Watching Our Water Ways

I’m happy to share this space today with Kitsap Sun reporter Steven Gardner, who offers his personal perspective on orcas.

BY STEVEN GARDNER

Journalists received what might be deserved suspicion of being haters of George W. Bush. If it’s true, I don’t think it’s for the reason most people surmise, that we’re all socialists at heart intent on killing every American Amendment that isn’t the first one.

If we disliked Bush the younger, it had more to do with his reported statement to Joe Biden that he doesn’t “do nuance.”

Reporters dance in nuance. We eat it. For the purposes of this blog, let’s say we swim in it. When we retire, the hardest thing to unload is all the “other hands” we’ve considered. Dunagan has a file cabinet full of them. When Bush said he didn’t do nuance, it was like he was insulting all our mothers.

Dabbling in nuance gives us room to partake in things we might not otherwise do were we among those who take stands. In late 2007 I took my family to SeaWorld in San Diego. In my heart I’m really troubled by the idea of watching animals that can travel entire oceans confined to pools a little bigger than the one I had in my backyard as a kid. But it was when I was a kid that my affection for orcas began, because of a splashing I got from Shamu.

Growing up in Southern California, it was the only way I was going to see orcas in person. As the years went on, I managed to see probably a dozen dolphin shows. I don’t think I grew to have any angst about it until I was working construction during a summer off from college and was sent to a house in an exclusive neighborhood in Laguna Beach. There, on a cliff overlooking the Pacific Ocean, I could see a school of dolphins (Maybe they were porpoises. I couldn’t swear under oath that they weren’t two-liter soda bottles with fins.) swimming by beyond the waves.

It sounds cliche, but something can happen to a guy like me who suddenly sees something in a different context, particularly a natural context. Not only did it make me feel good about them, it made me feel good about myself, that I live in a world where animals can be in a place they’ve been for thousands or millions of years, that we haven’t institutionalized all of them. It’s not a thought that comes naturally when you spend most of your days winding your way through asphalt and concrete.

That elation came again when I moved here and the Orcas visited Silverdale. Then on Christmas Day in 2004 I was on a ferry to Seattle and saw an orca off in the distance. That chance sighting was better than the sure thing you get in San Diego.

Still, I thought maybe my kids would appreciate the SeaWorld show. They did.

I, on the other hand, had much the same reaction Steve Lopez from the Los Angeles Times did when he went.. I wouldn’t say I was creeped out, but I was uneasy.

I expected a fun, maybe funny presentation. What you get is a full-on, well-orchestrated production that clearly had been crafted following the pressure that must have come once Free Willy was released in theaters.

And yet months later, when another friend shared pictures of her daughter being one of those who got to go out and touch the whale, I was genuinely happy for her.

Of course the idea that she could have been yanked by her pony tail into the water — something that has apparently never happened in the wild — changes all that.

I’d rather see all those Shamus out in the wild. I would have felt so relieved if SeaWorld officials would have said, “We get it now.” On the other hand, maybe the Tacoma Pocket Gopher wouldn’t have vanished in 1970 if someone had made money by teaching a few of them to jump through hoops. On the other other hand, maybe these animals should matter to me even if I never get to see them.

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Ken Balcomb of the Center for Whale Research has announced that the newest killer whale calf, designated J-46, should be known as “Star,” because the young animal has garnered so much attention.

This newborn calf could become a poster child in the effort to save the Southern Residents from extinction.

Ken’s naming announcement came as a surprise to me, because he rarely uses names for our local orcas. Like most killer whale researchers, Ken and other staffers at the Center for Whale Research generally call the whales by the alpha-numeric system set up by researchers many years ago.
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I received word tonight from Orca Network that a new calf has been born in J Pod. I’ve written the following story for tomorrow’s Kitsap Sun:

New orca calf born in J Pod.
Photo by Jeanne Hyde

A newborn killer whale calf has been reported in J Pod, one of the three pods that frequent the Salish Sea, which includes Puget Sound.

This birth brings the population of J Pod to 27 and the total for all three pods to 87.
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This appears to be J-28’s first baby. See Center for Whale Research.

For some first-hand accounts of the exciting discovery, check blogs by Jeanne Hyde and Monika Wieland.

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“Salish Sea” is now the official name for our inland waterway that stretches across more than 1,400 square miles of Western Washington and British Columbia. See my story in today’s Kitsap Sun.

Salish Sea watershed
EPA graphic

The question now is whether the name will catch on and be used more frequently.

One application that comes to mind is the description of the three pods of killer whales known as Southern Residents. I’ve often referred to these animals as the orcas that frequent Puget Sound. That’s because “Southern Residents” have little meaning to the average reader, who wishes to know why they are “southern” and what I mean by “residents.”

It so happens that the Salish Sea just about defines the range of these whales for a large percentage of the year.

Now I may refer to them as the killer whales that frequent or mainly reside in the Salish Sea — including much of the summer in the San Juan Islands, with winter and fall stints into Puget Sound.

I’m not sure how else I will use this term, but I no longer feel constrained by the idea that the Salish Sea is not a real name and has never been defined by any authority.

Here are some facts about the Salish Sea provided by the SeaDoc Society. (I’ve converted meters to feet and kilometers to miles.)

• Coastline length, including islands: 4,642 miles
• Total number of islands: 419
• Total land area of islands: 1,413 square miles
• Sea surface area: 9,942 square miles
• Maximum depth: 886 feet
• Number of different marine animals species estimated: 20 species of mammals, 128 species of birds, 219 species of fish, and over 3000 species of invertebrates
• Number of species listed as threatened, endangered or are candidates for listing: 64
• Total watershed area, not counting the upper Fraser River area (See Stefan Freelan): 42,000 square miles

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The Samish Tribe recently held a formal ceremony to name J-45, a killer whale first spotted in March. See the Kitsap Sun, March 5. The young orca is the son of J-14, named Samish.

It is becoming a tradition for the Samish Tribe to name the offspring of the whale we call Samish, now a 35-year-old female. Samish is the granddaughter of J-2, or Granny as she is called. Granny is possibly the oldest living orca among the Puget Sound whales.

Officials with The Whale Museum in Friday Harbor participated in the naming ceremony Saturday. They provided the account below, which I think you will enjoy reading.

By the way, some of our local orcas have shown up in Central Puget Sound, where they were sighted this morning between Fauntleroy and Southworth. I have not yet heard if these animals have been identified. (Note: I updated this with a story late this afternoon.)

The Samish Indian Nation Names New Calf J-45

Friday Harbor — On Saturday, October 17, 2009, the Samish Indian Nation held a traditional potlatch naming ceremony for J-45, the newest J Pod calf in the Southern Resident Community of orcas.

The Whale Museum participated in the ceremony by providing ceremonial gifts for the attendees as well as a greeting by Executive Director Jenny Atkinson. The museum was asked to appoint a witness to the ceremony. Because of her role as the Orca Adoption Program Coordinator and the storykeeper of the whales, Jeanne Hyde was named.

“It was an honor to be asked to witness, ” Jeanne noted.
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The comment period for proposed federal regulations to restrict the operation of boats around killer whales has been extended to Jan. 15, pushing back the implementation date.

It looks like the National Oceanic and Atmospheric Administration is throwing open the door for “cooperative efforts” that might even include some new on-the-water research this coming year.

“We recognize that by extending the public comment period, we won’t have enough time to issue a final rule before the 2010 summer boating season,” states an e-mail sent out this morning by NOAA.

The statement adds:

“We continue to believe that it’s important to address the adverse effects of vessel traffic on killer whales in the near future. In light of the requests we’ve received for an extension of the comment period, however, we believe additional public outreach will enhance both NOAA Fisheries’ understanding of public concerns and the public’s understanding of the basis for our proposal. This will also allow time for cooperative efforts to refine the proposal. We’ll work toward adoption of a final rule before the 2011 summer boating season.”

The proposed rules would create an enforceable 200-yard protective zone around the whales. That’s twice as far as existing federal guidelines call for. See my July 28 story in the Kitsap Sun.

During three recent hearings, many people raised questions, concerns and objections to the proposed rule. Some even offered suggestions.

Donna Darm of NOAA told me that the extra time would allow biologists to explore and discuss some of the ideas, including issues related to recreational fishing and kayaking within a “no-go zone” off the west side of San Juan Island.

Research is ongoing, she said, and another year of data would not hurt. New on-the-water studies may or may not be proposed. When I raised the idea of an experiment using the entire whale-watch fleet to test various scenarios, she seemed intrigued by the notion.

“We have lots of comments to think about related to this alternative or that alternative,” she said.

NOAA officials were surprised by the number of people who showed up at the three public hearings: 180 or so each in Anacortes and Seattle, followed by about 260 in Friday Harbor, according to NOAA spokeswoman Janet Sears. That compares to between 40 and 60 people at planning meetings before the regulations were announced.

Shane Aggergaard, president of the Pacific Whale Watch Association, said he is pleased to see the willingness of NOAA officials to discuss the issue further. At first, NOAA officials did not seem to be listening, he told me.

“In the first part if it, it seemed like, ‘this is the proposal and this is the way it’s going to be,’” he said. “The fact that they’re looking at our recommendations or anything outside their original proposal is a positive step.”

The outpouring of opposition, including comments collected from passengers of whale-watch boats, has been huge, he said. “I would be surprised if there are not 20,000 comments that they will have to deal with.”

To comply with a strict 200-yard limit, whale-watch boats would need to stay close to 300 yards away most of the time, he said, and that is something that could kill much of the whale-watching business, he said.

The Pacific Whale Watch Association has proposed a combination of two ideas advanced by NOAA. The PWWA option would prohibit vessels within 100 yards under most conditions, though it would allow fishing boats to hold their position and kayakers to let orcas swim by. Other vessels would need to stay out of the path of the Southern Residents and observe a 7-knot speed along San Juan Island from Eagle Point to Mitchell Point out one-half mile.

Some folks have let me know that they are alarmed that strict regulations will not be approved in time to better protect the whales this year. (Washington state law includes a 100-yard restriction.)

Peter Hamilton of the whale-protection group Lifeforce sent this message:

It’s really unfortunate that the orcas will not get more protection in 2010 under improved vessel regulations. But of course enforcement would still be an issue. In order to provide more protection, Lifeforce hopes that NOAA and WDFW (Washington Department of Fish and Wildlife) will get more funds to step up enforcement in 2010.
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Two hearings regarding proposed boating regulations to protect Puget Sound orcas from noise and disturbance have brought out a variety of opinions. Folks involved in the whale-watching industry showed up in large numbers, as did sport and commercial fishers.

Scott Veirs, who studies the acoustics of killer whales, blogged about last night’s meeting in Seattle:

“Overall, there were strong objections to the entire suite of alternatives — from the 200 yard viewing distance to the no-go zone. People for Puget Sound went on record saying that a no-go zone was a step too far. And Ken Balcomb (Center for Whale Research) voted for no action.

“I was left with a profound disappointment that so many felt so unfairly burdened by the proposed rules. If the people who most intimately and consistently share the southern resident’s habitat aren’t willing to make a sacrifice to preserve the basis of their livelihoods, how can we expect the public to act selflessly for our regional icons: the orca and the salmon?”

I thought the piece put together by reporter Mark Wright of KCPQ-TV (viewer above right) provided a nicely summarized and balanced perspective on the issue, though it did not examine the scientific issue.

To dig more deeply, take a loot at the extensive list of comments compiled by the National Marine Fisheries Service in 2007 when “potential vessel regulations” were being discussed. Information about the proposed rule — including questions and answers — can be found on the page “Regulations on Vessel Effects.”

A few odds and ends in recent days:
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The Navy has decided not to conduct training exercises involving sonar within Puget Sound. That information was revealed in a proposed incidental take permit for the Northwest Training Range Complex, now subject to public review under the Marine Mammal Protection Act. See my story in today’s Kitsap Sun.

While this decision no doubt will be a good thing for area marine mammal populations, I’m still a bit confused about the extent to which sonar may be used in non-training conditions.

Use of sonar in the testing of equipment and new technologies will come under a separate take permit for the Naval Undersea Warfare Center, based at Keyport.

But, according to a statement I received from the Navy, that still leaves open the use of sonar for “safety and navigation,” “testing,” and “maintenance.”

As I understand the process, if the Navy were to harm marine mammals in one of these procedures without obtaining a take permit in advance, the Navy would be in violation of the Marine Mammal Protection Act.

The potential exists for such harm, given the experience earlier this year with the fast-attack submarine USS San Francisco. The submarine was found to be using sonar, which was picked up loudly on hydrophones miles away. The submarine was in the Strait of Juan de Fuca after it left Bremerton after undergoing repairs.

It appears there were no killer whales in the area. But nobody could be sure about other marine mammals, since it was dark during much of the time the sonar was being used.

To keep things in perspective, the Navy has made progress in its effort to come into compliance with the Marine Mammal Protection Act. While there may always be disagreement about the level of protection necessary, the Navy is explaining its operations more and working cooperatively with other agencies to reduce the harm to wildlife.

It turns out that the proposed incidental take permit for the Northwest Training Range (PDF 1.3 mb) serves as a nice primer to help us understand Navy exercises, sonar technology, types of sonar and their specific uses, potential effects on marine mammals and the history of Navy exercises where marine mammals have been killed.

Similarly, a proposed permit for the Naval Undersea Warfare Center (PDF 1.1 mb) offers extensive information about the use of sonar in testing advanced equipment and related activities.

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The idea of regulating whale watching around killer whales, particularly in the San Juan Islands, has gotten a lot of attention the past few years.

First, San Juan County approved an ordinance in 2007 that required boaters to stay back 100 yards from the whales. That was followed by a state law in 2008. Now, the federal government proposes to turn their longstanding 100-yard “guidelines” into a 200-foot enforceable rule. See my story in today’s Kitsap Sun.

I first wrote about the concerns of whale watching nine years ago — before the whales were listed under the Endangered Species Act. (See my story from July 2, 2000.) I think it is safe to say — and Kari Koski of Soundwatch confirms this — boaters have generally gotten more responsible, particularly commercial whale-watch operators based in the U.S.

This is a complex issue, in part because the killer whales themselves are complex creatures with a high level of intelligence. Trying to rebuild a population of killer whales is nothing like rebuilding a population of salmon. I could say a lot more about that, but instead I’ll make a few observations about the federal action.
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Whale watchers in the San Juan Islands have been reporting a killer whale with unusual wounds on his dorsal fin. News of the injury spread quickly among whale watchers the past few days. But experienced observers recognize the marks as “tooth rakes.”

Beyond play, we may never know why one orca bites another (click to enlarge).
Photo by Dave Ellifrit, Center for Whale Research

Tooth rakes are what you may see when one marine mammal bites another. Young orcas often leave marks on each other while playing, noted Ken Balcomb, director of the Center for Whale Research on San Juan Island.

In this case, rather large tooth rakes were seen on an adult male — namely L-78, a 20-year-old whale named Gaia.

“Another whale bit him,” Ken told me. “Oddly enough, we think it was his mom.”

Gaia frequently travels with his mother, L-2 or “Grace,” and his brother, L-88 or “Wave Walker.” Researchers have photos of the whales before the marks were made as well as after — and during that time no other whales approached.

“Somebody was pissed,” Ken said. “It could have been over food or something else.”

Of course, the brother could have done it. We’ll never know. But Ken was willing to speculate. We know that mothers share food with their young. This may go on for years until their offspring learn to fend for themselves. Even then, studies have shown that orcas often share food with each other as part of their social interaction.

But by the time a male orca is 20, he probably should quit mooching off his mom.

“Maybe she was saying, ‘Go get a job,’” Ken said, joking.

The bites probably won’t cause any permanent damage, he said. “We’ll be able to watch the healing process.”

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