By Joe Copeland
From Crosscut.com

A conservative legal foundation has won a National Oceanographic and Atmospheric Administration review of endangered species protections for Puget Sound’s beloved orcas. NOAA FIsheries said this morning that it had accepted the Pacific Legal Foundation’s request that it study dropping the Endangered Species Act protection status of the Southern Resident killer whale population, which spends part of the year in Puget Sound and the San Juan Islands.

The agency said the petition from the foundation “presents new information about genetic samples, data analysis and interpretation.” Pacific argued in August that the struggling population of orcas (there are fewer than 90) here shouldn’t be protected as a distinct species but are part of a thriving, worldwide species of killer whales. The foundation filed petitions on behalf of two California farms affected by water restrictions meant to protect the orcas as they travel along the Coast.

In a Q&A on its site, NOAA said the review doesn’t mean that it is likely that the protections will be overturned but that the petition raised a reasonable possibility that it merits overturning the endangered status of the killer whales. Comments will be sought and a decision made by August of next year.

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