Tag Archives: Orca Network

Hydrophones open a world of underwater sound to people at home

Listening to the sound of whales in Puget Sound from your computer at home is becoming easier than ever, thanks to a new hydrophone on Whidbey Island and its connection to a more sophisticated computer network.

Organizers anticipate that thousands of human listeners could add a new dimension to scientific studies, raise awareness about the noise that orcas endure and perhaps alert authorities when sounds are loud enough to harm marine mammals in the vicinity.

The new hydrophone (underwater microphone) at Whidbey’s Bush Point was installed last summer, but it stopped working soon after it was announced to the world in early November, when news stories appeared in print and on radio and television. The timing couldn’t have been worse, said Howard Garrett of Orca Network, a partner in the venture.

“We finally got the word out just as it crashed and just as J pod came into Puget Sound,” Howie told me. “We got it working after J pod had left.”

It appears that there was a problem with both the hydrophone itself and the power supply that runs a critical computer, experts say. I decided to wait and write about the new hydrophone when readers could go right to the Orcasound webpage and listen to the live sounds of underwater activity. With Whidbey’s hydrophone back in operation, one can now listen to sounds from two hydrophone locations using a web browser:

  • Orcasound Lab: This location on the west side of San Juan Island is a major thoroughfare for the endangered Southern Resident killer whales as they come east through the Strait of Juan de Fuca or south from the Strait of Georgia.
  • Bush Point: This location on the west side of Whidbey Island picks up the orcas as the enter or leave Puget Sound through Admiralty Inlet, their primary route to and from Central and South Puget Sound.

Sounds from hydrophones in several areas of Puget Sound have been available for years, thanks to the efforts of Val Veirs and his son Scott, affiliated with Beam Reach Marine Science, along with a host of other volunteers and organizations who have helped maintain the hydrophones. In the past, network users would need to launch a media player, such as iTunes, on their computer to receive the live audio stream. The new browser-based system requires no additional software.

Photo courtesy of Beamreach.org

One can also listen to a hydrophone at Lime Kiln Lighthouse, a favorite spot of the orcas on the west side of San Juan Island. The Lime Kiln live stream, a project of SMRU Consulting and The Whale Museum, can be heard on SMRU’s website. I’m hoping that Scott can add the hydrophone to his list. Orcasound, which is managed by Scott, still has a link to Lime Kiln that requires iTunes or another player.

At the moment, hydrophones that had been in operation at Port Townsend Marine Science Center, Seattle Aquarium and Neah Bay are out of operation for various reasons, Scott said, but he is working with folks at each location to see if the hydrophones could be brought back online using his new browser-based software. He would also like to expand the network with more hydrophones to pick up whale movements.

Scott’s vision of this hydrophone network involves using the technology to organize people to improve our understanding of orcas and other marine mammals while building a community concerned about the effects of underwater noise.

Scott said he has been surprised at the number of average people who have caught on to specific calls made by the whales. By identifying the calls, one can learn to tell the difference between fish-eating residents and marine-mammal-eating transients. More advanced listeners can distinguish between J, K and L pods. Check out Orcasound’s “Listen” page for information about sharing observations, learning about orca calls, and listening to archived recordings of calls.

One story I’ve never told goes back to 1997, when 19 orcas from L pod were in Dyes Inlet. It involves a phone call I received from my wife Sue. I was working at the Kitsap Sun office and away from my desk when the call came in. When I checked my voicemail, I heard what I thought was the mewing of tiny kittens. That made sense, I thought, because we had recently adopted two one-day-old kittens whose mother had abandoned them at birth. But the sound on my phone was not kittens after all but killer whales. My wife was in a boat on Dyes Inlet helping researchers who had lowered a hydrophone to listen to the orcas. Sue was holding up her cellphone and leaving me a voicemail from the whales.

The sound I heard on my phone was something like the following call, although multiplied by many voices:

      1. K-pod-S16-stereo

Scott told me that he would like to come up with names instead of numbers for the various calls. The one above is already being called “kitten’s mew,” although it is better known as “S16” among the scientific community. See the website “Listening for orcas” or the longer “Southern Resident Call Vocabulary.”

Orca Network is well known for collecting information about whale sightings, but now people are also reporting in when they hear the sounds of whales. That is especially helpful when visibility is poor. Both the sighting and sounding information can at times be useful to researchers who follow the whales at a distance and collect fecal samples to check out their health conditions. Observers can send notes via Orca Network’s Facebook page or via email.

Photo courtesy of Beamreach.org

Howard Garrett of Orca Network mentioned that many people are tuning in to the underwater sounds even when whales are not around. They may listen for hours with an expectation of hearing something interesting, but listeners also come to understand the world occupied by the whales.

“You get to experience what the orcas’ lives are like,” Howie told me. “It’s a noisy world for the killer whales.”

Scott agreed. “The most powerful thing that these live streams do is inspire people to listen. What they come to understand is what quiet is and that ships are the dominant source of noise out there.”

Knowing where a hydrophone is located, one can go to MarineTraffic.com and identify one or more ships that may be making the noise. “I do want people to call out outlier noise polluters,” Scott said.

Because federal funds for running the hydrophones has mostly dried up, Scott launched a Kickstarter campaign to design and get the new system up and running. It was great to learn who the supporters are, he said, noting that he knew only about a third of the people who are regular listeners. One woman in Romania became an expert in listening to the whales and wrote a paper about how to improve the hydrophone network.

“We are poised to become a much better organizer of people,” Scott said. “One option is for notifications. We can send out notifications using a new app that allows people to tune in when the whales can be heard.”

Notifications are not yet an option, but I told Scott that I would let people know when this option becomes available.

Computer programs have been developed to recognize the sounds of orcas, record various data and send out an alert, but the human brain has unique capabilities for understanding sound. Together, computers and human listeners can capture more information than either one alone. Scott said.

“I think we might have a friendly competition between humans and machines,” he noted.

Most hydrophones are designed for listening in the human range of hearing, but Scott would like to install more advanced devices capable of capturing the full vocal range of an orca. Such sounds could then be more completely analyzed. Perhaps someone will discover the still-hidden meanings of the orca vocalizations.

Efforts continue to retrieve orca Lolita, despite legal setback

Although the Endangered Species Act may encourage extraordinary efforts to save Puget Sound’s killer whales from extinction, it cannot be used to bring home the last Puget Sound orca still in captivity, a court has ruled.

A 51-year-old killer whale named Lolita, otherwise called Tokitae, has been living in Miami Seaquarium since shortly after her capture in 1970. Her clan — the Southern Resident killer whales — were listed as endangered in 2005, but the federal listing specifically excluded captive killer whales.

In 2013, People for the Ethical Treatment of Animals (PETA) successfully petitioned the National Marine Fisheries Service to have Lolita included among the endangered whales. But the endangered listing has done nothing to help those who hoped Lolita’s owners would be forced to allow a transition of the whale back into Puget Sound.

This week, the U.S. Eleventh Circuit Court of Appeals in Atlanta reiterated its earlier finding that Lolita has not been injured or harassed to the point that her captivity at the Miami Seaquarium violates the federal Endangered Species Act, or ESA.

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Stories told of unusual marine mammal visitors to Puget Sound waters

People in the Puget Sound area have been reporting some rare visitors to our waterway in recent years — including bottlenose dolphins, common dolphins, a sperm whale and even a ringed seal from the Arctic.

Bottlenose dolphins, such as these seen from a NOAA vessel on the East Coast, are being spotted more often in Puget Sound
Photo: Allison Henry, Northeast Fisheries Science Center

Sudden appearances of these marine mammals have come as a surprise, because the animals are outside their normal habitat. Puget Sound may be too cold or too warm or not deep enough for these animals to flourish, or so experts have thought.

I am always interested when I hear about strange visitors, and I was pleased to tell the stories of seven marine mammal species that are not supposed to be in Puget Sound. They include Miss and Stump, a pair of bottlenose dolphins that worked their way up the West Coast from Southern California and now seem to be making their home in the cooler clime of Puget Sound. Check out my story in the Encyclopedia of Puget Sound.

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Lummi Nation joins effort to bring Lolita home to Puget Sound

The Lummi Nation, an Indian tribe near Bellingham, recently joined the 25-year-long struggle to bring the killer whale named Lolita back to her home waters of Puget Sound, where she was captured and removed 47 years ago.

The tribe’s involvement could change the nature of the ongoing battle entirely, according to Howard Garrett of Orca Network, who has been leading the effort.

Trailer to a movie in production about the Lummi Nation's effort to bring Lolita home.

“I feel like we are at a whole new level of synergy and mutual support as we bring out our passions and abilities and professional skills,” Howie told me during a phone call from Miami, where he and Lummi leaders were visiting the 52-year-old whale.

Lolita, also known by her Native American name Tokitae, has lived all these years in a relatively small tank at Miami Seaquarium, performing twice each day for visitors to the marine park.

Members of the Lummi Nation contend that what happened to Tokitae was a kidnapping, and her aquatic prison violates native traditions that hold orcas in high esteem. An estimated 40-50 orcas were captured or killed during roundups during the late 1960s and early ‘70s, officials say, and Tokitae is the last living orca taken from Puget Sound.

“There is no way they should be getting away with putting these mammals in captivity for a show,” Steve Solomon, Lummi Natural Resources Commissioner, said in video segment for WPLG Channel-10 News in Miami. “Those are our brothers and sisters that were taken.”

Some have compared Lolita’s capture and removal with actions surrounding Indian boarding schools, where Native American children were taken after being forced to leave their families and give up their native culture.

Orca Network and other groups have proposed bringing Lolita back to Puget Sound and caring for her in a blocked-off cove on Orcas Island until she is ready to head out into open waters, possibly joining her own family. Orca experts believe that her mother is Ocean Sun, or L-25, and that Lolita would be able to recognize the voice of her mom and other L-pod whales.

The cost of the proposed sea pen on Orcas Island and moving the whale by airplane is estimated to cost about $3 million. Howie said he has no doubt that the money can be raised, especially with the help of the Lummi Tribe. Orcas Island is just across Rosario Strait from the Lummi Reservation west of Bellingham.

There is some talk that the Lummi Nation could use its treaty rights to force action if the Miami Seaquarium continues to resist. The Lummi are signatories to the Point Elliott Treaty, which guarantees the right of native people to hunt, fish and gather shellfish. Courts have ruled that tribes also have a vested right in protecting the habitat, but their moral argument to bring Lolita home might be stronger than their legal one.

Eric Eimstad, general manager of Miami Seaquarium, said the killer whales in Puget Sound are listed as endangered, and there are clear concerns about their lack of food, boat noise and chemical runoff.

“The focus should not be on a whale that is thriving in her environment in Miami,” Eimstad said in a statement.

“After more than 47 years, moving Lolita from her pool, which she shares with Pacific white-sided dolphins, to a sea pen in Puget Sound or anywhere else would be very stressful to her and potentially fatal,” he continued. “it would be reckless and cruel to treat her life as an experiment and jeopardize her health to consider such a move.”

Experts can be found on both sides of the issue, and nobody denies that Lolita’s tank is smaller than any captive orca habitat in the U.S.

While in Miami today, Howie was able to watch Lolita in action. He told me that he wore a floppy hat and sunglasses to escape notice, since he has been kicked out of Miami Seaquarium several times for being an “activist.”

“She is looking good,” Howie said of Lolita. “It was encouraging to see that she is not weak. In fact, she is strong. She made four breaches up and out of the water.”

That’s a good indication that this whale could not only survive a flight across the country, but she could thrive, he said. Any treatments she gets, such as antibiotics, would be continued as long as necessary.

Meanwhile, the Lummi contingent is planning a 30-day journey throughout the country to raise awareness about the plight of Lolita. They will take along a large totem pole of an orca, which is now being carved.

Former Miami Beach Mayor Philip Levine, who is hoping to be Florida’s next governor, has signed onto the campaign to bring Lolita home. He opened a press conference yesterday in which he was joined by numerous supporters, including Lummi leaders.

“The time is right to do the right thing and finally free this captured endangered whale,” Levine said. “It was my honor to host the Lummi Nation on this historic day, as we continue the fight to bring Tokitae home to her native waters.”

The first video on this page is a trailer for a movie in production. Producers Geoff Schaaf and Dennie Gordon of Los Angeles are following the Lummi involvement in the tale of Tokitae, which they say is emblematic of the larger story about saving the salmon and all the creatures that live in the Salish Sea.

The second and third videos make up an excellent two-part series by reporter Louis Aguirre of Miami’s WPLG-Channel 10 News. He digs into the controversy over Lolita, including a visit to Puget Sound and what could be Lolita’s temporary home near Orca Island.

Orca celebrations and environmental learning are filling our calendar

From killer whales to native plants, it’s a potpourri of activities and events I would like to share with you. June is Orca Month. But first, on Saturday, we can celebrate the 15th anniversary of the remarkable rescue of a young killer whale named Springer.

Also coming in June are gatherings small and large, including a water-based festival in Silverdale later in the month.

Celebrate Springer!

This Saturday, May 20, folks will come together to celebrate Springer — the lost baby orca who was rescued and returned to her home in British Columbia. The 15th anniversary of the rescue will be commemorated on Vashon Island, at the Vashon Theatre, 17723 Vashon Highway SW.

Springer and her calf, named Spirit, who was born in 2013. // Photo: Christie MacMillan

The celebration will include stories recounting the event, starting when Springer was found alone near the Seattle-Vashon Island ferry lanes and continuing through her return to the north end of Vancouver Island after being restored to good health. The celebration will include dancing by the Le-La-La Dance Group. These are the First Nations dancers who welcomed Springer back to her home waters 15 years ago.

For details, check out the web site of The Whale Trail, which is sponsoring the celebration, which I wrote about in Water Ways on the 10th anniversary of the rescue.

Orca Month

The kickoff of Orca Month will include a tribute to Granny, the elderly matriarch who led J pod for decades until her death this past year. The opening event, sponsored by Orca Salmon Alliance, will be Sunday, June 4, at Golden Gardens Bathhouse in Seattle. RSVP on the Orca Month Facebook page.

If you would like to immerse yourself in information about the Southern Resident killer whales, you may enjoy the annual “Orcas in Our Midst” workshop on Whidbey Island on Saturday, June 10. Speakers will include Howard Garrett of Orca Network discussing the status of the Southern Residents, Mike Ford of NOAA talking about killer whale genetics, and Jacques White of Long Live the Kings addressing the critical Salish Sea Salmon. For details and reservations, visit the Orca Network website.

Other events during Orca Month include a screening of the film “The Unknown Sea” in Burien on June 1, naturalists in the parks on June 3, “Day of the Orca” in Port Townsend on June 3, beach cleanups on June 13, Orca Sing on San Juan Island on June 24, and Orca Awareness Weekend at Seattle Aquarium on June 24 and 25. All events, including those in Oregon and British Columbia are featured on the Orca Awareness Month webpage.

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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.

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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.

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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:

Killer whales begin their annual excursion into Central Puget Sound

A pod of Southern Resident orcas travels south past Point No Point this afternoon. Typically, the three Southern Resident pods move into Central and South Puget Sound to hunt for chum salmon in October, but this year they have stayed away until now. Photo: Meegan Reid, Kitsap Sun
A pod of Southern Resident orcas travels south past Point No Point early this afternoon. // Photo: Meegan Reid, Kitsap Sun

The Southern Resident killer whales appear to be making their annual excursion into Central and South Puget Sound — up to a month later than normal.

As I write this, a group of whales — believed to be J pod — is heading south along the eastern shoreline of the Kitsap Peninsula. The video was shot yesterday morning by Alisa Lemire Brooks.

So far, nobody seems to have a good idea why the whales are late. Typically, they spend their summers in the San Juan Islands, then begin checking out the rest of Puget Sound in September. Presumably, they are looking for salmon to eat. We know their preference is for chinook, but they will eat coho and chum if that’s all they can find.

In the fall, chum salmon are abundant throughout much of Puget Sound, and they often become the main food source for all three pods of killer whales. J pod, however, is the one that spends the most time in the Salish Sea (the inland waterway that includes Puget Sound and the Strait of Georgia).

On a stormy Sunday night, the first day of November, all three pods headed south past Port Townsend and into Puget Sound, as reported by Orca Network.

“All of October, we waited patiently as we followed the reports of Js, Ks, and Ls following chum salmon runs far to the north when typically they follow the chum into Puget Sound,” states Orca Network’s sighting report from Sunday.

“We have been compiling these Sighting Reports since 2001, and this was the first October to come and go without the Southern Residents,” the report continues. “Come morning, many joyous people will perch themselves atop favored viewpoints, on nearby bluffs, and along the many shorelines in hopes of seeing the beloved J, K and L pod members-including perhaps their first glimpse of any of the new calves who might here. We do hope they find plenty of chum!”

On Monday, whale researchers — including Ken Balcomb of the Center for Whale Research and Brad Hanson of the NOAA’s Northwest Fisheries Science Center — met up with the whales heading north from Seattle. Late in the afternoon, the orcas split up. K and L pods continued north, and J pod headed south.

Brad told me that he was as surprised as anyone that the whales did not venture south before November. “I’ve been scratching my head over that one, too,” he said. “It was very strange.”

The whales did stay around the San Juan Islands longer this year, he noted, which might mean they were getting enough chinook to eat. Then they moved north into Canada, perhaps finding salmon in other areas besides Puget Sound.

Yesterday, the first whale sightings came from Maury and Vashon islands in South Puget Sound, where the whales — believed to be J pod — turned around without heading up through Colvos Passage, as they often do. By nightfall, they were between Kingston and Edmonds, where Alisa Brooks shot the video on this page.

This morning, they were headed south again from Whidbey Island, passing Point No Point. As I post this about 3 p.m., they are somewhere around Kingston.

Howard Garrett of Orca Network saw the whales go past Whidbey Island. “They were traveling fast with lots of porpoising,” he told me, referring to the high-speed maneuver that shoots them along above and below the surface.

We can expect the whales to stay around these waters as long as December. But, as orca experts always tell me, if you expect killer whales to do something, they are just as likely to do something else.

Here’s a population update, if you missed the recent news:

The orca baby boom continues with the birth of a sixth calf since last December. The baby, designated J-53, was spotted off the west side of San Juan Island on Oct. 17. The mother is J-17, a 38-year-old female named Princess Angeline. The calf has two sisters, J-28 named Polaris, and J-35 named Tahlequah, and a brother, J-44 named Moby. The newest whale in J pod also has a 6-year-old niece named Star (J-46), born to Polaris, and a 5-year-old nephew named Notch (J-47), born to Tahlequah.

While the birth of new orcas is encouraging, I also need to mention that 50-year-old Ophelia (L-27) has been missing since August and is presumed dead by most people. She outlived all four of her offspring.

The total number of whales in the three pods now stands at 82: 28 in J pod, 19 in K pod and 35 in L pod. This count, maintained by the Center for Whale Research, does not include Lolita, the orca taken from Puget Sound and now living in Miami Seaquarium.

J53
The newest calf, J-53, with its mother, J-17 or Princess Angeline.
Photo: Dave Ellifrit, Center for Whale Research, NMFS Permit #15569

Lolita joins endangered orcas; her supporters
push on for her return

Lolita, the Puget Sound orca kept for 44 years at Miami Seaquarium, has been declared a member of the endangered population of Southern Resident killer whales.

Lolita lives alone in a tank at Miami's Seaquarium. Photo courtesy of Orca Network
Lolita lives alone in a tank at Miami’s Seaquarium.
Photo courtesy of Orca Network

Advocates for Lolita’s “retirement” and possible release back to her family say the action by NOAA Fisheries is a key step in the effort to free the 48-year-old whale. The next step would be a lawsuit filed under the Endangered Species Act, and advocates say they are prepared for that eventuality.

A news release issued today by NOAA Fisheries plays down the effect of listing Lolita among the endangered orcas:

“While Lolita will now share the endangered listing status of the population she came from, the decision does not impact her residence at the Miami Seaquarium. Lolita is a killer whale that has resided at the Miami Seaquarium since 1970.”

The original listing created an exemption for captive killer whales, an exemption that was challenged in a petition filed in 2013 by People for the Ethical Treatment of Animals (PETA).

“NOAA Fisheries considered the petition and concluded that captive animals such as Lolita cannot be assigned separate legal status from their wild counterparts.”

NOAA received nearly 20,000 comments on the proposal to list Lolita as endangered, and many expressed hope that Lolita would be returned to her home. But that would go against the wishes of Miami Seaquarium, which does not plan to give her up.

Andrew Hertz, general manager at Miami Seaquarium, said in a statement issued today:

“Lolita has been part of the Miami Seaquarium family for 44 years. Just because she was listed as part of the Endangered Species Act does not mean that she is going anywhere. Lolita is healthy and thriving in her home where she shares her habitat with Pacific white-sided dolphins. There is no scientific evidence that the 49-year-old post-reproductive Lolita could survive in a sea pen or the open waters of the Pacific Northwest and we are not willing to treat her life as an experiment.”

As stated by NOAA Fisheries in the news release:

“While issues concerning release into the wild are not related to this Endangered Species Act listing decision, any future plan to move or release Lolita would require a permit from NOAA Fisheries and would undergo rigorous scientific review.

“Releasing a whale which has spent most of its life in captivity raises many concerns that would need to be carefully addressed. These concerns include disease transmission, the ability of released animals to adequately find food, difficulty in social integration, and that behavioral patterns developed in captivity could impact wild animals.

“Previous attempts to release captive killer whales and dolphins have often been unsuccessful, and some have ended tragically with the death of the released animal.”

Howard Garrett of Orca Network, a longtime advocate for returning Lolita to Puget Sound, said he expects that concerns raised by the agency can be overcome, as they were with Keiko (“Free Willy”). Following Keiko’s movie career and a fund-raising campaign, the killer whale was returned to his home in Iceland and learned to feed himself. Still, it seemed he never fully integrated with wild whales that he encountered, and nobody knows if he ever found his family. Keiko died of apparent pneumonia about two years after his release.

Howie insists that the situation with Lolita is entirely different, since we can identify her family, including her mother, L-25, named Ocean Sun. The mom is estimated to be 87 years old and still doing fine.

Plans have been developed to bring Lolita to a sea pen in Puget Sound, providing care and companionship, such as she gets now. Then, if she could integrate with L pod, release would be a likely option. In any case, Lolita would have much more room to move about, Howie says.

Getting Lolita listed as endangered is important, he said, because she will be covered by the Endangered Species Act, which makes it illegal to harm or harass a listed species. A court would need to decide whether confinement in a small tank constitutes harm or harassment, he said, but some evidence is provided by the 40 or so orcas taken from Puget Sound that died well before their time.

The decision is certain to spur on the debate about whether the killer whale would be better off living out her life in now-familiar surroundings or giving her a taste of freedom with the risks that come with moving her to open waters.

Howie has been working with PETA attorney Jared Goodman on a potential lawsuit against Miami Seaquarium to improve conditions for Lolita.

“We are prepared to do whatever is necessary to ensure that her newly granted protections are enforced,” Jared told me. “I cannot speak specifically about what PETA will do next.”

Jared said he needs to know whether NOAA Fisheries will take any enforcement action before he proceeds with a “citizens lawsuit” under the ESA.

Talk of Lolita’s release into the wild is premature, he said. The goal is to transfer her back to her original home in the San Juan Islands and place her in a large protected pen. Only after determining that release is in her best interest would that idea be furthered and developed into an action plan.

Meanwhile, PETA is preparing for oral arguments in March before the 11th Circuit Court of Appeals on another case involving Lolita. The organization, along with the Animal Legal Defense Fund, contends that conditions in the Miami Seaquarium constitute abuse under the federal Animal Welfare Act. The specific conditions at issue are the size of her tank, her ongoing exposure to sun and her lack of animal companionship.

A lower court ruled that the U.S. Department of Agriculture has discretion to determine what constitutes acceptable conditions, despite written guidelines, when granting permits to zoos and aquariums.

Howard Garrett addressed the issue of abuse in a news release from Orca Network:

“Our society doesn’t like animal abuse, and the more we learn about orcas the less we can tolerate seeing them locked up as circus acts. The legal initiatives that led to this ruling have been brilliant and effective, as the mood of the country shifts from acceptance to rejection of captive orca entertainment enterprises. Things that seemed impossible a year ago seem doable today.”

For additional information from NOAA Fisheries, visit the website: “Southern Resident Killer Whale — Lolita.”

PETA and ALDF issued a joint news release today.

Today’s determination was not a surprise, as I addressed the logic of the federal listing when it was proposed a year ago. My post in Water Ways on Jan. 28 includes links to previous discussions about Lolita.