U.S. cities declare inherent rights for endangered orcas that swim in the Salish Sea

Two American cities nearBritish Columbia have takenefforts to protect endangeredSouthern resident orcasthat have become a political poster child for climate change on both sides of the border.

On Dec. 5, David Faber, the mayor of Port Townsend in the northern coast of Washington State, nearly 60 kilometres southeast of Victoriasigned aproclamationdeclaring the inherent rights of orcas.

Those include "the right to life, autonomy, culture, free and safe passage, adequate food supply from naturally occurring sources, and freedom from conditions causing physical, emotional, or mental harm," reads the document.

A week later on Dec. 12, the mayor of Gig Harbor, 28 kilometres south of Port Townsend,did the same.

Southern resident orcas,commonly known as killer whales, are endangered species in both Canada and the U.S. According to Fisheries and Oceans Canada,their numbers have dwindled to an estimated 73 whales this year.

The chinook challenge

The southern residents have no natural enemies but face threats from pollution and climate change.

They feast solely on chinook salmon, and the population of that particularfish has fallen dramatically over the last 100 years due tohuman actions including farming, the construction of dams, industrial activity, and the destruction of estuaries.

The fragile food chain is also threatened by temperature changes in the ocean.

According to the United Nations, the oceans absorb about 30 per cent of carbon dioxide produced by humans.This CO2 intake is changing the chemistry of the water, creating a ripple effect on the food chain.

Michelle Bender, ocean campaigns director for the Earth Law Center in the U.S., describesthe proclamations asa dream come true something she and other activists have pushed for for years.

"This emerging legal framework is really taking off internationally. We're seeing it in over 30 countries, from the local to national level," said Bender.

Legal implications

While the proclamations are not legally binding, Bender says they serve as value statements and community affirmations that can be used as a spring board for further action.

Speaking on CBC's On The IslandWednesday, Bender said she is hoping to get more communities in Washington State to do the same thing as a way to pressure the governor to take state action.

Victoria Shroff, an animal law lawyer and professor based in Vancouver, says she likes the idea even if the proclamations aren't legally binding.

"It's asking for co-operation, to utilize principles of onehealth: interconnection between human lives and animal lives," she said.

Shroff also said the move acknowledges that orcas are sentient beings who are clearly intelligent and have their own culture.

Bender and Shroffsay they are excited tosee the idea of "rights of nature" recognizing the rights of the environment and all living species that inhabit it continue to grow.

CBC reached out to Fisheries and Oceans Canada (DFO)for astatement regarding the U.S.'s declarations,butthe DFOsaid it would not be able to comment in time for publication.

For more on the threatsto the southern resident killer whales and the efforts to save them, listen to theCBC British Columbia original podcastKillers: J Pod On The Brink, hosted by Gloria Macarenko.