Pierce County joins in proclaiming support for legal recognition of rights of Southern Resident Orcas

||| FROM KRISS KEVORKIAN for LEGAL RIGHTS FOR THE SALISH SEA |||

Pierce County, WA (March 29, 2023)— Yesterday, the Pierce County Council voted 4-3 to approve a proclamation that supports action by local, state, federal and tribal governments that secure and effectuate the inherent rights of the Southern Resident Orcas. This proclamation comes after the cities of Port Townsend, Gig Harbor, Langley, Bainbridge Island and Des Moines, along with Jefferson and San Juan Counties, made history by passing similar proclamations.

With a population of nearly one million people, Pierce County became the largest locality in Washington State to pass such a proclamation. Together, the proclamations now represent values from approximately ten percent of the entire population of Washington State.

Southern Resident Orcas (“Orcas”) are culturally, spiritually, and economically important to the people of Washington State and the world. However, despite international, federal and state legal protections for nearly two decades, the population continues to decline and is critically endangered, with only 73 individuals left in the wild. Advocates are concerned that the status quo is inadequate to reverse their decline. As noted by the United Nations, adequately protecting the Ocean requires a change in how humans view, manage and use the ocean.

The legal movement to recognize the rights of species and their habitats is growing exponentially in the United States and globally. Hundreds of Rights of Nature laws exist in approximately 30 countries. Four countries recognize the Rights of Nature nationally, with Panama being the most recent when it passed a national Rights of Nature law in 2022 and a national law recognizing the rights of sea turtles in 2023. There are also dozens of Rights of Nature laws at the local and Tribal levels in the United States, including Santa Monica’s Sustainability Rights Ordinance and the Nez Perce’s resolution recognizing the rights of the Snake River. Both San Francisco and Malibu passed resolutions in 2014 protecting the rights of whales and dolphins in their coastal waters. Additionally, many Indigenous peoples have understood marine species and ecosystems as kin since time immemorial.

The ‘Orca Rights’ movement in Washington State momentum is due, in large part, to a campaign launched by Earth Law Center, Legal Rights for the Salish Sea (a community group based in Gig Harbor, Washington), and partners to protect Southern Resident Orcas based on their inherent rights. Such local organizing is signaling a paradigm shift in society’s relationship with Nature.

“Our Lhaq’temish term for killer whales is qwe’lhol’mechen, meaning “our relations under the waves.” They are members of our family, and we have a sacred obligation to help heal and protect them. Recognizing our relations’ inherent rights is critical to this work. We are guided by ancestors and our culture, and we appreciate these Proclamations that bring us all together in our shared responsibility to our whale relatives and also to our own future generations.”

Squil-le-he-le, Raynell Morris, Lhaq’temish matriarch and Lummi Nation tribal member: “I was thrilled to be able to support the Inherent Rights of Orcas Proclamation. Pierce County is known for its close connection to the Salish Sea and Orcas are an incredibly important part of our identity. People here feel a very personal connection to the Orca and naturally we had an outpouring of support for this proclamation. I look forward to working with my fellow County Councilmembers as well as other public servants, community organizations and our residents on initiatives to improve the health of our waters, increase our salmon population and protect our beautiful Orcas who absolutely have the right to live and thrive in the waters they call home.” Robyn Denson, Pierce County Council, District 7

“Orcas are not only what make the Puget Sound region unique, but are essential to the livelihood of our local ecological community. As residents to the Salish Sea and Puget Sound, Southern Resident Orcas thrive when our environment thrives. The Orca-Salmon connection is vital to Washington’s natural environment, as it has been for thousands of years before. It is our duty to protect the natural environment and prevent further degradation of natural life and environment, both of which make Pierce County distinctive and special. I am a proud sponsor of this bill, and am ecstatic that this was brought forth from members of our community who share the sentiment to protect our ecosystem. This Proclamation is a good step in the right direction to fight for the environment and all of its residents, including those of the Salish Sea and Puget Sound.” Marty Campbell, Pierce County Council, District 5.

Though nonbinding, the local proclamations are communicating what Washingtonians value, and as we have seen with similar movements, including plastic bag bans, they can be a powerful catalyst in the lead to binding State action.” Michelle Bender, Ocean Campaigns Director at Earth Law Center.

Kriss Kevorkian, founder of Legal Rights for the Salish Sea (LRSS), noted, “I’ve heard from scientists just starting in their careers that the Rights of Nature resonates with them far more than the notion of ‘marine mammal management’ ever has. Thankfully, like us, they see that the Southern Resident Orcas have inherent rights as we do.”

“Recognizing the Southern Residents’ legal rights means that we must consider their wellbeing and needs in addition to human interests in decision making, and that they will have a voice in a variety of forums, including courts. One way that could be done is through human guardians acting on their behalf and in their best interests,” explained Elizabeth Dunne, ELC’s Director of Legal Advocacy. “When structures such as the lower Snake River dams interfere with the Southern Residents’ ability to obtain prey (salmon) crucial for their survival, then to realize their rights we must find solutions to remedy the problem.”

Des Moines is a leading city in Puget Sound/South Salish Sea concerning efforts to bring awareness to the health of our waters, including through the MaST Center Aquarium and SR3 – Sealife Response, Rehabilitation and Research operation, along with other efforts concerning local streams that flow into the sound and restoring the salmon population. This proclamation is another step in standing with those who care for and seek the resurgence of our Orca population in our local waters.” Matt Mahoney, Mayor, Des Moines, WA.

Photo of Mayor Matt Mahoney, Elliott Lytle, and Deputy Mayor Traci Buxton in front of Des Moines City Council Members.

“I would like to see the SRO population go back over 100 and keep going higher. They need our help. They are a keystone species of the Salish Sea. I resonate with the idea of The Lummi and other First Nations that consider them to be members of their family, in a literal sense. I find that concept amazing. It shows the high respect and understanding they have of non-human form beings. They’ve had a positive relationship with the SROs and other living beings in the area for thousands of years. That contrasts starkly with much of the modern Western world that sees non-human form beings as mere property or pests, something you can do whatever you want with. I disagree with that view in a moral, scientific, objective, subjective, and spiritual sense. It doesn’t make sense.” Elliott Lytle, Wildlife Advocate, Des Moines, WA.

This effort is also supported by an online change.org petition and declaration of understanding, of which over 10 organizations have signed onto. Earth Law Center created a toolkit to help advocates introduce a resolution to their local communities, share the campaign on social media and other helpful talking points. You can take action and view the toolkit here.

Earth Law Center (ELC) (www.earthlawcenter.org) works to transform the law to recognize and protect nature’s inherent rights to exist, thrive and evolve. ELC partners with frontline indigenous people, communities and organizations to challenge the overarching legal and economic systems that reward environmental harm, and advance governance systems that maximize social and ecological well-being.

Legal Rights for the Salish Sea (LRSS- http://legalrightsforthesalishsea.org/) is a local community group based in Gig Harbor, WA, founded by Dr. Kriss Kevorkian, educating people to recognize the inherent rights of the Southern Resident Orcas. Under our current legal system humans and corporations have legal standing but animals and ecosystems don’t. We believe that animals and ecosystems should also have legal rights, not just protections that can be changed by different administrations.