Feds boost protection for killer whales after being sued

Last Updated: Wednesday, February 25, 2009
CBC News

Only a few dozen killer whales remain in B.C.'s southern resident
population, including this new calf spotted near Victoria on Feb 6. The
calves are naturally pink and black instead of white and black when born.
(Mark Melleson/CBC)

The federal government is making it illegal to damage the habitat of
critically endangered killer whales off the coast of B.C. ‹ and a coalition
of environmental groups is taking credit.

The government issued an order under the Species at Risk Act this week that
legally protects the areas where northeast Pacific northern and southern
resident populations of killer whales live. It also enhances the
government's ability conduct inspections and investigations and fine parties
who damage those areas, although it does not include specifics about what
would constitute damage.

A coalition of environmental groups says a lawsuit they launched in October,
which alleges the government failed to protect killer whales' habitat as
required by law, prompted the government to issue the order on Monday.

Jay Ritchlin, director of marine and freshwater conservation at the David
Suzuki Foundation, one of the groups involved in the case, said he is glad
the federal government has now decided to take this step.

"And we're looking forward to a time when they do so without having to be
sued first," he said in a statement.

The order is the first ever made under the 2004 Species at Risk Act. It came
after the government stated in September that it would rely on existing
legislation to protect the killer whales.

That prompted nine environmental groups represented by Lara Tessaro, a
lawyer with the environmental law group Ecojustice Canada, to file the
lawsuit against the government.

Review prompted order: official

Pardeep Ahluwalia, director general of the species at risk management
program at the Department of Fisheries and Oceans, said government has
reviewed the killer whale protection policy it issued in the fall, taking
into account comments from stakeholders, including environmental groups.

"We thought we could do better and so the protection order that we published
this week was in response to our review," Ahluwalia said.

"It's hard to say whether or not that [lawsuit] influenced our decision."

Such reviews are standard when the government is working with new
legislation such as the Species at Risk Act, he said.

According to the Department of Fisheries and Oceans resident killer whale
recovery team, the animals are threatened by declining salmon stocks,
increased boat traffic, toxic contamination, and loud underwater noises from
dredging. Recent counts show 85 individuals remain in the southern
population and around 245 in the northern population.

The nine groups involved in the lawsuit are:

* Dogwood Initiative.
* Environmental Defence.
* David Suzuki Foundation.
* Raincoast Conservation Society.
* Sierra Club BC.
* International Fund for Animal Welfare.
* Greenpeace.
* Georgia Strait Alliance.
* Wilderness Committee.

Tessaro said Wednesday that while she is pleased with the government's
order, she won't immediately drop the lawsuit.

She wants to see the final, more detailed version of the order that is to be
published in the Canada Gazette on March 4 and then consult with her clients
before taking that step.

"I'm quite sure that this lawsuit is what forced DFO to issue this order,"
she said.

Environmental groups are now hoping the government is serious about
enforcing the new protection for killer whales and will follow up with
similar orders for other endangered species, Tessaro said.

"What this means for the whales is that no longer is their survival and
recovery going to be dependent on old laws like the Fisheries Act or
unenforceable policies," she said.

"Endangered species in Canada are endangered because their habitat is being
degraded. Orders protecting their habitat are fundamental if we're going to
ensure that these species survive and recover."

http://www.cbc.ca/canada/british-columbia/story/2009/02/25/tech-killer-whale
.html