Federal government protects orca habitat

A new federal government order to protect critical killer whale habitat off B.C.'s coast is being hailed as a major victory by environmental groups.

Until now, Ottawa had been reluctant to regulate orca protection under Canada's Species At Risk Act – it instead argued the whales' habitat was adequately protected under existing laws and regulations.

But that has changed after a coalition of groups, led by Ecojustice, went to court alleging the government shirked its duties under the act.

"It's the very first time the federal government has issued an order protecting critical habitat," said Ecojustice staff lawyer Lara Tessaro.

The area defined as critical habitat for southern resident killer whales covers much of the Strait of Georgia off the Lower Mainland, running through the Gulf Islands and up the east coast of Vancouver Island.

Much now depends on what specific measures the federal government sets out to prevent the destruction of the defined orca habitat.

If environmentalists get their way, it could mean much more stringent regulations governing toxic contamination, boat traffic and perhaps even the allocation of salmon stocks.

They cite findings that noise disturbances such as those from seismic testing, submarine sonar and even surface vessels can seriously impact killer whales.

Tessaro said shipping lanes could be designated within the affected waters – as was done on the east coast to protect right whales.

"There's no reason in theory that British Columbia cannot do the same."

And she suggested the measures may require a hard look at whale watching tour boats.

"There are a vast array of activities in Georgia Strait that pose a threat to whales," Tessaro said. "Whale watching vessels cause whales to use their energy very differently. They have to expend twice the energy to get where they're going if they're being blocked."

Tessaro also hopes the order means accelerated timetables to build improved plants to treat sewage from Metro Vancouver and Victoria.

“To give this order teeth, DFO must keep killer whales’ critical habitat free of tanker traffic and the risk of catastrophic oil spills,” added Will Horter of Dogwood Initiative.

Fears for the southern resident killer whales hit a new high over the past year following the discovery seven adults and calfs of the group had died recently reducing their numbers to about 85.

Scientists had pointed to signs of malnourishment, perhaps as a result of dwindling salmon stocks in recent years.

But good news arrived last week when two newborn killer whales were spotted.