Orcas get closer to federal protection

Puget Sound's resident orcas are on track to win protection under the federal Endangered Species Act, thanks to a government reversal that delighted environmentalists and legions of whale worshippers.

The National Marine Fisheries Service proposed yesterday that the region's struggling orca pods be declared "threatened" under the law. Final approval could take up to a year.

The state of Washington and the Canadian government have already listed the iconic whales as endangered, but the federal action would trigger more safeguards.

Environmentalists and some government officials predict the designation will spur action to better preserve the Sound, as well as coastal areas and rivers and streams important to salmon -- the killer whales' favorite food.

Federal protections may also spark stricter regulation of the release and cleanup of hazardous chemicals and funnel additional funding to the region. Guidelines for keeping boats a safe distance from orcas could become law.

"It gives us the hope we can do the right thing for the orcas," said Patti Goldman, a Seattle attorney with Earthjustice. "It gives us the hope and the tools."

"It's a great decision for us, a great decision for the killer whale and a great decision for science," said Brent Plater, an attorney with the Tucson, Ariz.,-based Center for Biological Diversity. "If you stick to your sound scientific principles, ultimately conservation, and not politics, is going to prevail."

The campaign to get Endangered Species Act protection began in 2001, spurred by a dramatic decline in the number of resident whales. The population is now estimated by independent scientists at 85.

Angering environmentalists, the fisheries service decided in June 2002 to protect the orcas under the Marine Mammal Protection Act, a less stringent set of regulations.

That decision was pegged to the government's conclusion that the animals were not "distinct" from other populations of orcas found in oceans around the globe. Researchers have historically lumped all orcas into one group, fisheries service officials argued, so the local orcas didn't clear the bar for listing as a separate population.

The Center for Biological Diversity, Earthjustice and other environmental groups sued the agency, claiming the government's science and conclusions were flawed.

A year ago, U.S. District Judge Robert Lasnik in Seattle ruled for the environmentalists, noting that the agency's science used was out of date and not the "best available." He ordered the fisheries service to plug the holes and reconsider its decision.

The judge's order led to the decision to propose the listing.

Bob Lohn, who heads the NMFS' Northwest office, said the resident orcas don't interbreed with other orca populations, have distinct markings and dorsal fins, eat different foods and inhabit different areas, and have a unique language of chirps and clicks.

There is a "significant biological difference," he said.

On the second try, federal scientists were "highly united" in their conclusion that the local killer whales were a subspecies that merit further protection, he said.

The resident killer whales are threatened by a diminished food supply, industrial pollutants and boat noise and traffic.

Local killer whales primarily eat salmon, whose numbers have declined sharply from historic levels for many runs. In some cases, the fish are much smaller than in earlier decades.

The pollutants -- most notably long-lived PCBs and the pesticide DDT -- are suspected to cause numerous problems for the orcas. Scientists believe the banned chemicals can hamper immune system function, reduce fertility, cause birth defects and disrupt hormone function.

Exposure to oil and other petroleum products could also be problematic, research has shown, whether it's from oil spills or the greasy storm water runoff that washes from the region's highways and driveways.

And scientists have linked boat traffic and noise with behavior changes in the orcas, including faster swimming and changes in the amount of time they dive underwater.

There are concerns that the vessels spook salmon, making hunting more difficult.

Work is already under way to protect the local killer whales, which are not whales at all but actually the world's largest dolphins.

The state Fish and Wildlife Department has teamed up with fisheries service to develop a conservation plan for the orcas. A draft is expected in February.

Congress has secured close to $4 million for orca research from 2003 to 2005.

Whale-watching companies also have been working with the government to reduce their impact. They follow a set of guidelines, including keeping 100 yards away from orcas and avoiding feeding areas.

The guidelines are voluntary, but whale-watching companies wouldn't oppose a move to make them law and expanded to pleasure craft, said Michael Bennett, vice president of the Whale Watch Operators Association Northwest and owner of Everett's Mosquito Fleet.

Bennett applauded yesterday's proposal to list the orcas.

"We've always said it's so important to address these big issues -- the toxic load, storm water runoff and a shortage of salmon," Bennett said. "Regulating whale-watching is the easy thing. We've got to start attacking these big issues."

The orcas have struggled to co-exist with humans over the past century. The historic population was likely 120 to 150 animals, experts say.

The formerly maligned killer whales were hunted by fishermen in the early 1900s. They were captured or killed in the 1960s and 1970s in the pursuit of star attractions for aquariums.

Their numbers have fluctuated since then, reaching 99 animals in 1995, but sliding inexplicably to 79 in 2001. In that year, a coalition of environmental groups petitioned the government to award endangered species protections to the orcas.

The local orcas, known as the Southern residents, are found in Puget Sound, around the San Juan Islands and in Canada's Georgia Basin from late spring to fall.

In the winter and early spring, the animals venture out to sea, swimming up the coast of British Columbia; they've been seen traveling as far south as Monterey Bay in California.

Being declared threatened could increase regulations of toxic chemicals that harm them, said Brent Norberg, the fisheries service's marine mammal coordinator for the Puget Sound area.

While banned here, some of the chemicals are still used by foreign countries, and the chemicals travel by air or water to the Northwest. A listing could open the door to international discussions about eliminating the pollutants, he said.

It could also increase scrutiny on currently used and potentially dangerous chemicals, including a family of flame retardants.

Listing would require other federal agencies to consult with the fisheries service when undertaking or approving projects that could harm the orcas.

Lohn said the agency will continue to work with the Navy to minimize harm to the whales from the powerful sonar on its ships.

The excitement over the proposed listing was tempered by concerns that the Bush administration and some members of Congress are moving to weaken the Endangered Species Act.

"If they roll back the Endangered Species Act, then everything that the scientists said today and we've been fighting for for years could be lost in one fell swoop," said Plater of the Center for Biological Diversity.

ORCA PROPOSAL

Public meetings on the proposed Endangered Species Act listing are scheduled for February in Seattle and on San Juan Island. Comments will be accepted for 90 days.

For more information, visit the National Marine Fisheries Service Web site: www.nwr.noaa.gov/

P-I reporter Lisa Stiffler can be reached at 206-448-8042 or lisastiffler@seattlepi.com

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