05.31.02

Cantwell Addresses Orca Recovery Conference at UW, Calling for Improved Plans to Protect Dwindling Orca Population

Senator calls for international protocol, expandedfederal protection, and federal assistance

SEATTLE, WA – U.S. Senator Maria Cantwell (D-WA) today addressed the Orca Recovery Conference held this weekend at the University of Washington and called for improved plans to protect dwindling orca populations.

In her keynote, Cantwell called for a joint U.S.-Canada protocol which would go beyond existing treaties between the countries, establishing a process for decision-making between the responsible agencies to facilitate a quick response to future orphaned orcas. Cantwell’s proposal aims to avoid the delays that have occurred in the handling of the orphaned orca A-73, which has lived off of Vashon Island for five months while U.S. and Canadian officials decided how to proceed. Cantwell formally made her request for an international protocol on orphaned orcas with Senator Patty Murray (D-WA) in a letter to the U.S. NMFS and the Canadian Department of Fisheries and Oceans.

"While there are existing treaties between our countries on orcas, I believe that what is missing is an established protocol for decision-making between U.S. and Canadian agencies quickly respond to situations like the orphaned orca off Vashon Island," Cantwell said. "Ultimately, cooperation between the U.S. and Canada is a vital component in the overall recovery of the Southern Resident orcas."

Cantwell also for more aggressive plans to protect southern resident orcas, whose population has declined by over 20% from 98 in 1995 to 78 today, from the National Marine Fisheries Service (NMFS). Cantwell said one option would be consideration by NMFS of a depleted designation under the Marine Mammal Protection Act (MMPA). A depleted designation under MMPA would expand federal protection for orcas under current law and would increase funding of whale research and rescue programs. It would not require additional legislation.

"The time for taking action to save the orcas is now," Cantwell said. "There can be no doubt that the Southern Resident orcas are a population in deep trouble."

Cantwell said that more federal assistance was needed needed for existing programs that fund the study of orca whales and other decline marine mammal populations. These programs include the Marine Mammal Health and Stranding Response Program, which is the primary federal program responsible for whale health research and rescue efforts, and the Prescott Marine Mammal Rescue Assistance grant program, which provides funds to stranding networks for local efforts.

The text of the letter follows:

May 31, 2002

Bob Lohn Regional Director National Marine Fisheries Service 7600 Sand Point Way NE Seattle, Washington 98115

Dr. John C. Davis Regional Director General Pacific Region Fisheries and Oceans Canada 450 - 455 West Hastings Street Vancouver, BC V6B 5G3

Dear Mr. Lohn and Dr. Davis:

We are writing to request your assistance regarding the plight of the Southern Resident orcas. In light of the dramatic decline in the Southern Resident orca population and the recent efforts to rescue the orphaned orca, "A-73," we believe there is a critical need now, more than ever, for international cooperation in the recovery efforts and the development of a decision-making protocol to handle similar rescue situations. The orcas that reside in the Pacific Northwest do not know national borders or boundaries, and we need to combine our efforts to ensure that proper stewardship of these wild marine mammals is undertaken.

In particular, the orphaned calf A-73 highlights the need to have in place an international protocol to guide the decision-making process in a timely and efficient manner. We understand that rescue efforts are high-risk operations that must take into account many factors. In this case, the United States National Marine Fisheries Service ("NMFS") has decided to intervene, because the chances of long-term survival outweigh the risk of an adverse outcome resulting from the capture and rehabilitation of the whale. We realize, however, that reaching this decision was not an easy task, because A-73’s situation was not a clear-cut "stranding" under the Marine Mammal Protection Act. The lack of a clear policy with respect to orphans like A-73 caused much frustration and indecision. Therefore, we believe that NMFS and the Canadian Department of Fisheries and Oceans ("DFO") must develop a protocol to guide decision-making in the future.

We believe that A-73 is merely a symptom of what appears to be a larger problem regarding the health of the Pacific Northwest whales. Given the growing realization that the population is declining, we encourage the responsible agencies from the U.S. and Canada to work together in the spirit of international cooperation on the recovery efforts.

The decline of the whale population in the Pacific Northwest is an issue that impacts our entire region and cannot be dealt with in an isolated manner. Therefore, we request that steps be taken to ensure that international cooperation is part of the guiding principle in the recovery of the Southern Resident orcas.

We thank you for your agencies’ efforts in this matter. Please let us know if our offices can be of any assistance. We look forward to working with you on this issue.

Sincerely,

Maria Cantwell United States Senator

Patty Murray United States Senator