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Conservation Groups Sue Ministers to Protect Endangered Orcas in BC

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Conservation groups in British Columbia are suing federal ministers for their inaction in protecting endangered orcas after acknowledging the population's imminent threats. The groups demand urgent measures under the Species At Risk Act.

Conservation groups in British Columbia are taking legal action against two federal cabinet ministers due to their failure to recommend an emergency order to protect the highly endangered orcas.

This lawsuit, filed recently, follows two months after the Minister of Fisheries and Oceans Canada, Diane Lebouthillier, and the Minister of Environment and Climate Change Canada, Steven Guilbeault, acknowledged that the population of southern resident killer whales is facing imminent threats to survival, with only 73 orcas remaining as of July 2024.

The conservation groups are asking the Federal Court to compel the ministers to recommend that cabinet issue an emergency order under the Species At Risk Act, or declare the ministers' inaction as "unlawful."

"The whales are in crisis," stated Imalka Nilmalgoda, a lawyer with Ecojustice, representing the conservation organizations. She expressed concern regarding the increasing urgency of the whales' situation as environmental pressures mount.

The southern resident orcas, primarily found in the coastal waters between southern British Columbia and Washington State, have been designated as endangered under the federal Species At Risk Act since 2003. Their population has continued to decline because of factors such as water contamination, noise pollution, and diminishing salmon stocks.

The plight of these orcas was highlighted by the recent death of a newborn calf, which drew attention to their dire circumstances. In June, Ecojustice, representing various conservation organisations, petitioned the ministers for an emergency order to enhance protective measures for the whales.

The petition requested incremental steps to safeguard the orcas, including extending the distance smaller vessels must maintain from the whales from 200 metres to one kilometre, rebuilding wild Chinook stocks, and halting any further increases in marine shipping until a cumulative-effects management plan that considers underwater noise is developed.

In response to the petition, Fisheries and Oceans Canada and Parks Canada revisited their threat assessment from 2018, concluding that the orcas still face imminent threats. This determination obligates the ministers to recommend an emergency order under the Species At Risk Act; however, no specific timeline is established for this action.

Previously, the courts deemed Guilbeault's eight-month delay in recommending an emergency order for northern spotted owls as "unreasonable." A spokesperson for Fisheries and Oceans Canada mentioned that the department is currently consulting with First Nations and considering cabinet engagement regarding the orcas' emergency order.

Andrew Richardson, a representative for Lebouthillier, stated she does not comment on cabinet timelines or ongoing court cases.

Misty MacDuffee from Raincoast Conservation Foundation noted that there are now more whales in poor health than ever and called for additional fishing restrictions to improve access to Chinook salmon for the orcas.

By historically feeding along the Pacific coast, the orcas faced challenges due to significant declines in salmon populations, resulting in limited prey availability. The situation is compounded by the noise and disturbances caused by sport fishing vessels.

Hussein Alidina from World Wildlife Fund - Canada remarked that underwater noise levels in the Salish Sea remain excessive, impeding the whales' communication and feeding capabilities. He suggested that requiring smaller vessels to maintain a distance of one kilometre from the whales, as is the case in the US, would create a necessary buffer to protect the whales while feeding.

Alidina expressed the need for the federal government to establish noise reduction targets and implement measures to remove particularly noisy vessels from operation.

Despite the crisis faced by the southern residents, he indicated this is a moment to take effective action, urging rapid governmental response before the window of opportunity closes further.

Cabinet previously opted not to issue an emergency order in 2018, citing forthcoming measures to support the orcas. Nonetheless, the latest threat assessment by the federal government revealed that the threats facing the southern resident killer whales remain unchanged.

As advocates continue to push for stronger protective measures, Alidina emphasized the urgency of the situation, stating a need to prevent further delays if there is any chance of recovering these orcas.

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