Victory for the Whales Habitat Protection Mandated
B. McPherson
A federal court of appeal in Canada has ruled that the
Department of Fisheries and Oceans (DFO) had failed in its duty to protect
killer whales (orcas) by not protecting crucial habitat for them. Last year
EcoJustice brought suit against the DFO for failing this duty and the lower
court agreed with them. The decision of the lower court was appealed by the
DFO.
“The court ruled that the Minister of Fisheries and Oceans must legally protect all aspects of killer whale critical habitat — including their food supply and the quality of their marine environment.” EcoJustice
The iconic black and white whales have two main populations
on the coast of British Columbia, the northern and the southern. The northern
group is made up of 264 individuals and is considered threatened. The southern
group is now reduced to 87 and listed as endangered. The southern group travels
mainly in the Strait of Georgia south to Juan de Fuca Strait. Both are listed
under the Species At Risk Act (SARA).
Looking at the surface of the water gives little indication
of the changes that have come to the coast with increasing human activity.
Threats to these top predators are numerous.
·
Lack of food – orcas are fish eaters and the
populations of salmon and other fish have declined steeply. Whales need layers
of fat in order to survive in the cold coastal waters.
·
Disturbances – noise from boats, seismic
surveys, “bangers” to scare predation on open net industrial farming, military
sonar all contribute to disorientation and increased difficulty in locating
ever dwindling fish stocks.
·
Toxins – runoff from agricultural operations,
sewage dumping and accumulation of toxic chemicals in the body fat can disrupt
metabolic functions. Chemicals used in
the open net fisheries leak into the surrounding ocean waters.
·
Oil spills – with increased shipping of
petroleum products from BC terminals, the danger of an oil spill increases.
Orcas do not avoid oil slicks and can develop chemical pneumonia from breathing
petroleum fumes. When the Exxon Valdes polluted Alaskan shores with an oil
spill, the population of orcas plummeted.
The Canadian federal government has a window in which to
appeal the latest judgement against the DFO. After two judgements against it,
one would hope that they would start working on a way to save these
magnificent, intelligent creatures from extinction due to human activities.
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