In a critical move that highlights the growing urgency to protect British Columbia's endangered killer whale population, six environmental groups have launched a lawsuit against two federal ministers. The lawsuit accuses the ministers of delaying the recommendation for an emergency order vital to the survival of the southern resident killer whales. The situation for these majestic creatures has become desperate as interim efforts over the past seven years have failed to deliver significant improvements in their protection.
The lawsuit emerges at a time when the Liberal Party of Canada faces potential decline in the next election, providing the current government with a unique opportunity to leave a lasting environmental legacy. The Salish Sea, home to the endangered whales, is plagued by noise pollution from shipping vessels, with 10-20% of ships producing a staggering 80% of the noise that disrupts the whales' crucial echolocation abilities.
Environmental groups emphasize the necessity for a hard noise cap in the Salish Sea to allow the whales to locate food effectively. Despite ongoing programs encouraging ships to slow down and reduce noise, an emergency order remains essential. This order could mandate quieter engines for ships entering the area or limit the number of vessels transiting Vancouver ports, aligning with federal threat assessments that confirm an "imminent threat still exists" to the survival of these whales.
The population of southern resident killer whales has dwindled to just 73 individuals, exacerbated by recent deaths. The survival of this fragile population hinges on decisive governmental action. Although legislation does not specify when ministers must recommend an emergency order, court precedent suggests July 2025 would be too late. The power to recommend and issue such an order still lies with the ministers and Cabinet, respectively.
Misty MacDuffee, a prominent environmental advocate, underscores the need for meaningful protection measures, stating:
"But [protection measures] have to be meaningful. They have to be meaningful for the whales." – Misty MacDuffee
The call for action is further echoed by Imalka Nilmalgoda, who highlights the increasing urgency:
"The urgency of their situation is only increasing with each passing day," – Imalka Nilmalgoda
The Salish Sea's noise pollution problem is compounded by ongoing port expansions like Roberts Bank Terminal 2, which environmental groups and expert panels argue will further threaten the orcas. Despite these concerns, port authorities persist with their expansion plans.
Misty MacDuffee warns of dire consequences if reproductive females continue to be lost from the population:
"If we start losing more reproductive females, we really are into a situation that is hard to turn around." – Misty MacDuffee
The minimum approach distance for small recreational vessels also needs revision. Experts advocate for increasing this distance to 1,000 meters to align with U.S. regulations implemented last year. Such measures could significantly reduce stress on the whales and improve their chances of survival.
With the political landscape described as "a bit tumultuous," Imalka Nilmalgoda underscores the critical timing for government action:
"It's a bit tumultuous, obviously, what's happening at the federal political situation," – Imalka Nilmalgoda
Michael Jasny, an environmental law expert, emphasizes the narrow window for both government intervention and whale survival, stating:
"The window is not just closing for the government to act, but for these orcas," – Michael Jasny
The lawsuit and expert warnings highlight a profound choice facing Canadian ministers: act decisively to protect these endangered whales or risk losing them forever.
