The Rights of Nature movement continues to grow in the Pacific Northwest. The City of Des Moines joins four cities and two counties proclaiming support for legal recognition of the rights of the Southern Resident Orcas
FOR IMMEDIATE RELEASE: March 9, 2023
Contacts: Michelle Bender (mbender@earthlaw.org, 509 218 9338)
Kriss Kevorkian (kriss@legalrightsforthesalishsea.org, 310 508 5544)
Des Moines, WA (March 9, 2023)— The Mayor and City Council Members of the City of Des Moines, signed a Proclamation describing the City of Des Moines support for action by local, state, federal and tribal governments that secure and effectuate the inherent rights of the Southern Resident Orcas. This Proclamation (included below) comes after the cities of Port Townsend, Gig Harbor, Langley and Bainbridge made history by passing similar proclamations. Jefferson County passed their own proclamation in January and San Juan County followed shortly thereafter.
The Southern Resident Orcas ("the 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. There is concern that our actions to date have simply not been enough to reverse their decline, and that transformative, system, and value based change is needed.
This momentum is due to a campaign launched by Earth Law Center and Legal Rights for the Salish Sea (a community group based in Gig Harbor, Washington) where local organizing is signaling a paradigm shift in society’s relationship with Nature. “Though nonbinding, the local proclamations are communicating what Washingtonians value and as we have seen with similar movements, including plastic bag bans, can be a powerful catalyst in the lead to binding State action.” Michelle Bender, Ocean Campaigns Director at Earth Law Center.
“Des Moines is a leading city in Puget Sound/South Salish Sea concerning efforts to bring awareness to the health of our waters. Des Moines has the MaST Center Aquarium in partnership with Highline College to educate our students regarding the sound and it’s sea life, we host SR3 – Sealife Response, Rehabilitation and Research operation which nurses sea creatures to health with the mission to return these animals to the wild and better understand their health and survival, our city also has the Maritime High School (a state high school program dedicated to our waters health and future) located within our boundaries, 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.
“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
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 should have the same rights as we do."
Legal rights for species and their habitats is not new. Indigenous understandings of our kinship with other beings has existed since time immemorial. Hundreds of Rights of Nature laws exist in approximately 30 countries, with dozens 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.
"Supporting the inherent rights of our beloved Southern Resident Orcas protects the Pacific Northwest environment for all living creatures.” Sharon Grace, attorney and long-time San Juan Island orca advocate.
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.
Additional Quotes:
“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.” says Squil-le-he-le, Raynell Morris, Lhaq’temish matriarch and Lummi Nation tribal member.
“If any population of animals on the planet warrant personhood it would be the Southern Resident Orcas. They are the most well studied population of animals on the planet. And over the past 50 years, we've come to see them as conscious individuals who are tightly bonded with their family members and clan. The Southern Resident Orcas co-evolved in the Pacific Northwest with the Chinook salmon that they rely on, and it's our responsibility to respect them and the ecosystems that they rely on.” Dr. Debra Giles, Science and Research Director at the non-profit, Wild Orca.
“Orcas are invaluable assets as keystone species to the ocean. They provide rich biodiversity to the environment with their presence bringing positive contributions to the natural cycle of the ocean. Granting orcas legal rights will assure the oceanic environment remains as pure as intended.” - Pooja Sharma, Director of Legal Advocacy and Policy at Keystone Species Alliance
“Environmental laws should mean protecting the environment through compromise; compromise for an equitable and healthy future for all of Nature, of which we are a part of. Recognizing inherent rights does not automatically mean no whale watching or fishing, but it does mean a hard look and re-evaluation of human activity and the way we do business. We can either continue business as usual and entire ecosystems will collapse, leaving us without the industries we cherish anyway, or reduce our impact and proactively restore ecosystems now to ensure such industries that contribute to our livelihood still exist 30, 50 and 100 years from now." Michelle Bender, Ocean Campaigns Director at Earth Law Center.
“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.”
“Over the ensuing years we have learned much about Orcas and the peril the resident Orcas are in. Recognizing and respecting the “Rights of Orcas” is an essential part of understanding Orcas and advocating for them. Knowing that Orcas have rights brings them “closer” to us.” Patrick Johnson, Co-Chair Green Sanctuary and Environmental Action Team, Quimper Unitarian Universalist Fellowship.
“A Native elder once said, ‘My relatives, the orca, only eat Chinook. I don't need it, so I leave it for them.’ We can all do something. We can choose to change our behavior in order to save the Southern Residents.” Kathleen Waldron, Citizen Scientist, Jefferson County
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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.