Protecting Free Willy’s Legacy: Creating a Seaside Sanctuary To Rescue and Rehabilitate the Southern Resident Orca Population

Abstract

The Puget Sound’s southern resident population has reached an alarming all-time low. Three pods make up the population: J, K, and L. The southern resident’s range is wide with pods traveling to the San Juan Islands during the summer months and the inland waterways of the Puget Sound in the fall. The use of ferries and tourism increased on the Puget Sound. This increased human activity on the Puget Sound has drastically depleted the southern resident population and their food source. Recognizing a need, professionals in the field came together to form The Whale Sanctuary Project. The Whale Sanctuary Project is planning the first seaside sanctuary; the sanctuary will also include rescue and rehabilitation component. However, this organization faces many challenges to complete the project. These obstacles, analyzed in turn, include the designated critical habitat of the Puget Sound, the taking of southern resident orcas, and permitting issues. Will the death of J50, Scarlett, an orca in the southern resident population, be in vain, or will efforts to save the southern resident orca population succeed? This Article will discuss the issues surrounding the creation of a whale sanctuary that includes rescue and rehabilitation. Part I will discuss the history of orcas in the Puget Sound and the Whale Sanctuary Project. Part II will discuss the purpose of the Marine Sanctuaries Act and the requirements to create a sanctuary. This section will discuss the permits needed under the National Marine Sanctuaries Act and whether they are feasible at the Whale Sanctuary Project’s proposed site location, as well as the benefits the National Marine Sanctuaries Act offers. Part III will discuss limits under the Endangered Species Act due to the established critical habitat. This section will include the listing of the Southern Resident orca and the issues regarding the Puget Sound as a designated critical habitat. Finally, Part IV will suggest sanctuary-specific regulations.