07/14/2009: ""Now Hear This!""

(Adrian Kilpatrick (bullhorn) with Suzannne Franklin accompanied by Isla Cropper. -P. Kilpatrick photo)

A violation of the ESA [Endangered Species Act] can result in criminal penalties of $50,000 and a year in jail, plus civil penalties of $25,000 for each violation. And, private citizens may start an action against any person, or entitie,s for violations of the ESA.

Last Saturday morning a small protest group of local citizens took the first step in an action against specific offending operators of the San Juan and Victoria whale watching industry. A protest action was launched by San Juan Island residents against commercial whale watch boats following resident orca whales.

The protesters approached a number of whale watch boats and broadcast this message over a megaphone:

“Attention whale watchers: We are a group of islanders who are concerned that our resident population of orcas is moving toward extinction. They need to be left alone! They need the freedom to hunt without the impact of being pursued all day by the whale watch fleet.

“The pursuit of these whales is a violation of the Endangered Species Act, Section 9, and of the Marine Mammal Protection Act Of 1973. You and your customers are violating federal law. You need to stop immediately, and know that by doing so, you are helping to save this group from extinction. If you do not stop immediately, the evidence of your violation will be turned into the National Marine Fisheries Service for prosecution.”

The protesters were echoing a message first brought to San Juan Island by Lynne Barre, and staff members from the biological and legal section of the NMFS (National Marine Fisheries Service), during a federal hearing on the Endangered Species Act, held in Friday Harbor in February of 2007.

At that meeting, Mark Anderson, the founder of Orca Relief Citizens’ Alliance , and co-founder of the Whale Museum, asked why, if it is illegal to pursue the Southern Resident Orca, no legal action is being taken by NMFS?.

The whales were declared endangered over a year ago, without any change in enforcement by the U.S. government.

That may be about to change. The protest group believes it is clear that “what the commercial fleet is doing, all day, every day of the tourist season, with airplane spotters, land scouts, radio and Internet communications, and high-speed boats assuring the success of the chase,” is harassing an endangered species by pursuit.

“It is illegal to pursue an endangered species,” ORCA Chair Mark Anderson commented. “These companies advertise guaranteed whale sightings, and that means they are pursuing them in order to make their money. This is against federal law, and it is time for this law to be enforced, before we lose what is left of these pods.

“Imagine the idea of creating a business to pursue an endangered species! It sounds as crazy as it is.”

The protest group included Adrian Kilpatrick, Isla Cropper, Rowan North, Peter Kilpatrick (CEO of RavenHill), Suzanne Franklin and boat skipper (and past CEO of SmithKlineBeacham) Henry Wendt.

North, a young local filmmaker who grew up on San Juan, took video of the interactions, which the group will turn into NMFS with a legal complaint. He is also making a longer film on the subject.

Kilpatrick described the scene on the water: “While broadcasting this message, we witnessed a typical summer day with the fleet. It was chaos out there. Numerous boats full of whale watchers and operators moved along the edges of a whale pod, while other boats were moving off at high speed to pick up the next shift of paying customers from Victoria. And on the way back in we met the American side of the 1:00 shift out of Friday Harbor, consisting of a seemingly endless line of tour boats on their way out.”

Anderson, also CEO of the Strategic News Service, commended the team in its efforts. “These whale watch operators won’t quit until the last dollar is made, and the last whale is gone -at which time they’ll blame pesticides,” he said. “Virtually all scientists now agree that the whales are dying of starvation dying of starvation, and other studies show us that everything about these whale watch boats accelerates that starvation.

“It is illegal to pursue these whales. They are endangered, and they deserve the protection of the law. We are documenting the violations, and asking NMFS to bring this illegal practice to an end. People who care about whales should watch them from the land, at the Whale Watch Park.”

The group suggested there would be continued protest actions throughout the summer.