enough.
This is how it is stated in the notice:
“While data from new studies are available in our files and have
begun to address data gaps identified in the 2006 critical habitat
designation, considerable data collection and analysis needs to be
conducted to refine our understanding of the whales’ habitat use
and needs. Additional time will increase sample sizes and provide
the opportunity to conduct robust analyses.
“While we have been actively working on gathering and analyzing
data on coastal habitat use, these data and analyses are not yet
sufficiently developed to inform and propose revisions to critical
habitat as requested in the petition.”
In addition to the geographic areas covered by the killer
whales, the agency must identify the ‘‘physical or biological
features essential to the conservation of the species.’’ Such
features include food, water, air, light, minerals or other
nutritional requirements; cover or shelter; sites for breeding; and
habitats protected from disturbance.
Once specific areas are identified for protection, the agency
must make sure that the value of protection for the killer whales
outweighs the economic costs and effects on national security.
While J pod continues to hang out in the Salish Sea, NOAA’s
research cruise has shifted its focus to K and L pods, which have
worked their way south along the Washington Coast to beyond the
If you recall, a research team led by Brad Hanson of NOAA’s
Northwest Fisheries Science Center left Newport, Ore., on Feb. 11
aboard the vessel Bell M. Shimada. Homing in on a satellite tag
attached to J-27 (named Blackberry), the ship met up with J pod two
days later near Canada’s Texada Island in the Strait of
The researchers were able to collect scales from fish killed by
the whales to determine what kind of fish they were eating. It was
the first time that a sample of this kind has been collected
outside of Puget Sound during the month of February, Brad
The ship stayed with J pod and its two new babies as they moved
around in the general area of Texada Island. Then last Sunday the
satellite tag came off J-27, as it was designed to do after a
period of time. Hanson was pleased that the tag had stayed on so
long, allowing researchers to track six weeks of travels by J pod,
which had never been tracked that extensively before.
Together with tracking data from 2012 and 2014, this year’s work
helps to characterize the movements of J pod, according to
notes from the cruise:
“Collectively, these data indicate only limited use of the outer
coastal waters by J pod. In 2014 NMFS was petitioned to designate
Critical Habitat on the outer coastal waters of Washington, Oregon,
and California. The data used for this petition was derived from
only one sample — the range of K25 during the January to March 2013
satellite tag deployment. Consequently, potential variability
between pods and between years has led to making tagging a whale
from L pod a high priority.”
Prompted by a sighting of K and L pods off Sooke, B.C., at the
south end of Vancouver Island, the research ship headed into the
Strait of Juan de Fuca and intercepted the two pods Monday
afternoon near the entrance to the Strait. The ship tracked the
whales acoustically through the night with its hydrophone
The next day, the crew took to the water in its small boat and
attached a satellite tag to L-84, a 25-year-old male named Nyssa.
The researchers also were able to collect some scales from fish
that the whales had eaten. Leaving the Strait of Juan de Fuca, K
and L pods turned south after entering the Pacific Ocean. Again,
from the cruise notes:
“By being able to deploy a tag on L pod while on our cruise on
the Bell M. Shimada, we have the unique opportunity to now be able
to follow the whales each day (and potentially at night) and
collect prey and fecal samples as well as other data about their
environment this time of the year.
“While we know that K and L pods sometimes co-occur in the
winter, this will potentially be an opportunity to see the degree
to which they remain together. We are off to an exciting start —
four prey samples yesterday (Tuesday) and four fecal samples today
(Wednesday) while the whales transited from near Cape Ozette … to
near Willipa Bay.”
By tracking the Shimada on the Marine Traffic website,
I understand that the whales paused outside of Grays Harbor and
again near the mouth of the Columbia River. As if this afternoon,
they had moved south of Tillamook Bay and Cape Meares in Oregon and
were continuing on south.
Meanwhile, J pod apparently remains in the Salish Sea, which
includes inland waterways on both sides of the U.S.-Canada border.
As of yesterday, the pod was seen in Active Pass in the Gulf
Islands of British Columbia, north of Washington’s San Juan
Both of the new calves in J pod — J-50 and J-51 — seem to be
doing fine, according to naturalist Heather MacIntyre, quoted in
San Juan Islander. J-50, a female, was born just days before
the end of the year, while J-51, gender unknown, was born about two
Another newborn orca in J pod was reported this evening by the
Center for Whale Research, adding a touch of optimism for the
endangered Southern Resident killer whales.
This morning, researcher Dave Ellifrit and volunteer Jeanne Hyde
heard calls from J pod picked up on a hydrophone on the west side
of San Juan Island. The went out in the center’s research vessel to
observe the whales at a “respectful distance,” according to a
That’s when they spotted the new orca calf, designated J-51,
which was being attended by the presumed mother, J-19, a
36-year-old female named Shachi. Also nearby was Shachi’s
10-year-old daughter, J-41, named Eclipse.
“The newest baby appears healthy,” according to the observers,
who said the whale appeared to be about a week old.
For the past two weeks, J pod has been in and out of the Strait
of Juan de Fuca, but ventured farther into the inland waters this
morning. The observers also spotted J-50, the young calf born the
last week of December, who was with her family.
Naturalist Traci Walter posted a new video
on YouTube showing both the new J pod calves.
“Today was pretty amazing to be out there with J pod,” Traci
commented on her YouTube page. “We knew of the new calf J50 that
was first sighted December 30, 2014. Today was the first day J51
was seen! Enjoy the footage! Please note, this footage was taken
with a 600 mm zoom lens while abiding by whale watch regulations.
The new calf brings the number of whales in J pod to 26, with 19
in K pod and 34 in L pod.
Meanwhile, the NOAA research vessel Bell M. Shimada continued on
its way into Puget Sound on its annual cruise to observe the
Southern Residents. The ship was passing Port Angeles about 11 p.m.
tonight. For background, see
Tuesday’s Water Ways blog.
A team of marine mammal biologists and other researchers will
set out tomorrow morning on a 21-day cruise to study Southern
Resident killer whales from aboard the 209-foot Bell M. Shimada
The researchers are fortunate that a satellite tag is still
attached to J-27 and remains operable, making it possible to locate
J pod without searching far and wide.
“We’re real excited and very interested to see what they’re
hitting out there,” Brad Hanson told me today as he prepared the
NOAA research vessel for its departure from Newport, Ore. Brad, a
researcher with NOAA’s Northwest Fisheries Science Center, is
leading the research team on its annual winter cruise along the
Learning what the orcas are eating in the winter remains a major
goal of the researchers. The ship also is equipped to study the
general oceanography and biological conditions where the whales are
choosing to spend their time.
Brad is also interested in checking on the newest member of J
pod, J-50, now 6 weeks old. The young calf appears to be the
daughter of J-16, a 43-year-old female named Slick, but there
remains some lingering doubt. (Review
Water Ways from Jan. 22.)
J pod, one of the three Southern Resident pods, has been
spending a lot of time lately in and around the entrance to the
Strait of Juan de Fuca. The pod made one excursion out beyond the
edge of the continental shelf on Friday, then followed the slope
for more than a full day before turning back toward Vancouver
Island and arriving back in the Strait on Sunday. Check out the map
at the bottom of this page for their path.
This was the longest time that J pod has been tracked so far out
in the ocean, Brad said. When K pod was being tracked by satellite,
the whales once traveled out to the edge of the continental shelf
but stayed only a day.
The Shimada will spend about a day and a half traveling from
Newport up to the Strait of Juan de Fuca. Brad said he would not be
surprised to spot K pod or L pod on the way up the coast, although
their locations are currently unknown.
What will be learned on the 21-day cruise is unpredictable, Brad
said. The weather often determines the success of observations and
operations. The Shimada is well equipped for ocean conditions, but
seas are an important factor in getting good work done. One could
see a big difference in the Strait of Juan de Fuca versus the open
ocean, while the entrance to the Strait is often associated with a
“toilet bowl effect” — an unpredictable mixture of waves and
“What we are trying to do is characterize the habitat in which
the whales are living,” Brad explained. “We will look for what is
unique or unusual, whether there are areas of high productivity and
other top predators, such as seabirds.”
As he gets time, Brad plans to post observations on
NOAA’s blog related to the killer whale tagging project, and I
will try to report interesting developments as well.
Lolita, the Puget Sound orca kept for 44 years at Miami
Seaquarium, has been declared a member of the endangered population
of Southern Resident killer whales.
Advocates for Lolita’s “retirement” and possible release back to
her family say the action by NOAA Fisheries is a key step in the
effort to free the 48-year-old whale. The next step would be a
lawsuit filed under the Endangered Species Act, and advocates say
they are prepared for that eventuality.
A news release issued today by
NOAA Fisheries plays down the effect of listing Lolita among
the endangered orcas:
“While Lolita will now share the endangered listing status of
the population she came from, the decision does not impact her
residence at the Miami Seaquarium. Lolita is a killer whale that
has resided at the Miami Seaquarium since 1970.”
The original listing created an exemption for captive killer
whales, an exemption that was challenged in a petition filed in
2013 by People for the Ethical Treatment of Animals (PETA).
“NOAA Fisheries considered the petition and concluded that
captive animals such as Lolita cannot be assigned separate legal
status from their wild counterparts.”
NOAA received nearly
20,000 comments on the proposal to list Lolita as endangered,
and many expressed hope that Lolita would be returned to her home.
But that would go against the wishes of Miami Seaquarium, which
does not plan to give her up.
“Lolita has been part of the Miami Seaquarium family for 44
years. Just because she was listed as part of the Endangered
Species Act does not mean that she is going anywhere. Lolita is
healthy and thriving in her home where she shares her habitat with
Pacific white-sided dolphins. There is no scientific evidence that
the 49-year-old post-reproductive Lolita could survive in a sea pen
or the open waters of the Pacific Northwest and we are not willing
to treat her life as an experiment.”
As stated by NOAA Fisheries in the news release:
“While issues concerning release into the wild are not related
to this Endangered Species Act listing decision, any future plan to
move or release Lolita would require a permit from NOAA Fisheries
and would undergo rigorous scientific review.
“Releasing a whale which has spent most of its life in captivity
raises many concerns that would need to be carefully addressed.
These concerns include disease transmission, the ability of
released animals to adequately find food, difficulty in social
integration, and that behavioral patterns developed in captivity
could impact wild animals.
“Previous attempts to release captive killer whales and dolphins
have often been unsuccessful, and some have ended tragically with
the death of the released animal.”
Howard Garrett of Orca Network, a longtime advocate for
returning Lolita to Puget Sound, said he expects that concerns
raised by the agency can be overcome, as they were with Keiko
(“Free Willy”). Following Keiko’s movie career and a fund-raising
campaign, the killer whale was returned to his home in Iceland and
learned to feed himself. Still, it seemed he never fully integrated
with wild whales that he encountered, and nobody knows if he ever
found his family. Keiko died of apparent pneumonia about two years
after his release.
Howie insists that the situation with Lolita is entirely
different, since we can identify her family, including her mother,
L-25, named Ocean Sun. The mom is estimated to be 87 years old and
still doing fine.
Plans have been developed to bring Lolita to a sea pen in Puget
Sound, providing care and companionship, such as she gets now.
Then, if she could integrate with L pod, release would be a likely
option. In any case, Lolita would have much more room to move
about, Howie says.
Getting Lolita listed as endangered is important, he said,
because she will be covered by the Endangered Species Act, which
makes it illegal to harm or harass a listed species. A court would
need to decide whether confinement in a small tank constitutes harm
or harassment, he said, but some evidence is provided by the 40 or
so orcas taken from Puget Sound that died well before their
The decision is certain to spur on the debate about whether the
killer whale would be better off living out her life in
now-familiar surroundings or giving her a taste of freedom with the
risks that come with moving her to open waters.
Howie has been working with PETA attorney Jared Goodman on a
potential lawsuit against Miami Seaquarium to improve conditions
“We are prepared to do whatever is necessary to ensure that her
newly granted protections are enforced,” Jared told me. “I cannot
speak specifically about what PETA will do next.”
Jared said he needs to know whether NOAA Fisheries will take any
enforcement action before he proceeds with a “citizens lawsuit”
under the ESA.
Talk of Lolita’s release into the wild is premature, he said.
The goal is to transfer her back to her original home in the San
Juan Islands and place her in a large protected pen. Only after
determining that release is in her best interest would that idea be
furthered and developed into an action plan.
Meanwhile, PETA is preparing for oral arguments in March before
the 11th Circuit Court of Appeals on another case involving Lolita.
The organization, along with the Animal Legal Defense Fund,
contends that conditions in the Miami Seaquarium constitute abuse
under the federal Animal Welfare Act. The specific conditions at
issue are the size of her tank, her ongoing exposure to sun and her
lack of animal companionship.
A lower court ruled that the U.S. Department of Agriculture has
discretion to determine what constitutes acceptable conditions,
despite written guidelines, when granting permits to zoos and
Howard Garrett addressed the issue of abuse in a news release
“Our society doesn’t like animal abuse, and the more we learn
about orcas the less we can tolerate seeing them locked up as
circus acts. The legal initiatives that led to this ruling have
been brilliant and effective, as the mood of the country shifts
from acceptance to rejection of captive orca entertainment
enterprises. Things that seemed impossible a year ago seem doable
Today’s determination was not a surprise, as I addressed the
logic of the federal listing when it was proposed a year ago. My
Water Ways on Jan. 28 includes links to previous discussions