ENSTU 300: Critical Thinking & Communication in Environmental Studies 1

Saving Southern Residents

Ryan Laguercia, Environmental Studies Program, California State University
Monterey Bay

Image Source: Su Kim/ NOAA Fisheries

popular belief is that if adequate action is

Policy Context
not taken, the southern resident population
will go extinct, resulting in the loss of a key
One of eleven different recognized ecotypes
indicator species for the health of our
of killer whale (Orcinus Orca), the southern
oceans.
resident population is struggling to survive.
Decades of urban development along the
Federal Policy
North Pacific coast have left its apex
predator vulnerable to many human-caused
Two key federal policies provide protections
stressors such as lack of availability of prey,
for this critically endangered population:
exposure to toxic contaminants, and noise
The Endangered Species Act of 1973 and
pollution (Phillips, 2020). Several federal,
the Marine Mammal Protection Act of 1972.
state, and local policies have been enacted to
help conserve this keystone predator, as
ENSTU 300: Critical Thinking & Communication in Environmental Studies
The purpose of the Endangered Species Act
(ESA) is to “provide a means whereby the
ecosystems upon which endangered species
and threatened species depend may be
concerned, and to provide a program for the
conservation of such endangered species and
threatened species” (Endangered Species
Act, 1973). The National Oceanic &
Atmospheric Administration (NOAA) and
U.S. Fish and Wildlife share responsibility
for implementing the ESA. Additionally,
NOAA fisheries are responsible for
developing recovery plans and designation
of critical habitats for species listed under
the ESA (NOAA Fisheries). When a species
is classified as endangered, it is illegal for
“any person under U.S. jurisdiction to
"take," meaning harass, harm, pursue, hunt,
shoot, kill, capture, collect, or attempt to do
any of these things as it relates to the
designated species. Furthermore, it is illegal
to import, export, or transport and sell
endangered species in interstate or foreign
commerce” (NOAA Fisheries). Southern
resident killer whales were identified as an
endangered species in 2005. Under this
designation, they are entitled to the
protections outlined in the ESA; however, it
is important to note that “no provision of
this Act shall take precedence over any more
restrictive conflicting provision of the
2
Marine Mammal Protection Act of 1972”
(Endangered Species Act, 1973).
The primary objective of the Marine
Mammal Protection Act (MMPA) is to
conserve species and protect population
stocks of marine mammals that are, or may
be, in danger of extinction or depletion as a
result of man's activities. In particular,
efforts should be made to protect the
rookeries, mating grounds, and areas of
similar significance for each species of
marine mammal (Marine Mammal
Protection Act, 1972). Similar to the ESA,
NOAA fisheries and U.S. Fish and Wildlife
share responsibility for implementing the
protections of the MMPA, with NOAA
fisheries presiding over cetaceans and
pinnipeds and Fish and Wildlife over
manatees, otters, and polar bears.
Additionally, the Marine Mammal
Commission provides independent oversight
of domestic and international policies of
federal agencies as they relate to addressing
human impacts on marine mammals and
their ecosystems (NOAA Fisheries).
State Policy
In addition to the protections at the federal
level, the state of Washington has enacted
ENSTU 300: Critical Thinking & Communication in Environmental Studies 3

several policies to aid in the recovery of resident killer whales are strictly fish eaters,
southern resident killer whales. Foremost of and chinook salmon comprise close to 80%
these policies is executive order 18-02. of their diet. (Southern Resident Killer
Signed by governor Jay Inslee in 2018, this Whales, 2021)(see figure 1.).
executive order established a southern
resident killer whale task force led by Figure 1. A pie chart detailing the composition of the
southern resident killer whale diet.
members of the Washington state
departments of agriculture, commerce,
ecology, health, and transportation. The
purpose of this task force is “to identify,
prioritize, and support the implementation of
a longer-term action plan needed for the
recovery of Southern Residents and
necessary to secure a healthy and sustained
population for the future”(Exec. Order No.
18-02, 2018). Recommendations made by
the task force to support southern resident
conservation include: increasing the
abundance of chinook salmon, decreasing
It is the main goal of this bill “to
noise pollution related to vessel traffic, and
increase chinook abundance, and actions
reducing exposure to toxic pollutants for
related to habitat protection, protection of
both southern residents and their prey. It is
chinook prey, such as forage fish, and
these recommendations that formed the
reducing impacts of nonnative chinook
basis for Washington’s crucial killer whale
predators” (H.B. 1579, 2019).
recovery bills (Southern Resident Orca
Whale Recovery).
Washington Senate Bills (S.B.) 5577 and
5135 aim to tackle pollution-oriented
Washington House Bill 1579 implements
problems faced by southern resident killer
recommendations of the southern resident
whales. S.B. 5577 establishes new
killer whale task force in regards to
guidelines for how commercial vessels
increasing prey abundance. Southern
ENSTU 300: Critical Thinking & Communication in Environmental Studies
interact with southern residents, making it
illegal for a vessel or object to approach in
any manner within three hundred yards of a
southern resident killer whale. Additionally,
it is illegal to “position a vessel to be in the
path of a southern resident orca whale at any
point located within four hundred yards of
the whale” (S.B. 5577, 2019). These
protections reduce the whales’ exposure to
vessel noise pollution while still allowing
for a safe and economically viable whale
watching industry. S.B. 5135 examines
preventative measures for toxic pollutants
entering the environment. Section 1 of this
bill cites southern resident killer whales as a
species “disproportionately or more severely
affected by priority chemicals” (S.B. 5135,
2019). It is imperative that chemicals such
as PCBs, DDT, and other newer pollutants
like those found in flame retardants be
adequately addressed, as data suggests that
they are preventing southern resident killer
whales from increasing at a rate required for
recovery (Southern Resident Killer Whales,
2021).
Literature Cited
Endangered Species Act, PL 93-205-- 93rd
Congress (1973)
4
https://www.govinfo.gov/content/pkg
/STATUTE-87/pdf/STATUTE-87-Pg
884.pdf
Exec. Order No. 18-02 (March 14, 2018)
https://www.governor.wa.gov/sites/d
efault/files/exe_order/eo_18-02_1.pd
f
H.B. 1579, 2019 Reg. Sess. (Wash. 2019).
https://app.leg.wa.gov/billsummary?
BillNumber=1579&Initiative=false&
Year=2019
Marine Mammal Protection Act, PL
92-522–92nd Congress (1972)
https://www.govinfo.gov/content/pkg
/STATUTE-86/pdf/STATUTE-86-Pg
1027.pdf
N. O. A. A. Fisheries (n.d.). Laws &
Policies: Endangered Species Act .
NOAA. Retrieved
March 4, 2022, from
https://www.fisheries.noaa.gov/topic/
laws-policies#endangered-species-ac
t
N. O. A. A. Fisheries (n.d.). Laws &
Policies: Marine Mammal Protection
Act. NOAA.
Retrieved March 5, 2022, from
https://www.fisheries.noaa.gov/topic/
laws-policies#marine-mammal-prote
ction-act
ENSTU 300: Critical Thinking & Communication in Environmental Studies 5

issues/energy-environment/southern-
Phillips, S. (2020, March 24). The Southern resident-orca-recovery
Resident Killer Whale population is
in trouble, serious trouble. | Home.
Hubbs SeaWorld Research Institute.
Retrieved February 10, 2022, from
https://hswri.org/the-southern-reside
nt-killer-whale-population-is-in-trou
ble-serious-trouble/

S.B. 1535, 2019 Reg. Sess. (Wash. 2019)

https://app.leg.wa.gov/billsummary?
BillNumber=5135&Initiative=false&
Year=2019

S.B. 5577, 2019 Reg. Sess. (Wash. 2019).

https://app.leg.wa.gov/billsummary?
BillNumber=5577&Chamber=Senat
e&Year=2019

Southern Resident Killer Whales. (2021,

August 6). US EPA. Retrieved
February 17, 2022, from
https://www.epa.gov/salish-sea/south
ern-resident-killer-whales

Southern Resident Orca Whale Recovery.

Governor Jay Inslee. (n.d.).
Retrieved March 5, 2022, from
https://www.governor.wa.gov/issues/