The Case for a Southern Resident Killer Whale Emergency Protection Order under Canada's Species at Risk Act

Southern Resident Killer Whales inhabiting the coastal and near-coastal waters of southern British Columbia and northern Washington State are listed as endangered under the Canadian Species at Risk Act (SARA). Extensive research of these whales and other marine mammals indicates that a healthy under...

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Bibliographic Details
Published inJournal of environmental law and practice Vol. 32; no. 2; pp. 137 - 161
Main Authors Rehberg-Besler, Nicolas, Jefferies, Cameron S G
Format Journal Article
LanguageEnglish
Published Toronto HAB Press Limited 01.03.2019
Subjects
Acoustic noise
Acoustics
Animal communication
Aquatic mammals
Coastal environments
Coastal waters
Conservation
Endangered & extinct species
Endangered species
Expansion
Federal government
Habitats
Hazards
Judicial reviews
Marine mammals
Marine pollution
Marine transportation
Noise
Oil tankers
Orcinus orca
Pollution dispersion
Risk
Shipping
Soundscapes
Species at Risk Act-Canada
Threats
Underwater
Underwater acoustics
Whales & whaling
Canada
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Summary:Southern Resident Killer Whales inhabiting the coastal and near-coastal waters of southern British Columbia and northern Washington State are listed as endangered under the Canadian Species at Risk Act (SARA). Extensive research of these whales and other marine mammals indicates that a healthy underwater acoustic soundscape is a vitally important aspect of successful conservation. Unfortunately, the Southern Resident Killer Whale's critical habitat, as defined in a protection order pursuant to SARA, entirely overlaps with important shipping routes wherein vessels constantly emit significant underwater noise. The recently approved Trans Mountain Pipeline Expansion Project predicts a sevenfold increase in oil tanker traffic in the Southern Resident Killer Whale critical habitat, further threatening and eroding the underwater acoustic environment. Canada's federal government consistently encourages the protection and recovery of species at risk, but simultaneously approves projects that jeopardize and undermine conservation efforts and commitments. We review current issues associated with the Trans Mountain Project as they relate to Southern Resident Killer Whales, the underwater acoustic soundscape, and developing conservation efforts. By approving the Project before new vessel noise regulations are created or soundreducing technology is mandated, an Emergency Protection Order pursuant to Section 80 of SARA may be warranted to protect the Southern Resident Killer Whales against the impact of acoustically degraded critical habitat.
ISSN:1181-7534