Tag Archives: killer whales

Orca hormones linking pregnancies to prey will go into medical files

Hormones found in the feces of killer whales are providing unique insights about the health of Southern Resident orcas — including pregnancy status and stress levels. Fortunately, such information can be gathered with little disturbance to the animals.

Tucker, a Labrador retriever mix, has a keen ability to track down killer whale feces, which contains trace levels of hormones and toxic chemicals. // Photo: Kelley Balcomb-Bartok

The latest information about hormones will soon be incorporated into a new health-status database with individual medical reports being compiled for each whale in the Southern Resident population.

A recently published study confirms hormonally what researchers have observed for years, that when the whales’ primary food supply — chinook salmon — is plentiful, the number of newborn calves goes up. Conversely, when the food supply is low, population growth seems to stall out or go down.

Now, thanks to the new hormonal report, we are learning that nearly two-thirds of the pregnancies among Southern Resident killer whales end in miscarriages. And, of those miscarriages, about one-third take place during the last stage of pregnancy — something highly unusual for mammals.

We are also learning that nutritional stress — caused by low food supplies — can be linked to the success or failure of the pregnancies, thanks to ongoing studies by a research team led by Sam Wasser, a University of Washington professor and director of the Center for Conservation Biology. Information about nutritional stress comes from fecal samples collected with the help of Tucker, a poop-sniffing dog who follows the whales in a boat.

I reported on Sam’s findings nearly a year ago for the Encyclopedia of Puget Sound after he presented the results during the Salish Sea Ecosystem Conference in Vancouver, B.C. His findings were published 10 days ago in the online journal PLOS One.

The hormonal information has been collected along with DNA samples from a growing number of Southern Residents, providing key information about the health of individuals as well as the overall status of the population.

Sam’s data will be included in a database being compiled to provide as much medical information as possible about each of the killer whales. I first reported details about the database in Water Ways on March 29, 2016. As mentioned in the blog, the medical files could be valuable in helping the whales throughout their range or even intervening when an animal goes into a health emergency.

General observations could be put into the database along with:

  • Fecal samples, including levels of various hormones;
  • Breath samples, including the types of bacteria harbored by individual killer whales;
  • Observations of skin conditions;
  • Photos taken from boats and from the air to show body conditions, including evidence of malnutrition or possible pregnancy; and
  • Blubber samples for some whales, including DNA fingerprints and other health conditions.

Joe Gaydos of SeaDoc Society, who is helping coordinate the database, told me that the project is finally getting off the ground this summer with formulation of the database structure. Commitments are coming together from those who can contribute information, including observations as soon as they are collected by researchers — including those with the Center for Whale Research and NOAA’s Northwest Fisheries Science Center.

A memorandum of understanding has been drafted to allow various researchers who submit information to have access to the data but limit access only to specified groups, Joe said. A governing body will oversee creation and use of the database. So far, information is being submitted on a “good-faith handshake.”

At least two research reports are being planned to prove the value of the database and build support for funding. One could be a paper that puts together information about skin diseases observed in the Southern Residents, mainly compiled by the Center for Whale Research.

Another report could look at the relationship between contaminants and pregnancy, including information collected by Sam Wasser.

“We are where we wanted to be a year ago, actively updating data,” Joe admitted to me, adding that things are now coming together more rapidly.

More information:

The latest report on orca pregnancy and nutritional stress is described in UW Today.

News stories were published by the Seattle Times as well as The Associated Press.

Previous work by Sam Wasser’s associate Katherine Ayres focuses on stresses caused by lack of food and boating activities. See PLOS One, June 6, 2012, or review the summary in UW Today.

Erlands Point family thrilled during orca encounter in Dyes Inlet

It was the thrill of a lifetime when a group of killer whales headed directly toward the Johnson family sitting in their boat on Dyes Inlet. The screams of delight leave no doubt, as you can see and hear from one of the best orca videos I’ve viewed in quite a while.

It was Wednesday evening this week, and the Johnsons had just put their 23-foot runabout in the water for the first time this summer. The family lives on Erlands Point in Dyes Inlet, and it seemed like a good idea to drive the boat over to the Bremerton Marina for dinner at Bremerton Bar and Grill, Julie Johnson told me.

On the way home, the boat was passing under the Manette Bridge when the group spotted the orcas. Aboard the boat were nine people: Julie and her husband Dr. Jerrold Johnson, their five kids, a nephew and a friend.

The boat passed the whales at a safe distance, Julie told me, then the boat slowed to a stop and the motor was turned off.

“They were coming in our direction, and then they turned and started coming right at us,” Julie recalled. “It was a little intimidating.”

Just before the whales reached the boat, they turned sharply and crossed behind the stern.

“It was a once-in-a-lifetime experience,” she said. “We all came home filled with excitement. We felt very lucky.”

Interestingly, the couple recently took a cruise in Alaska, thinking they would see killer whales. The only sighting was a group of whales far off in the distance.

As for Wednesday night, the boats on Dyes Inlet seemed to be keeping a safe distance from the whales, Julie said.

On Thursday, reports of boat traffic around the orcas were mixed, and Susan Berta of Orca Network said she received some emails with photos of boats that may have been violating the law. She forwarded the photos to federal law enforcement officers.

Federal law requires boaters to stay 200 yards to the sides of killer whales and more than 400 yards to the front.
Graphic: Be Whale Wise

“We kept getting complaints,” Susan said. “It is hard to tell from photos. One showed a boat that may have been close but was stopped. Some cases involved speedboats under full power following the whales and paralleling them close. It’s always hard to tell distances.”

When people are watching from shore, it is especially hard to tell how close the boats are to the whales, Susan said. It may look like boats are swarming around the whales when they may be at a safe distance.

People who have concerns about boater behavior can file a report directly by filling out a form on the Be Whale Wise website. The form goes to enforcement officers for NOAA Fisheries. One can also call the toll-free hotline, (800) 853-1964.

Federal regulations prohibit boat operators from approaching killer whales closer than 200 yards or to position a vessel in the path of a killer whale within 400 yards. A chart explaining the rules (PDF 8 mb) can be downloaded from the Be Whale Wise website.

The whales in Dyes Inlet this week were identified as marine-mammal-eating transient killer whales, probably part of a group of 30 to 50 transients spread around Puget Sound and the San Juan Islands starting on Tuesday, the Fourth of July.

The orcas in Puget Sound appeared to be at least four different family groups, according to Alisa Lemire Brooks, whale sighting coordinator for Orca Network. At least half a dozen orcas came into Dyes Inlet on Wednesday, she said, including an older female (T-36) and her daughter (T-36-B) plus the offspring of her daughter. Other identifications will probably come later. Yesterday, another group (the T99s) were seen among the whales.

When whales come into Dyes Inlet, good viewing locations from shore include Bremerton’s Lions Park when they are coming in or going out. If they stay around, you may be able to spot them from Tracyton or Chico boat launches or from Silverdale Waterfront Park.

Amusing Monday: All sorts of animals can be viewed live online

Millions of people watched and waited online for April the giraffe to give birth at Animal Adventure Park near Harpursville, N.Y. — although I am not sure how many were viewing live at the moment of birth. Of course, it is now recorded on YouTube for anyone to see.

As of yesterday, zoo officials announced on Facebook that a new camera will be installed to allow occasional viewing at times to be announced. For a $5 subscription, you can sign up for text alerts about the baby. This has become a real money-maker for the zoo. Frankly, I’m amazed at the level of interest, but it will probably decline now that the baby has arrived.

Each spring, I post an Amusing Monday piece showing where to find some of the best critter cams around the world. I’m pleased to report an ever-expanding number of cameras, not only those in zoos and aquariums but also those in outdoor locations where wildlife experts can study animals without disturbing them. Because of the Internet, we are able to essentially look over the shoulders of researchers and even watch the animals when official observers are not around.

Explore.org, a division of the Annenberg Foundation, is becoming the go-to website for connecting people live with animals via webcams. As I write this, the number of live video feeds listed on the website totals 65, although the number changes frequently as a result of shifts in animal activity as well as technical issues. Scroll down below the video player for text messaging related to each camera for interactions between video operators and online observers.

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Thoughts run to an orca called Granny and her clan of five generations

Looking back on the various comments that followed the death of the killer whale named Granny, I realized that there were a couple of thought-provoking tributes that I never shared with readers of this blog.

Granny, designated J-2, was believed to be more than 100 years old, and she was the obvious leader for many of the Southern Resident orcas that frequent Puget Sound. Granny went missing last fall and was reported deceased at the end of the year by the Center for Whale Research. See Water Ways, Dec. 30.

Some tributes to Granny were written and posted soon after her death notice, including one by Ken Balcomb of the Center for Whale Research. I posted my thoughts along with some others in Water Ways on Jan. 4.

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Death toll for 2016 includes six orcas
from the Salish Sea

UPDATE, Jan. 2
The Center for Whale Research has announced that J-2, known as “Granny,” has apparently died. The oldest orca among the three Southern Resident pods, Granny was one of the first Southern Residents identified when Ken Balcomb began his Orca Survey in 1976. At the time, she was estimated to be at least 45 years old and probably in her 70s, putting her likely age at more than 100. Ken’s tribute to Granny can be read on the Center for Whale Research website. More to come.
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When it comes to the killer whales that frequent Puget Sound, a year can make all the difference in the world. Last year at this time, we were celebrating a remarkable baby boom — eight new orca calves over the previous 12 months. See Water Ways, Dec. 16, 2015.

J-34, named DoubleStuf, with Mount Baker in the background. Photo taken last February before his death this month. Photo: Dave Ellifrit, Center for Whale Research
J-34, named DoubleStuf, swimming last February with Mount Baker in the background. The 18-year-old male died this month.
Photo: Dave Ellifrit, Center for Whale Research

Another new baby was added in January of this year, for a total of nine. But if 2015 was the boom year, then 2016 turned out to be a major bust, with six orca deaths recorded during the calendar year.

The latest death among the Southern Residents was J-34, an 18-year-old male named DoubleStuf. He was found dead floating near Sechelt, B.C., northwest of Vancouver, on Dec. 20. Check out the tribute and wonderful photos on Orca Network’s webpage.

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Humpback whales intervene in orca attacks against other species

Humpback whales have been making the news for their organized “rescues” — seemingly heroic efforts in which the humpbacks have intervened in attacks by killer whales against other marine mammals.

Humpback whales come to the rescue of a Steller sea lion near Victoria, B.C. Photo: Alethea Leddy, Port Angeles Whale Watch Co.
Humpback whales come to the rescue of a Steller sea lion near Victoria, B.C. // Photo: Alethea Leddy, Port Angeles Whale Watch Co.

The humpbacks have not only protected their own calves but they have gone well out of their way to protect gray whales, minke whales, Dall’s porpoises, Steller sea lions, California sea lions, Weddell seals, crabeater seals, harbor seals, northern elephant seals and even ocean sunfish, according to researchers.

The latest incident, in which humpbacks reportedly intervened in a killer whale attack on a Steller sea lion, is said to be the first reported incident in the Salish Sea. The incident took place last week off Sooke, BC, about 20 miles west of Victoria.

“What we witnessed was pure aggression,” Capt. Russ Nicks of BC Whale Watch Tours of Victoria said in a news release from Pacific Whale Watch Association. “We had four humpbacks trumpeting, rolling on their sides, flukes up in the air multiple times.

“The killer whales split many times into two groups, with one that appeared to try to draw the humpbacks away from the sea lion. The other group would go in for the attack while the humpbacks were safely away – but then they’d get in the middle of it again, fighting the orcas off. It was amazing to watch.”

These killer whales were of the transient variety, a subspecies of killer whales that eats marine mammals, as opposed to the resident orcas that each fish.

The same attack and rescue was viewed by naturalist Alethea Leddy of Port Angeles Whale Watch Company, as reported in the news release:

“We got there in time to see some crazy surface activity, with humpback whales splashing in the distance along with orcas. Then two humpbacks surfaced next to us trumpeting, and the next thing we know there were four humpbacks, possibly six, all defending the sea lion.

“The water boiled all around as the orcas tried to separate the sea lion from the humpbacks. It was a wild scene, with the humpbacks even circling the sea lion trying to keep him safe while he frantically struggled to get his breath.

“The anxiety of the humpbacks was palpable, and they took turns diving and slashing at the orcas. This life-and-death drama went on and on until the four transient orcas, known as the T100 family, moved off in the distance. As they did, we saw the sea lion appear next to the humpbacks being guarded and escorted in the opposite direction.

“This was an unbelievable encounter. Hats off to our courageous humpbacks and best wishes to our little Steller sea lion, survivor for another day!”

In July, 14 marine mammal experts reported on 115 apparent rescue efforts by humpback whales during what appeared to be killer whale attacks on other species of marine mammals. Their report appeared in the journal Marine Mammal Science.

Reasons for these rescue efforts are open to much speculation, but the researchers noted that evidence is mounting in favor of a belief that killer whales that eat marine mammals, called MEKW, attack young humpback whales more often than commonly reported.

“Clearly, MEKW predation, even if rarely observed and targeting mainly calves and subadults, represents a threat to humpbacks that is persistent, widespread, and perhaps increasing,” the report states. “As such, humpbacks could be expected to show some specific anti-predator behaviors, and indeed some have been suggested. Ford and Reeves (2008) summarized the defensive capabilities of baleen whales faced with killer whale attack, and they identified two general categories of response.

“Balaenopterid rorquals (including fin whales and minke whales) use their high speed and hydrodynamic body shape to outrun killer whales and were classified as flight species. The generally more rotund and slower-swimming species — right whales, bowhead whales, gray whales and humpback whales — apparently rely on their bulk and powerful, oversized appendages (tail and flippers) to ward off attackers. This group was categorized as fight species.”

Of course, it is one thing for the humpbacks and other baleen whales to take a defensive posture. It is quite another thing for them to go after killer whales when another species of marine mammal is under attack.

In the report, humpbacks initiated encounters with MEKWs 58 percent of the time, while the killer whales initiated contact 42 percent of the time — at least for those cases when the killer whale ecotype could be identified as marine mammals eaters. On a few occasions when known fish-eating killer whales were involved, the encounter was relatively benign, the researchers said.

The video, shot by BBC filmmakers, show a pair of humpback whales attempting to prevent a group of orcas from killing a gray whale calf. In this case, the effort was unsuccessful.

When humpbacks went to the rescue of other marine mammals, it appears that the rescuers were generally a mixture of males and females, according to the report. Humpback postures, whether attacking or defending, involved slapping their flukes on the surface, slashing from side to side, bellowing, persuing and flipper slapping. The length of battles reported ranged from 15 minutes to seven hours. In the end, the prey that was at the center of the battles was killed 83 percent of the time — at least for those cases when the outcome was known.

“The humpback whale is, to our knowledge, the only cetacean that deliberately approaches attacking MEKWs and can drive them off, although southern right whales may also group together to fend off MEKWs attacking other right whales,” the researchers stated, adding that humpbacks’ powerful flippers covered in sharp barnacles can shred the flesh of their opponents.

When in hunting mode, transient killer whales are generally silent, not making much noise. Once an attack begins, they become more vocal, perhaps to coordinate the attack. It appears that humpbacks respond to killer whale vocalizations from distances well out of sight of the attack.

The reasons the humpbacks would get in a fight with killer whales to save another species are listed in three categories:

  • Kin selection: Protecting an offspring or closely related animal.
  • Reciprocity: Protecting unrelated animals, generally as part of a social organization.
  • Altruism: Benefitting another animal at some cost to the one taking action.

It is possible, the researchers conclude, that humpbacks could be improving their individual and group fitness to fend off attacks against their own by protecting other species. One idea is that the killer whales may think twice about attacking a humpback of any age.

“We suggest,” they write, “that humpbacks providing benefits to other potential prey species, even if unintentional, could be a focus of future research into possible genetic or cultural drivers of interspecific altruism.”

One orca is missing and presumed dead; another reported as ‘super-gaunt’

I have some bleak news to share about our Southern Resident killer whales, which normally frequent Puget Sound at this time of year.

J-14 seen earlier this year in Puget Sound. Photo: Center for Whale Research
J-14 seen earlier this year in Puget Sound.
Photo: Dave Ellifrit, Center for Whale Research,
taken under federal permits NMFS 15569/ DFO SARA 388

J-14, a 42-year-old female named Samish, has gone missing and is presumed dead, while J-28, a 23-year-old orca mom named Polaris, may be living out her final days.

“Things are shaping up to be pretty bad,” said Ken Balcomb of the Center for Whale Research, who keeps tabs on the orca population. “J-28 is looking super-gaunt, and I would say she is within days of her death.”

The saddest part of my conversation with Ken this morning was to hear him say that Polaris’ 7-month-old calf would become an orphan and probably will not survive without his mother. That’s the typical outcome for an orphan of that age, Ken said, although there is a chance that the young male will be adopted by his grandmother.

The calf, J-54, is still nursing, but he is close to weaning, Ken noted. He is the newest calf born into the three Southern Resident pods and is part of the “baby boom” of nine orcas born between December 2014 and December 2015. So far, only one of those calves, J-55, has died.

After my conversation with Ken, the Center for Whale Research posted a news release about the death of Samish. Orca observers on the water have known that she was missing for some time now.

As of today, J pod was on its way out through the Strait of Juan de Fuca, no doubt searching for food. The chinook salmon run has been very low this summer.

“Historically, at this time of year, we would see nice little bunches (of orcas) swimming back and forth in front of the house,” said Ken, who lives on the west side of San Juan Island. But this year, the whales have broken up into small family groups and are traveling around in seemingly random patterns, presumably in search of whatever salmon they can find.

“Even the fishermen aren’t getting much this year,” Ken said.

To gauge a killer whale’s condition, researchers consider the overall shape of its body. Without adequate fish — primarily chinook salmon — an orca grows thinner as the body fat declines. As conditions grow worse, a depression develops behind the blow hole. This sunken condition — which Polaris has developed — is called “peanut head.” So far, none of the other animals have been observed in such a dire condition.

I’ve often been told by medical experts that when a killer whale loses weight it can be a sign of a major problem, such as a disease that makes them incapable of hunting to their normal ability. But a shortage of food can exacerbate the condition.

“We have been telling the government for years that salmon recovery is essential for whale recovery,” Ken said.

He blames the salmon decline on longtime mismanagement of wild salmon stocks — including damage to habitat, over-fishing and excess hatchery stocks in both Canada and the U.S. One of the quickest ways to increase the chinook population for these whales is to take out the Snake River dams, he said.

Rebuilding salmon runs on the Elwha River will help, Ken said, but the number of fish is small compared to the potential of the Snake River, which flows into the Columbia and produces salmon that can be caught in the ocean.

“I’m trying to get the marine mammal people to talk to the salmon people,” Ken said. “Fish have been a political problem for a long time, and we are not solving the salmon issue.”

Money spent on law enforcement to make sure whale watchers don’t get too close to the orcas would be better spent on education — specifically on educating lawmakers about the needs of salmon and killer whales, he quipped.

As of July 1 — the date of the annual orca census — the population of the three Southern Resident pods stood at 83. That’s the number that will be reported to the federal government. Since then, Samish has gone missing, so the ongoing count falls to 82, pending the status of Polaris and her son.

Samish was considered part of the J-2 (“Granny”) family group. Her living offspring are Hy’shqa (J-37), Suttles (J-40) and Se-Yi’-Chn (J-45). Samish was the grandmother to Hy-Shqa’s 4-year-old son T’ilem I’nges.

Polaris is the first offspring of Princess Angeline (J-17), who is still living. Her first offspring, a female named Star (J-46), is now 7 years old. J-54 is her second offspring.

Hormonal studies link orca miscarriages to low chinook salmon runs

An orca mother named Calypso (L-94) nurses her young calf in this high-resolution photo
An orca mother named Calypso (L-94) nurses her young calf in this high-resolution photo taken from a drone. Lactation takes an energetic toll on orca moms. Future images may reveal whether Calypso is getting enough food to support herself and her calf.
Photo: NOAA Fisheries, Vancouver Aquarium, under NMFS permit and FAA flight authorization.

It is fairly well known that the three pods of killer whales that frequent Puget Sound are listed as endangered under the Endangered Species Act. It is also well known that their primary prey — chinook salmon — are listed as threatened.

It can’t be good that the whales are struggling to find enough to eat, but we are just beginning to learn that the situation could be dire for orca females who become pregnant and need to support a growing fetus during times of a food shortage.

Sam Wasser, a researcher known for figuring out an animal’s condition from fecal samples, recently reported that about two-thirds of all orca pregnancies end in miscarriage. And of those miscarriages, nearly one-third take place during the last stage of pregnancy — a dangerous situation for the pregnant female.

In a story published today in the Encyclopedia of Puget Sound, I report on Sam’s latest studies, along with other work by a team of biologists who are using unmanned aircraft (drones) to keep track of the physical condition of the Southern Resident orcas, including pregnant moms.

Sam’s latest study involves measuring hormones in killer whales, which can tell us a lot about a whale’s condition. The story of how hormones change under varying conditions is a little complicated, but I hope I was able to explain in my article how this works. When adding the effects of toxic chemicals that mimic hormones, we begin to understand the conditions that may be critical to the whales’ long-term survival or their ultimate extinction.

One longtime assumption, which may be shot down by the hormone studies, is that the whales’ most difficult time for food comes in winter, when salmon are generally scarce. These new studies by Sam and his colleagues suggest that the greatest problem comes in the spring, when the whales return to Puget Sound to discover that spring runs of chinook salmon can no longer be found — at least not in significant numbers.

The work with a drone carrying a high-resolution camera is providing precise measurements about the length and width of each killer whale. Pregnant females are especially interesting, and it will be important to document whether physical changes observed in the drone study can be correlated with hormonal changes seen in the other study.

“We’ve moved toward some great sophisticated technology,” Lynne Barre told me. “These great technologies combined can tell us more than any one method can … such as when and where food limitations might be affecting their health and reproduction.”

Lynne heads NOAA’s Protected Resources Division in Seattle and oversees recovery efforts for the endangered Southern Residents.

By the end of this year, NOAA is expected to release its five-year status report on the Southern Resident orcas. In addition to reporting on many new findings, the document will re-examine the risk of extinction for these killer whales and consider whether actions proposed to help them have been carried out.

Last year, the Southern Residents were listed among eight endangered species across the country that are headed for extinction unless recovery actions can be successful. The eight, selected in part because of their high profiles, are known as “Species in the Spotlight.” In February, five-year action plans were released for all eight species.

The plan called “Priority Actions for Southern Resident Killer Whales” (PDF 2 mb) focuses on three primary factors affecting the whales’ survival: a shortage of food, high levels of toxic chemicals and effects of vessels and noise. The concise 15-page document describes some of the work being carried out on behalf of the whales, although new ideas are coming forth all the time.

Endangered Species Act can’t help Lolita, judge says in legal ruling

When Lolita, a female orca held captive since 1970, was listed among the endangered population of Southern Resident killer whales, advocates for Lolita’s release were given new hope. Perhaps the listing would help Lolita obtain a ticket out of Miami Seaquarium, where she has lived since the age of 5.

Lolita has lived in a tank at Miami's Seaquarium since age 5. Photo courtesy of Orca Network
Lolita has lived at Miami’s Seaquarium since age 5.
Photo courtesy of Orca Network

But a U.S. district judge ruled last week that the Endangered Species Act could not help her. While the federal law prohibits human conduct likely to “gravely threaten the life of a member of a protected species,” it cannot be used to improve her living conditions, according to the ruling (PDF 3.3 mb) by Judge Ursula Ungaro in the Southern District of Florida.

“We very much disagree with the decision, and we will be appealing it,” said attorney Jared Goodwin, who represents the plaintiffs — including the People for the Ethical Treatment of Animals (PETA), the Animal Legal Defense Fund and Orca Network.

Over the objections of attorneys for Miami Seaquarium, the judge said the plaintiffs have a right to sue the aquarium, but Lolita’s care and well-being falls under a different law: the Animal Welfare Act.

The judge noted that the National Marine Fisheries Service, which is responsible for marine species under the ESA, had previously stated that keeping threatened or endangered species in captivity is not a violation of the ESA. NMFS also deferred enforcement activities to the Animal and Plant Health Inspection Service, a division of the U.S. Department of Agriculture.

While the ESA prohibits listed species from being “harassed,” Judge Ungaro said the term takes on a different meaning for animals held in captivity, since the law is designed to conserve species in the wild along with their ecosystems.

The judge took note of the complaints about Lolita’s living conditions, including the small size of her tank, harassment by white-sided dolphins that live with her and the lack of shade or other protection from the weather. But those aren’t conditions to be judged under the ESA, she said.

“Thus, while in a literal sense the conditions and injuries of which plaintiffs complain are within the ambit of the ordinary meaning of ‘harm’ and ‘harass,’ it cannot be said that they rise to the level of grave harm that is required to constitute a ‘take’ by a licensed exhibitor under the ESA,” she wrote.

Judge Ungaro also cited statements made by NMFS in response to comments from people who want to see Lolita released into a sea pen or possibly into open waters. Such a release, “could itself constitute a ‘take’ under Section 9(a)(1) of the act,” she said, quoting NMFS.

“The NMFS noted concerns arising from disease transmission between captive and wild stocks; the ability of released animals to adequately forage for themselves; and behavioral patterns developed in captivity impeding social integration and affecting the social behavior of wild animals,” the judge wrote.

Jared Goodman, the plaintiffs’ attorney, said the judge needlessly applied a separate definition of “harassment” to captive versus wild animals. Conditions at the aquarium are clearly harassment for Lolita, he said, and the Endangered Species Act should provide the needed protection.

The Animal Welfare Act, which should require humane treatment for captive animals, is long out of date and needs to be revised based on current knowledge about marine mammals, he said.

The same plaintiffs filed a new lawsuit in May against the Department of Agriculture for issuing a new operating license to Miami Seaquarium without adequately considering the conditions in which Lolita is being kept. Previously, a court ruled that the Animal and Plant Health Inspection Service acted properly when it renewed the license for Miami Seaquarium each year, because the law does not require an inspection for an ongoing permit.

That is not the case with a new license, which was required when the Miami Seaquarium came under new ownership as the result of a stock merger in 2014, according to the lawsuit. Federal inspectors should have reviewed the legal requirements to certify that Lolita’s tank and other facilities met the standards before issuing a new license, Jared said. According to documents he obtained through public disclosure requests, it appears that the federal agency simply “rubber-stamped” its previous approvals, he said, adding that a formal review would show that the aquarium in violation of animal welfare rules.

As the legal battles go on, it is difficult to see how Lolita is any closer to being “retired” to a sea pen in Puget Sound where she was born, although Howard Garrett of Orca Network and other supporters have developed a plan for Lolita’s return and even have a specific site picked out. See “Proposal to Retire the Orca Lolita.” (PDF 3.5 mb).

Meanwhile, with SeaWorld’s announcement that it will no longer breed killer whales or force orcas to perform for an audience, a new group called The Whale Sanctuary Project is looking for sites to relocate whales and dolphins that might be released. The project has received a pledge of at least $1 million from Munchkin, Inc., a baby product company. For details, check out the group’s website and a press release announcing the effort. I should point out that SeaWorld officials say they won’t release any animals.

Previous “Water Ways” blog entries:

Orca Awareness Month includes many activities

June is Orca Awareness Month in the Salish Sea. And, as we’ve seen in recent years, the Southern Resident killer whales are not around to help kick off the month-long celebration.

Logo

J pod, one of the three Southern Resident pods, typically moves in and out of Puget Sound through the winter and into spring, but none of the whales have been seen in inland waters since May 18, according to Orca Network. On May 24, the same groups were seen off the West Coast of Vancouver Island.

Let’s hope they are finding plenty to eat, then come home to the San Juan Islands in time for Orca Sing at Lime Kiln State Park on June 25, when people will gather to serenade them. Meanwhile, plenty of other events will be held during Orca Awareness Month.

Another annual event, planned for this Saturday, is EcoFest, which has been revamped this year as a more active festival, rather than a lineup of information booths. Organizers are calling the event in Kingston “a community science and nature festival.”

EcoFest

A nature walk followed by tips on bird watching, solar power, medicinal plants and green construction techniques are part of the festivities, along with music and food. For information, download the press release (PDF 77 kb) from Stillwaters Environmental Center or visit the Stillwaters website.

The following day, this Sunday, is the kickoff celebration for Orca Awareness Month, including a Baby Orca Birthday Bash at Alki Beach Bathhouse, 2701 Alki Ave. SW in Seattle. Live music by Dana Lyons (see Water Ways, Jan. 25), face painting, orca bingo and other activities are planned.

For the remainder of the month, activities include an informational webinar June 9, a discussion about the toxic threat June 16, “Orcas in Our Midst” workshop June 18, a march for endangered orcas June 24, “Orca Sing” June 25, “Oil, Orcas and Oystercatchers” forum June 25, and “Orca and Salmon: An Evening of Storytelling” June 29. These and several events yet to be scheduled can be followed on the Orca Month website or the Facebook page.

Orca Awareness Month was started 10 years ago by Orca Network and has been adopted by Orca Salmon Alliance, made up of organizations working to expand awareness of the relation between killer whales and salmon, both considered at risk of extinction.

Orca Awareness Month is recognized in Washington state in a proclamation from Gov. Jay Inslee (PDF 474 kb). In British Columbia, a proclamation was issued for the first time by the attorney general and lieutenant governor. For BC residents, a new Facebook page, Orca Month BC, is available.