Capture Of Luna On Temporary Hold Following Conflict With Aboriginals

Thursday, June 24, 2004
GOLD RIVER, BC - The federal Fisheries Department said Thursday it will put the capture of Luna the killer whale on temporary hold, though scientists still want to relocate him.

The decision came the same day that a member of a native band from nearby Tofino told The Canadian Press he would be charged under a section of the Fisheries Act with interfering in the capture of a mammal.

Also, the Assembly of First Nations weighed into the matter by saying it supported members of the Mowachaht-Muchalaht First Nation near Gold River, who have expressed a spiritual attachment to the killer whale.

The aboriginals believe Luna embodies the spirit of their late chief.

Mowachaht Chief Mike Maquinna confirmed the Fisheries statement.

"The information that was forwarded to us was that they're going to stop the capture until such time that we're able to sit down and talk," he said.

In a prepared statement, the Fisheries Department said the safety and well-being of the orca are the main reasons it wants to relocate the mammal to the Strait of Juan de Fuca near Victoria.

The department also acknowledged it recognized the "cultural and spiritual significance of Luna to the Mowachaht-Muchalaht First Nation generally."

"It is evident, however, that further discussions are required and in the interests of public safety and the well-being of the whale, we will be meeting with First Nations over the coming days to review options."

The department said that for the time being it would put off its attempts to relocate the whale.

Since the operation began to attempt to capture Luna and prepare him for his move, local aboriginal people in canoes have been trying to lure Luna away from the scientists and out to sea.

The relationship between Fisheries and band members that had been delicate but positive last week appeared to collapse entirely this week.

The band issued a statement Wednesday saying Fisheries officers were treading on its territorial waters and demanding Luna's relocation plan be put off until an agreement was reached to allow the natives to act as stewards for the whale.

And a member of the Hesquiaht First Nation near Tofino said Thursday he was informed by a Fisheries officer that he would be charged under a section of the Fisheries Act.

Richard Lucas said he was told he would be charged with interrupting a fisheries officer within 500 metres of a mammal.

He said he was in his speed boat and estimated he was a long distance from the whale while he was sport fishing in Mooyeh Bay, a part of Nootka Sound.

There was another incident Thursday morning involving a Fisheries Department boat and native vessels in the same area, about 20 kilometres west of the capture site.

Luna was following a Fisheries boat when he broke off to return to a group of First Nations canoes and fishing boats. The Fisheries boat followed and warned the natives they were violating marine mammal regulations.

Maquinna said the Mowachaht-Muchalaht First Nation was determined to have the young killer whale respected and has never supported the department's plan to capture him.

"We haven't been in agreement with that at all and we hope that something can be worked out in a more traditional fashion," he said.

Maquinna said he believes talks about the orca's future will likely start next week.

Meanwhile, the local natives gained the support Thursday of the Assembly of First Nations and the First Nations Summit of British Columbia who said they would hold a news conference Friday after talking with the local band.

"We understand and acknowledge that interference with an orca is a very serious matter for all Nuu-chah-nulth Nations," said Phil Fontaine, chief of the assembly, the national group representing Canada's aboriginal people.

But he added: "This animal holds great cultural and spiritual significance for the community."

Both Maquinna's band and the Hesquiaht are members of the Nuu-chah-nulth Tribal Council.

Fontaine said he would work with the federal fisheries minister to try to find a solution to the relocation and the local band's concerns.

But time is running out for Luna, Fisheries said.

"The window of opportunity we have, I think, is closing," said Marilyn Joyce, a federal marine mammal co-ordinator.

"We wanted to have this whale down early June. June is the time that L-pod transits past Pedder Bay where he will be located there waiting for his family. As the summer progresses those opportunities diminish."

The plan has been to capture the whale, hold him for medical tests for a week, then lift him into a special transporter for a 10-hour truck ride to the Victoria area.

Once there, Luna would wait in another net pen until he hears his pod, then he would be released in hopes he rejoins his pod.

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