Killer Whale Court Win Offers Hope for Many Marine Animals In a case with implications for all aquatic animals in the area, Canada ’s Federal Court ruled in December that the Department of Fisheries and Oceans had failed to adequately protect critical habitat of British Columbia’s resident Killer Whales. The decision comes at a critical time, as the government considers a proposal for oil supertankers in key habitat. Killer whales are listed under Canada’s Species at Risk Act. At first, the DFO sought to protect critical habitat using voluntary guidelines and non-binding laws and policies. Ecojustice sued, representing the David Suzuki Foundation, Greenpeace and seven other groups..... The judge Justice Russell noted that the DFO was required to issue a recovery strategy for the Killer whales by June 2006, but that DFO bureaucrats tried to edit it repeatedly until finally, in March 2008, the DFO posted it to the public registry. Several months later, the lawsuit began, challenging the DFO-issued guidance to prevent destruction by industrial activity, harmful fish-catching gear, and anchors. The government-issued documents avoided dire human threats to critical habitat, including taking the salmon, the whales’ natural food and toxic contamination. Endangered species the judge wrote, do not have time to wait for DFO to get it right. Interestingly the judge noted case law under the U.S Endangered Species Act of 1973 such as that intended to protect the Yellowstone grizzly bear population. The judge calling Canadian officials evasive about the question decided that ecosystem features involving acoustics, water quality, and salmon -- more than the seabed, that is -- need enforceable protections. The judge insisted that “if this dispute is not resolved there could be serious collateral consequences for other species in need of protection but lacking champions to bring their cause before the Court. The judge also noted that the DFO had tried to undercut the mandatory prohibitions of the Species at Risk Act. Under the older Fisheries Act, the government can impair critical habitat, and putting toxins into waters frequented by fish can be done through regulation at the Cabinet’s discretion. The Minister of Fisheries and Oceans has broad discretion to permit harmful sports and commerce under the Fisheries Act. Parliament recognized that times have changed and that a more coercive approach was necessary for species protection, stated the court. Whales and by extension the marine bio community of British Columbia effectively won this case. They have what amounts to the right to food and to exist as a community. Sea Change...The last thing sea animals need is an ocean full of plastic and discarded food containers. In 2010, as reported by Surfline, one South Orange County beach clean-up at the pier collected more than 37,000 pieces of polystyrene. Change is coming. Effective July 2011 San Clemente Calif will banish plastic foam bowls, plates, trays, cups and containers at businesses serving food. Given the cost of cleaning and processing the material theres no meaningful recycling of foam containers. Other materials, city officials say are available, though at higher cost. @The KILLER WHALEs say THANK YOU x
Posted on: Fri, 18 Jul 2014 21:16:48 +0000