Critics warn he's running out of time to be moved back to Puget Sound because of bureaucratic red tape. And they worry more delays mean a greater chance Luna could wind up in captivity.

Luna is a problem. He knocks boats around and wrangles for attention. It's dangerous for both Luna and the boaters.

Scientists agree, sending him back to his orca family in Puget Sound could solve that problem.

But the plan is bogged down.

"They've been stalling for some reason we don't understand," said Orca Conservancy's Michael Harris.

He blames Canada. Last week, a Canadian Deputy Minister with the Department of Fisheries and Oceans sent a letter confirming Canada would re-unite Luna with his family. Now, a DFO spokeswoman says the letter was "premature".

The DFO spokeswoman adds an official decision is still days away. But Harris says, "Luna doesn't have time for an official announcement, we need to act now."

The plan is simple: Capture Luna in Nootka Sound, keep him in a net pen there for a week to check his health. Then move him south to another pen near Victoria. And then hope, he reconnects with his orca kin.

Early Tuesday, Canada said it was waiting for the U.S. to OK that plan. In the U.S., NOAA Fisheries said they don't have any plan from Canada.

Then by Tuesday afternoon, NOAA spokesman Brian Gorman said: "Just before I came up here I checked my e-mail, I had something from DFO's public affairs office that said you'll receive something from us shortly."

Harris says that lack of communication between the U.S. and Canada plays into the hands of aquariums that want Luna for display.

"They're licking their chops to get their hands on this animal and their commercial interests are served the longer we wait," he said.

But NOAA's Gorman says it's not that simple: "This can't be just a bunch of men and women sitting around writing things down on the back of an envelope hoping that it's gonna work because Canada needs some guarantees, and so do we."

Harris says while two countries wait for guarantees, time is running out for Luna. Next month, Luna's orca pod begins heading out to the open ocean for the winter.