Petition: Pacific NW orcas shouldn't be on endangered list
SEATTLE (AP) - Property-rights advocates and California farmers filed a petition on Thursday urging the government to delist Pacific Northwest orcas from the Endangered Species Act, arguing that group of whales is not a sub-species.
"They invented a sub species," said Damien M. Schiff, an attorney for the Sacramento, Calif.-based Pacific Legal Foundation. "Federal officials simply can't create a new sub species classification in order to protect."
The petition was filed with the U.S. Department of Commerce and the National Oceanic & Atmospheric Administration. The government has 90 days to review the petition's findings, which includes science studies commissioned by the law firm that say the orcas aren't any different from other orcas around the world.
A previous petition by this group failed in 2006.
The orcas in question live in the Puget Sound and nearby Canadian waters. They were listed as endangered in 2005. There are about 85 whales divided into three different pods, according to the Center for Whale Research.
The petition alleges that the orcas' endangered listing has affected water supplies to California farmers due to restrictions placed to protect salmon that the orcas eat.
"It seems almost outrageous that a killer whale out in the ocean is reducing our water," said Joe Del Bosque, president of Del Bosque Farms in Firebaugh, Calif. When there is no food in their area, the whales "can migrate."
But conservationist groups dismissed the petition.
"This petition is based on make believe law and made up biology," said Earthjustice spokeswoman Kristen Boyles. "It's a distraction. People up here in the Puget sound area are working hard to protect our orcas. They mean a lot to us, and that's what the focus should be.
Boyles said biologists have determined these orcas have distinct dialects, pod structures and diets.
Noah Greenwald of the Center for Biological Diversity said "the petition argues that the Endangered Species Act does not allow listing of distinct population segments of a subspecies, rather only a species, but have already lost this argument in front of the Ninth Circuit Court of Appeals."
"They invented a sub species," said Damien M. Schiff, an attorney for the Sacramento, Calif.-based Pacific Legal Foundation. "Federal officials simply can't create a new sub species classification in order to protect."
The petition was filed with the U.S. Department of Commerce and the National Oceanic & Atmospheric Administration. The government has 90 days to review the petition's findings, which includes science studies commissioned by the law firm that say the orcas aren't any different from other orcas around the world.
A previous petition by this group failed in 2006.
The orcas in question live in the Puget Sound and nearby Canadian waters. They were listed as endangered in 2005. There are about 85 whales divided into three different pods, according to the Center for Whale Research.
The petition alleges that the orcas' endangered listing has affected water supplies to California farmers due to restrictions placed to protect salmon that the orcas eat.
"It seems almost outrageous that a killer whale out in the ocean is reducing our water," said Joe Del Bosque, president of Del Bosque Farms in Firebaugh, Calif. When there is no food in their area, the whales "can migrate."
But conservationist groups dismissed the petition.
"This petition is based on make believe law and made up biology," said Earthjustice spokeswoman Kristen Boyles. "It's a distraction. People up here in the Puget sound area are working hard to protect our orcas. They mean a lot to us, and that's what the focus should be.
Boyles said biologists have determined these orcas have distinct dialects, pod structures and diets.
Noah Greenwald of the Center for Biological Diversity said "the petition argues that the Endangered Species Act does not allow listing of distinct population segments of a subspecies, rather only a species, but have already lost this argument in front of the Ninth Circuit Court of Appeals."
Stupidity + Greed=bad news for whales. Â Can't believe that a group who has no clue about the Southern Resident Killer Whale population would see protection for the whales as anti-farming. Â These whales have endured so much. Â In the 1940s, the government allowed the armed forces to use orcas for target practice. Â In the 1950s, commercial fishermen regularly shot at orcas (you could know where the whales were just by following the sound of gunfire). Â In the 1960s, marine parks stole 49 SRKWs from our population (almost all were young females, who on average have 4-6 babies, so in reality we lost more than 150). Â In the early 1970s, regulations required the non-use of PCB, an industrial lubricant that is a persistent, fat-soluble toxin that is an immuno-supressor and an estrogen-mimic, which stays in the orcas. Â Now they are facing a huge reduction in salmon (only 10% of historic levels), the introduction of PBDEs (flame retardant), DDT (coming up from South America and showing up in L Pod).
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So YES, these whales are worth saving. Â And YES, the regulations in place are for protecting a distinct sub-species of orca. Â They are unique in that they have a specific dialect only used by SRKWs. Â They breed only within the SRKW community. Â They feed on an endangered species (chinook salmon, which are also listed on the ESA).
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So, PLF, why don't you use the money for this suit and apply it where it would do some good--solving how to reclaim waste water on farms. Â Or on finding alternative sources of water, energy, etc. Â You are placing the survival of 85 whales in jeopardy so that 2 farms can stay in business and do business as usual. Â Thanks but no thanks.
Just one more reason I can't stand CA. Christ, what a sh*th*le that place has turned into.
I suggest that Mr. Joe Del Bosque get the 40 million Californians to head up to the farms there and spit on the ground and so theres your water.
"People up here in the Puget sound area are working hard to protect our orcas. They mean a lot to us, and that's what the focus should be." I too dearly love the orcas... they are beautiful animals BUT this quote is telling me something that since moving to the NW I have discovered... every animal, every tree, every fish is worth more than a human??? I think not!! But everyone here seems to think so...
@me Always the worst argument ever. Humans are animals too. What makes you a better animal then any other animal? I don't think that humans are going to be extinct anytime soon but other animals might if we don't protect them.
"Boyles said biologists have determined these orcas have distinct dialects, pod structures and diets."
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Scientifically, if this criteria is applied to humans as it is here, we would have hundreds of human sub-species, with many falling into an endangered species category.
Only idiots would want to farm in the desert. F California.
"When there is no food in their area, the whales 'can migrate.'" ~Joe Del Bosque
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Slight issue when you're non-migratory...
Dear California. You are lucky they get any water at all. Seems tom me California is always causing problems in Washington. That's why the traffic is terrible and we have gang violence. Please all Californians, leave my state and wildlife alone go back where you came from.
That's funny.
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Seems the folks from Cali want to run away (good for them), but they keep dragging the baggage that they ran away from. Are they psychotic?
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Seriously. 'I hate my current conditions, so I'm gonna take 'em with me and hope it gets better'.
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Just say WA, motor voter, and no criminal left punished to any meaningful example.
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Why would anyone 'go back'?
'Property-rights advocates and California farmers filed a petition on Thursday urging the government to delist Pacific Northwest orcas from the Endangered Species Act'.
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Property-rights advocates and California farmers? Really? Can Anyone tell me why they should have any say in the matter?
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Water seems to be a diminishing resource as of late, so I suggest we cut off all exports to California. Same with electricity.
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Californians and their arrogance never cease to amaze me. It's our water; we can manage it anyway we want, and we don't have to give any to them. And orcas aren't the only animals in these parts that depend on the salmon. There's also seals, sea lions, bald eagles, osprey, maybe even a grizzley or two, etc., and humans enjoy a good salmon now and again. Californians need to grasp reality; they live in a semi-desert environment with a lot of inhabitants. They need to stop watering their lawns and golf courses and stop filling their pools and fountains so that more of their own water can go to agriculture. Maybe then I will have more sympathy for them. Also; the more produce we grow locally, the less California has to grow to feed us, and the little bit less water they need.
 @Des Moines Dame Well said!
Go ahead and delist them, just make sure to maintain the current restrictions on our waterways.
"Boyles said biologists have determined these orcas have distinct dialects, pod structures and diets." Of course they do, they live in a different area then other orcas do. This is nothing new in the animal world and I agree that they are not a subspecies. If these pods moved or dies off new pods will eventually find their way in just as the existing pods did when their first generations moved in. The PNW pods protect their region just as violently as other animals that protect their regions.
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With that said, we need to do everything reasonable to protect our environment. Unless the posters here have not or plan to not procreate then your positions makes no sense for once you unleash your offspring to this world you have allowed an unknown entity to this earth that can and will destroy the environment just as you have as you matured. Just the act of another person on this earth eating and crapping is cause for the destruction of the natural environment. It does not matter how much their parents have tried to raise their offspring as an environmentalist. There has to be common sense injected at some time into the granola debate.
@Beam_Me_Up I have not nor do I plan to procreate but I still believe that with our technology and knowledge,we can learn to take care of the Earth better than previous generatons.
"When there is no food in their area, the whales "can migrate."" ~Joe Del Bosque
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Dear Mr. Del Bosque,
Since California is running out of water, by your logic, some of your 37,691,912 people need to migrate.Â
We suggest you start with the lawyers.
Sincerely,
J Pod.
 @Fooey Patooey! Only if they migrate to Utah or New Mexico...
 @OrcasThunder I was thinking New Jersey.
@Fooey Patooey! @OrcasThunder - actually I think a lot of the 'californians' already migrated from NJ and the east coast. Another migration that didn't turn out so well? LOL.
 @OrcasThunder I can live with that.
 @Fooey Patooey! Jersey goodfellas would eat 'em alive,
@Fooey Patooey! ...half of california have already migrated up here,thats most of our problems.
 @Fooey Patooey! I would agree with that sentiment except it is the Puget Sound region where most of the Californians move to.
"It seems almost outrageous that a killer whale out in the ocean is reducing our water," said Joe Del Bosque, president of Del Bosque Farms in Firebaugh, Calif.
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Funny that the Californian calls Washington water as being his.Â
Yes, lets take them off... while we're at it lets do away with the endangered list all together. Then when we kill everything on this planet I can say I told you so. I understand the farmers need to grow crops, but we aren't the only animals on this planet... its high time we made the hard choices that animals cannot!
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In case you misread this... I am in favor of keeping the orcas on the list.