Tag Archives: orcas

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.

Curiosity and openness distinguish new video on captive killer whales

British broadcaster Jonny Meah assumes an attitude of natural curiosity as he takes a close look at the question of whether killer whales should be kept in tanks for public display.

In a video he produced and edited, Meah visits Marineland of Antibes in the French Riviera, where he lays out the best case possible for each side of the argument. “Inside the Tanks” is Meah’s first-ever documentary production, and he is not afraid to put himself in the middle of the debate, expressing his own feelings as he weighs each side.

“I was inspired to make this documentary and tackle this debate, despite it’s enormity, because I believe one way or another something needs to be done,” Meah told the Bellingham-based Lemonade magazine. “I truly believe that, in many cases, the issue has become less about animals and more about personal hatred, whether that’s towards an organization or a particular person; that goes for both sides, too…

“I think previous pieces on the topic have been really, really interesting, but I personally felt that there was a gap, and a need in one of these pieces for a view from someone in support of captivity as well. So that is where ‘Inside The Tanks’ comes in.”

In an opinion piece written for HuffPost, Matthew Spiegl, an advocate for whales and dolphins, admires Meah’s approach at revealing his personal transformation as he goes about discovering some common ground between “activist” and “keeper.”

Spiegl also credits Jon Kershaw, zoological director at Marineland Antibes. for his openness when commenting about the realities of running a marine park.

“When Meah asks Mr. Kershaw a question about an unusual crease in the dolphins’ necks (as pointed out by biologist Ingred Visser), he acknowledges he had never thought about it being due to the dolphins always looking up at the trainers and agrees that it is the dolphin’s posture which likely causes the crease and that such a posture is not something that would be seen in the wild.”

In March 2016, SeaWorld announced that it would no longer perform captive breeding of killer whales, following an agreement with the Humane Society of the U.S. (See Water Ways, March 17, 2016). Six months later, California outlawed the captive breeding of orcas. Last month, shortly after “Inside the Tanks” was completed, the French government followed suit by banning captive breeding. (The documentary makes a footnote at the end, including a further comment from Kershaw.)

Meah says he looks forward to his first encounter with killer whales in the wild, though he is not sure when that will happen, and he hopes to continue his journalistic endeavors on the subject.

Transient killer whales make themselves at home in Puget Sound

Transient killer whales are gallivanting around Puget Sound like they own the place — and maybe they do.

For decades, transients were not well known to most observers in the Salish Sea. But now these marine-mammal-eating orcas are even more common than our familiar Southern Residents, the J, K and L pods. In fact, transients are becoming so prevalent that it is hard to keep track of them all. Some observers say up to 10 different groups of transients could be swimming around somewhere in Puget Sound at any given time.

“This is nuts!” exclaimed Susan Berta of Orca Network, a nonprofit organization that keeps track of whale sightings. “This is more than we have ever seen!

“Alisa Lemire Brooks coordinates our sighting networks,” Susan told me. “She is going nuts trying to keep track of them. It has been so confusing. They mix and merge and split up again.” (See also Orca Network’s Facebook page.)

This video by Alisa Lemire Brooks shows a group of transients taking a California sea lion at Richmond Beach in Shoreline, King County, on Monday. Much of the close-up action begins at 6:30.

If you’ve followed the news of the J, K and L pods and you think you know something about killer whales, you may need to refine your thinking when talking about transients. In fact, some researchers contend that the physical, behavioral and genetic differences between transients and residents are so great that the two kinds of orcas should be considered separate species.

Continue reading

Death of female orca with young son raises worries about the future

It has been hard to take the news that J-28, a 23-year-old female killer whale named Polaris, is now missing and presumed dead — even though I knew this news has been coming since August. It now appears likely that her 11-month-old son J-54, named Dipper, will not survive either.

On Oct. 2, J-28, named Polaris, was photographed with an indentation behind her blow hole, a condition known as “peanut head.” Polaris has now been confirmed as dead, and her son is probably dead as well, researchers say.
On Oct. 2, J-28, named Polaris, was photographed with an indentation behind her blow hole, a condition known as “peanut head” and related to malnutrition. Her 11-month-old son, shown with her, also was struggling to survive. Polaris has now been confirmed as dead, and researchers say her son is probably dead as well.
Photo: Ken Balcomb, Center for Whale Research

I sadly reported on Polaris’ “super-gaunt” condition in Water Ways (Aug. 24) after talking to Ken Balcomb of the Center for Whale Research. Until recently, various whale-watching folks, including CWR researchers, have reported that Polaris was still alive. She was generally seen moving slowly and in poor shape, but at times she seemed to have more energy, raising hopes that she might recover. But the last sighting of Polaris was Oct. 19 in the Strait of Juan de Fuca.

During a press conference Friday, Ken announced the death of Polaris, as he spoke out to raise awareness about the plight of Puget Sound orcas.

Ken said Dipper’s sister and aunt were attempting to care for the young orphan, but no other lactating females have moved in to provide milk, so he likely will die if he is not already dead.

Ken read a personally penned obituary for Polaris, noting that she was popular with whale watchers, in part because she was easily identified by a nick in her dorsal fin. She acquired the distinctive mark when she was nine years old.

At the press conference, Ken talked about the most concerning problem facing the orcas: a shortage of chinook salmon, their primary prey. The food shortage is exacerbated when the whales burn fats stored in their blubber, causing the release of toxic chemicals from their blubber into their bloodstream. Chemicals can affect the immune and reproductive systems, as well as other hormonal systems.

Continue reading

Orcas starting to follow chum salmon into Central Puget Sound

Chum salmon are beginning to make their way into Central and South Puget Sound, which means the orcas are likely to follow.

Given this year’s dismal reports of chinook salmon in the San Juan Islands, we can hope that a decent number of chum traveling to streams farther south will keep the killer whales occupied through the fall. But anything can happen.

Data from the Washington Department of Fish and Wildlife
Data from the Washington Department of Fish and Wildlife

On Oct. 2, orcas from J and K pods — two of the three Southern Resident pods — passed through Admiralty Inlet and proceeded to Point No Point in North Kitsap, according to reports from Orca Network. The whales continued south the following day and made it all the way to Vashon Island, according to observers.

On Tuesday of this week, more reports of orcas came in from Saratoga Passage, the waterway between Whidbey and Camano islands. See the video by Alisa Lemire Brooks at the bottom of this page. By yesterday, some members of J pod were reported back of the west side of San Juan Island.

The movement of chum salmon into Central Puget Sound began in earnest this week, as a test fishery off Kingston caught just a few chum last week, jumping to nearly 1,000 this week. Still, the peak of the run is a few weeks away.

Continue reading

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.

Orca population remains uncertain on census day

The annual census of killer whales that frequent Puget Sound is supposed to be based on a population count for July 1 each year, but this year the count has barely begun as we move into July.

J-40, named Suttles, breaches in the latest encounter reported by Ken Balcomb. Photo: Ken Balcomb, taken under U.S. and Canadian permits
J-40, named Suttles, breaches in the latest encounter reported by Ken Balcomb.
Photo: Ken Balcomb, under U.S. and Canadian permits

For years, all three pods of Southern Resident orcas typically wandered into Puget Sound in late May or early June, but things have been changing. So far this year, most of the whales have remained somewhere else, probably somewhere in the Pacific Ocean. And that even goes for J pod, the most resident of the resident pods.

Ken Balcomb of the Center for Whale Research, who is responsible for the census, said the Fraser River chinook run has been so low this year that the whales have stayed away. He may not be able to get a complete count until September, he told me.

Of course, Ken and his associates will take attendance as the whales come into the Salish Sea. Some assumptions will have to be made about the timing of any births or deaths. But whales won’t be counted as missing until they are not seen with their family groups during multiple encounters.

“We’re not going to be able to say that somebody is dead at the end of July because we have not seen them,” Ken said, “since there is a low probability of seeing them between now and September.”

As with this year, the census could not be completed at this time last year. But, unlike this year, only two small groups of whales had not been seen going up to census day on July 1 last year. See Water Ways, July 1, 2015.

As the whales have stayed out to sea longer each year, Ken has requested additional federal funding to search for them and get an early indication of their condition, but his requests have been denied. Those who wish to support his ongoing efforts may purchase a membership in the Center for Whale Research.

On Monday, Ken caught up with a small group of J pod orcas that are led by the matriarch J-2, known as Granny. It was only the second time that J pod whales have been seen in inland waters during the entire month of June. On Saturday, a large group of orcas was spotted by observers near the entrance to the Strait of Juan de Fuca. But most of them apparently stayed in the open ocean.

Ken speculates that Granny and the others were following an aggregation of salmon when he caught up with them at Turn Point near the Canadian border. He posted a report today with this information:

“J19 and J41 were the west-flanking whales, and J14, J37 and J49 were the east-flanking whales, while J2 and L87 charged in a zig-zag pattern down the middle of the tide rips that shot up vertically like haystacks of water, dousing the boat and camera. The others (J40 and J45) were here and there in the swirls, surfacing with no particular pattern. It was quite challenging to take photographs in such conditions, but it was important to get some documentation of their occurrence and activity, since they had not spent much time in the Salish Sea so far this year.”

The abundance of chinook in the Fraser River — which produces much of the fish in the San Juan Islands — is tracked by prescribed fishing in Canada’s so-called Albion Test Fishery. As you can see from the graph, the catch per unit effort is considerably lower than the long-term average, barely making a blip at the bottom of the chart.

This year's catch per unit effort in the Albion Test Fishery is much lower than the long-term average. This year's fishery did not begin until April 26. Graphic: Canadian DFO
This year’s catch per unit effort in the Albion Test Fishery is much lower than the long-term average. This year’s fishery did not begin until April 26.
Graphic: Canadian DFO

Meanwhile, the abundance of chinook off the Washington Coast is predicted in pre-season forecasts to be slightly above the 10-year average. Forecasts for this year’s chinook runs are higher than last year’s forecast but not as high as the surprisingly high numbers of chinook that ultimately came back last year. See 2016 chinook forecast (PDF 135 kb).

Considering the apparent difference between the number of chinook in the ocean and those coming to the Fraser River, it is no wonder that the whales still remain off the coast.

Given the low salmon runs, Ken says he will be surprised if the annual census does not include some mortalities. One small group of whales, known as the L-12s, have not been seen for months. Meanwhile, four births were recorded since July of last year, with the latest report coming in December. And, as far as anyone can tell, eight of the nine orcas born since December 2014 are still living. It would be remarkable if we are still able to say that when the official census for 2016 is finally reported in September.

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: