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Tofino-based surfer Peter Devries rides the waves around the Great Bear Rainforest for the documentary about the area. Photograph by: Jeremy Koreski

Judith Lavoie, Times Colonist

When a couple of sea lions swam close to Chris Darimont as he was surfing, he realized that, with his wetsuit and surf board, he looked remarkably like a marine mammal.

That is when the idea came to Darimont, science director for the Raincoast Conservation Foundation, that there should be an opportunity for surfers to speak for the marine mammals of the Great Bear Rainforest and the threats they would face from oil tankers in northern B.C. waters if the Enbridge Gateway pipeline was approved…

Read the full story  http://www.timescolonist.com/technology/Surfers+documentary+speaks+life/6068313/story.html#ixzz1ktM3meVB

Published: August 31, 2011

Broader public consultation and a thorough risk assessment are needed before a decision to increase the quantity of crude oil shipped through the southern Gulf Islands by more than 200 per cent by 2016 is made, says a group of concerned Gulf Islands residents and environmental organizations.

“The implications of these expansions are enormous both globally and locally, and the Salish Sea populace will be asked to bear the immediate risks with virtually no public engagement,” said Misty MacDuffee, a resident of North Pender Island and biologist with Raincoast Conservation Foundation.

National Energy Board commissioners are about to conclude discussions to determine how the group will proceed with Kinder Morgan Canada’s most recent application to increase the capacity along the Trans Mountain pipeline between Edmonton and the company’s Westridge Marine Terminal on Burrard Inlet from 300,000 barrels of oil per day to 380,000 barrels per day. That’s enough oil to fill the gas tanks of about 1.5 million average-sized cars each day.

By 2016, MacDuffee said, subsequent applications seek to increase that number to approximately 700,000 barrels per day.

To read the rest of this article please visit the Gulf Islands Driftwood website.

By Briony Penn

With feds like these, who needs enemies?

Southern resident orcas are set to swim back into Canadian and US courts this spring with the hopes of jumping two major legal hoops that could finally protect the marinescape for these endangered species.

The Canadian courts are reconvening after the federal fisheries minister launched an appeal against Justice James Russell’s historic ruling in December 2010. That ruling said it was unlawful for the minister to exercise discretionary powers regarding the protection of critical habitat under the Species At Risk Act (SARA).

Meanwhile, across the border, the US Occupational Safety and Health Administration (OSHA) has begun holding hearings into safety precautions around captive orcas, following last year’s death of trainer Dawn Brancheau. Brancheau was dragged into the water by Tilikum, the same whale who killed Kelsie Burns at Sealand here in Victoria in 1992. An October 2010 investigation found the marine park of SeaWorld Orlando had wilfully exposed employees to life-threatening hazards when interacting with orcas. The spring hearings may well impact the future viability of orcas in aquariums, and thereby have consequences for the multi-billion dollar industry that keeps them there. They may also improve Orca Lab’s bid to retire L Pod’s “Lolita” back to her home in the Salish Sea, after 40 years of jumping hoops in small tanks.

Two Victoria women are helping to lead the charge and raise awareness around each of these historic appeals.

Taking on the federal fisheries minister in the Canadian courts with Ecojustice lawyer Margaret Venton, and backed by eight other ENGOs, is applicant Misty MacDuffee of Raincoast Conservation Foundation (www.raincoast.org).

MacDuffee, a long-time campaigner and researcher on salmon, bears and whales, has been blogging about the case from the original court hearings last summer to the appeal this spring. MacDuffee states: “We were arguing—as did the scientists who made the recommendations to government—that the threats to habitat need to be addressed if we are to put the whales on the road to recovery. We also argued that the federal Species at Risk Act obliged the Minister of Fisheries and Oceans to do this.”

To read the rest of this article, please visit the FOCUS online website.

By Chris Genovali, Paul Paquet and Misty MacDuffee

With the conclusion of the international Marine Conservation Congress, recently held on Vancouver island, we cannot help but reflect on the current, and future, status of Canada’s Pacific coast.Our unique coastal region is comprised of a fragile archipelago with a boundary between land and ocean that changes by the hour, by the season, and over the millennia. The fragmented island and inlet nature of this ecosystem, nourished by the waters of the North Pacific, sustain more diversity of plants, wildlife, and people than occurs elsewhere in North America. The distinct assembly of iconic animals such as whales, dolphins, wolves, and bears make the coast of British Columbia qualitatively different from most other exceptional places in the world. Notably, these mammals, together with another 120 species of birds, are tied to the sea.

To read the rest of this article please visit the CounterPunch website.

Citation: Williams, R.W., Erin Ashe  and Patrick D. O’Hara. 2011. Marine Mammals and Debris in Coastal Waters of British Columbia, Canada. Marine Pollution Bulletin.  In press.

Download the press release Marine Debris Press Release

Download the paper Williams_etal_MPB[2011]

A new study has estimated that the inshore waters of coastal BC are filled with approximately 36,000 pieces of garbage, most of which is plastic.  CFAX host Adam Stirling speaks with Raincoast’s Misty MacDufee about the study and what it means for marine animals.

Click here to listen

What we do know is that marine garbage is ubiquitous and wreaking havoc at every level of the marine environment.

A new B.C. study estimates there are 36,000 pieces of “synthetic marine debris” — garbage the size of fists to fridges — floating around the coastline, from remote inland fiords to 150 kilometres offshore.

Of that, 49 per cent is Styrofoam or similar polystyrene products, 15 per cent plastic bottles, 10.5 per cent plastic bags and 6.3 per cent fishing gear. The rest of the garbage, slightly less than 20 per cent of the total, includes plastic, cardboard, wrappers, buoys, aluminum cans, and so on.

There are heavier concentrations of garbage in some places than in others — Victoria, Langara Island off northern Haida Gwaii, and the Cape Scott area of northern Vancouver Island, for example — perhaps due to ocean currents creating eddies that collect trash.

The study was conducted over three summers aboard the Raincoast Conservation Society’s 21-metre sailboat; visual sightings during line-transect surveys were combined with computer modelling to interpolate results for the entire coast.

The estimates do not include garage on beaches or unseen debris in the water column or ocean bottom.

“It’s the tip of the iceberg,” confirms Rob Williams, a researcher with the University of B.C. marine mammal research unit and lead author of the study, soon to be published in Marine Pollution Bulletin.

To read the rest of the story please vist the Vancovuer Sun at Ocean Garbage: Floating landmines.

Read more: http://www.vancouversun.com/technology/Ocean+garbage+Floating+landmines/4460738/story.html#ixzz1HJ2K9vIu

For immediate release:

Sidney BC – Researchers from the University of St Andrews, Raincoast Conservation Foundation, Oceans Initiative and Environment Canada teamed up to assess the presence and potential threats from floating plastics and other debris to BC’s marine animals.

The study, part of a larger effort to survey marine mammals, estimated that the inshore waters of coastal British Columbia are filled with approximately 36,000 pieces of garbage with the most common form being Styrofoam, followed by plastic bottles and plastic bags.

Marine debris can pose a threat to birds and mammals that accidentally consume garbage, thinking that it is food or become entangled in lines or mesh. A third, but little studied area of concern, is the sublethal effect from plastic’s toxic properties.

“While there is evidence to suggest that the problem of marine pollution is pervasive, most animals that die from consumption or entanglement do so at sea, and their carcasses are rarely found or analyzed,” explained the study’s lead scientist Dr. Rob Williams. “There have been few attempts to quantify the scale of the marine garbage problem.”

This study was intended to further awareness and understanding of BC’s marine debris problem by first surveying floating garbage at sea, then mapping areas where marine mammals and garbage are likely to overlap, and finally identifying higher-risk areas.

“Surprisingly, marine plastic density was greatest in remote coastal waters such as those off Prince Rupert, Langara Island and Cape Scott rather than urban areas such as Vancouver,” said study co author Erin Ashe.  These areas are habitat for Pacific white-sided dolphins, humpback whales and elephant seals, among others.  One of the highest risk areas for BC’s endangered fin whales was off Gwaii Haanas National Park Reserve.”

The study also makes recommendations for better evaluation of debris risks to BC’s marine mammals.  “BC elephant seals have been recovered with Styrofoam in their stomachs and a grey whale recently recovered in Washington State had gallons of marine debris in its stomach,” said Raincoast researcher Misty MacDuffee, “Are animals in BC dying from ingestion or entanglement, and if so, on what scale?  We need a better handle on the threat that marine debris is posing to our marine wildlife.”

Estimates from California suggest that 60-80% of marine debris has its origin on land. So it is far easier and cheaper to reduce input of garbage than to do clean-up after the plastic has reached the ocean.  Allocating funds for volunteer groups to strategically target beach clean-ups in these remote, higher-risk areas is one way to reduce the scale of the problem.  The article will be published in Marine Pollution Bulletin and available online as of March 30th.

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Contacts:

Dr. Rob Williams, University of St Andrews    Email: rmcw@st-andrews.ac.uk or rob@oceansinitiative.org Tel: +1 (44) 01334 467201   Skype: pearseisland   Available: 08:00-21:00 (GMT) or 07:00-14:00 (PST)

Misty MacDuffee, Raincoast Conservation Foundation

Email: misty@raincoast.org Cell: 250-818-2136

January 17, 2011

VANCOUVER — Environmental groups vowed today to fight the Department of Fisheries and Oceans’ (DFO) appeal of a decisive and precedent-setting Federal Court ruling that declared that DFO must protect critical habitat of killer whales and other aquatic species. DFO seeks to overturn the decision and claims that discretionary provisions in the Fisheries Act already legally protect the critical habitat of aquatic species such as the killer whale, rendering protection under the Species a Risk Act unnecessary.

“The court ruled that discretionary laws, such as the Fisheries Act, do not sufficiently protect critical habitat of these endangered species,” said Keith Ferguson, Ecojustice staff lawyer. “DFO is trying to limit the power of the Species at Risk Act, which intends to provide mandatory protection for at-risk species.”

The Fisheries Act gives Minister Gail Shea broad discretion to authorize the destruction of habitat.

“Clearly, discretionary protection doesn’t work,” said Susan Howatt of Sierra Club B.C. “DFO had the power to protect killer whales under the Fisheries Act for decades, during which B.C.’s killer whale population shrunk and became endangered.”

Last year, a conservation coalition, represented by Ecojustice, successfully argued in Federal Court that DFO must legally protect important aspects of critical habitat for southern and northern resident killer whales — such as food supply and marine environment quality.

If DFO’s appeal is successful, killer whales — and the more than 90 other at-risk species that stand to benefit from Judge Russell’s ruling — could have hard-fought legal protection of their critical habitat stripped.

“We’re not backing down,” said Christianne Wilhelmson, executive director of the Georgia Strait Alliance. “DFO would rather waste its time in court instead of focusing its energy and taxpayer money on protecting habitat for at-risk species that urgently need help to survive and recover.”

Background:
Once a species is listed under the Species at Risk Act, the government is required to identify the habitat the species needs to survive and recover — called its critical habitat — and then, for aquatic species, it must show how it plans to protect that habitat or how it is already protected.

For the killer whale, DFO first issued a Protection Statement claiming that existing laws, such as the federal Fisheries Act, policies, guidelines and the exercise of government discretion were enough to provide legal protection for the species. The Federal Court disagreed.

In his December 2010 ruling (attached), Justice Russell declared that: “The Minister of Fisheries and Oceans erred in law in determining that the critical habitat of the Resident Killer Whales was already legally protected by existing laws of Canada; … Ministerial discretion does not legally protect critical habitat within the meaning of section 58 of SARA, and it was unlawful for the Minister to have cited discretionary provisions of the Fisheries Act in the Protection Statement.”

DFO seeks to overturn this ruling.

Ecojustice represents David Suzuki Foundation, Dogwood Initiative, Environmental Defence, Greenpeace, Georgia Strait Alliance, International Fund for Animal Welfare, Raincoast Conservation, Sierra Club B.C., and the Wilderness Committee.

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Contacts:
Keith Ferguson, staff lawyer | Ecojustice
604-685-5618

Susan Howatt, B.C. campaigns director | Sierra Club B.C.
250-888-6267

Christianne Wilhelmson, executive director | Georgia Strait Alliance
604-633-0530 (office) or 604-862-7579 (cell)

Gwen Barlee, policy director | Wilderness Committee
604-683-8220 (w) or 604-202-0322 (c)

For other inquiries, please contact:
Kimberly Shearon, communications associate | Ecojustice
604-685-5618 x242

A coalition of environmental groups from coastal British Columbia is celebrating a federal court’s Dec. 7 decision that confirms the Department of Fisheries and Oceans failed to protect critical habitat for resident killer whales.

“This is a victory not just for the resident killer whales, but for the more than 90 other marine species listed under the federal Species at Risk Act,” said Margot Venton, a lawyer with Ecojustice, in a press release after the decision.

“The court has confirmed that the government must legally protect all aspects of critical habitat from destruction. Now DFO needs to obey its own law.”

The ruling requires DFO implement legally binding regulations to preserve the availability of food and the marine environment in the killer whales’ critical habitat.

“The low abundance of salmon, chemical pollution and physical and acoustic disturbance have all been identified as key threats to the critical habitat of resident killer whales, said Raincoast Conservation’s Misty MacDuffee. “The court has confirmed that DFO is legally required to protect these features. Considering the whales in fishing plans is a first step toward this implementation.”

The decision requires DFO use federal laws as outlined in the Species At Risk Act to protect habitat rather than rely on provincial regulations and guidelines.

Exactly what steps will be taken to protect habitat and food supplies have not been identified and will be up to DFO officials. A Pacific office rep said DFO is reviewing the decision and its options.

The legal challenge stemmed from DFO’s attempt to protect the orca habitat by using voluntary guidelines and non-binding laws outlined in a 2008 Protection Statement. Court heard that a subsequent Protection Order, issued
by DFO in 2009, ignored critical habitat components.

Two distinct killer whale populations live in B.C. waters year round. The southern resident population is estimated at around 85 animals while the northern population is roughly 220.

During the summer months, southern resident pods are commonly seen in Haro Strait and the San Juan Islands, and northern residents are often seen in the Johnstone Strait area.

Though pods have been observed in inshore waters throughout the year, some may go offshore during the winter.

Ecojustice represented the David Suzuki Foundation, Dogwood Initiative, Environmental Defence, Greenpeace, Georgia Strait Alliance, International Fund for Animal Welfare, Raincoast Conservation, Sierra Club of B.C. and the
Wilderness Committee during the proceedings.

A precedent setting legal victory that forces the Canadian federal government to protect the critical habitat of BC’s resident killer whales (salmon eaters) was won this week.  CFAX host Murray Langdon speaks with Raincoast’s Misty MacDufee about the case and what it means  for the whales.

Click here to listen.

Download the judges decision Killer Whale Judgement Dec 2010

By Judith Lavoie, Times Colonist, December 8, 2010

The federal government has failed to adequately protect the habitat of endangered and threatened resident killer whales, a Federal Court judge ruled Tuesday.

Nine environmental groups, which took the Department of Fisheries and Oceans to court over habitat protection, celebrated the ruling as a landmark decision and predicted it will mean changes to fishing plans and ocean noise regulations.

Habitat for the whales includes the water around Vancouver Island and, as lack of salmon, pollution and noise have been identified as the main threats to killer whales, protection could affect fishing, whale watching, disposal of toxins and sewage, military sonar and seismic testing.

It will also affect how government deals with other species at risk, said Margot Venton, Ecojustice staff lawyer, who acted for the coalition of conservation groups.

“The court made a whole bunch of important decisions that, I think, are going to be important in shaping how DFO conducts itself with all sorts of other species,” Venton said.

“This is a victory not just for the resident killer whales, but for the more than 90 other marine species listed under the federal Species at Risk Act,” she said.

DFO needs to act quickly on protecting critical habitat because resident killer whales are in urgent need of help, Venton said.

Southern resident killer whales, of which there are 87 in three pods, are listed as endangered. The northern residents, with about 220 members, are listed as threatened.

DFO offered no specifics Tuesday on how it will comply with the ruling.

“The government is reviewing the decision of the Federal Court and determining its next steps,” DFO spokeswoman Kirsten Ruecker said in an emailed statement.

Misty MacDuffee of Raincoast Conservation said considering whales in fishing plans is a first step.

“We have to start thinking of wildlife in our salmon-management plans, whether it’s bears, wolves or killer whales,” she said.

That would mean in years of low chinook salmon numbers the killer whales would have priority, MacDuffee said.

“This is where the rubber is going to hit the road because DFO doesn’t actually want to give up fish to wildlife,” she said.

The decision could also affect plans for oil supertankers in northern B.C. waters, said Stephanie Goodwin of Greenpeace.

Venton said there are policies dealing with ocean noise, but this could be a catalyst for stronger regulations, which might affect the whale watching industry.

Research from the University of Victoria’s VENUS — Victoria Experimental Network Under the Sea — project released last week showed whales are having to yell over increasing noise from marine traffic.

The lawsuit was launched after the DFO decided in 2008 to legally protect critical habitat using voluntary guidelines and non-binding laws and policies.

Last year, the DFO issued a protection order for killer whale habitat that did not address water quality, food supply or noise pollution.

Federal Court Judge James Russell ruled that “the minister of fisheries and oceans erred in law in determining that the critical habitat of the resident killer whales was already legally protected by existing laws of Canada.”

The judgment says voluntary protocols and guidelines do not legally protect critical habit.

Also, it was unlawful for government to exclude ecosystem features, such as availability of prey and acoustic and environmental factors, from the scope of the protection order, Russell ruled.

For the full 127 page ruling by Justice James Russell click here  Killer Whale Judgement Dec 2010

As British Columbia’s southern resident killer whales return to local waters, many scientists and citizens are growing increasingly concerned for their future. Even with new arrivals in local pods, the population still needs to show clear signs of recovery.

One action we hope will help is a legal challenge launched against the Canadian federal government. You might ask, how will a lawsuit help whales? As with science and law, it can get murky, but the case hinges on a key point critical habitat.

For the rest of the article visit The Georgia Straight at:

MEDIA RELEASE  June 15, 2010

VANCOUVER – Conservation groups, represented by Ecojustice, are back in Federal Court today after launching a lawsuit against Canada’s Department of Fisheries and Oceans (DFO) over the protection of B.C.’s resident killer whales.

If successful, the case will ensure stronger legal protection for all of Canada’s endangered species.

The coalition, made up of nine leading environmental groups, alleges that DFO failed to legally protect all aspects of critical habitat for southern and northern resident killer whales. Critical habitat is defined as the habitat endangered or threatened species need to survive and recover.

The government’s own science shows that for resident killer whales, critical habitat is more than just a place on a map – it includes clean and quiet marine waters and available salmon, their primary food source.

“There is no ‘later’ for these whales,” said Margot Venton, Ecojustice staff lawyer. “Our killer whales need legal protection of their critical habitat. They can’t live in a polluted ocean without fish.”

In 2008, DFO issued an unlawful protection statement that sought to safeguard habitat using voluntary guidelines and non-binding laws and policies. In 2009, Ottawa issued an order for resident killer whale critical habitat protection. The order however, fails to address the biological aspects of critical habitat, including water quality, noise pollution and declining salmon stocks. The coalition alleges that the government has unlawfully interpreted its own law and breached the terms of the Species At Risk Act.

The resident killer whales are made up of two distinct populations that live in B.C. waters year-round. The southern resident killer whales are listed as “endangered” with about 85 members remaining, while approximately 235 “threatened” northern residents survive. Both species are listed under Canada’s Species At Risk Act, which requires DFO to create plans for their recovery and protection.

Ecojustice represents David Suzuki Foundation, Dogwood Initiative, Environmental Defence, Greenpeace, Georgia Strait Alliance, International Fund for Animal Welfare, Raincoast Conservation, Sierra Club of BC, and the Wilderness Committee in this lawsuit, which has implications for the more than 400 endangered and threatened species listed under the Species At Risk Act.

The hearing begins today at 9:30 a.m. in the Federal Court of Canada (701 West Georgia Street, Room 702). Proceedings are expected to last five days, and will take place June 15-18 and June 22.

For multimedia requests or other media inquiries, please contact:
Kimberly Shearon, Communications Associate | Ecojustice
604-685-5618 x242

For comment, please contact:

Devon Page, Ecojustice | Executive Director
604-685-5618 x233

Gwen Barlee, Wilderness Committee | Policy Director
604-683-8220 or 604-202-0322

Charles Campbell, Dogwood Initiative | Communications Director
250-858-9990

Chris Genovali, Raincoast Conservation | Executive Director
250-655-1229 x225

Susan Howatt, Sierra Club BC | Campaigns Director
250-888-6267

Sarah King, Greenpeace Canada | Oceans Campaigner
778-227-6458

Misty MacDuffee, Raincoast Conservation | Biologist
250-818-2136

Scott Wallace, David Suzuki Foundation | Fisheries Analyst
778-558-3984

Christianne Wilhelmson, Georgia Strait Alliance | Executive Director
250-753-3459 or 604-862 7579