Luna Capture Effort Ends

Thursday, July 15, 2004
GOLD RIVER, BC - Rain pelted the roof of the Mowachaht / Muchalaht band office, as the Tyee Ha'wilth and Council of Chiefs met with officials for Fisheries and Oceans Canada (DFO) and the Royal Canadian Mounted Police (RCMP).

Still bothered by the events that unfolded two weeks ago around the young killer whale "Tsu-xiit", the Chiefs presented the government representatives with a pair of documents designed to restore peace to Nootka Sound.

Standing behind their Tyee Ha, wilth Mike Maquinna, the Mowachaht / Muchalaht community banded together to keep the whale free from DFO who were trying to capture him. If a capture had taken place, DFO and Vancouver Aquarium workers would have held him in a pen for a week, before hoisting the whale into a steel tank on a trailer, and driving the whale 14-hours down island to Pedder Bay, where he would be placed in another pen, tagged with a satellite tracking device, and held until acoustic contact with his family pod could be made.

The Mowachaht / Muchalaht people believe the spirit of their late Tyee Ha, wilth Ambrose Maquinna is a part of the whale, and want DFO to let nature take its course.

The two mandates collided two weeks ago in front of cameras from around the globe, as dozens of reporters gathered in Gold River to watch the capture attempts. But as DFO boats tried to lead Tsu-xiit into the pen, Mowachaht / Muchalaht paddlers practicing their traditions and culture intercepted, and led the whale back out towards Yuquot.

Despite pressure from DFO boats swirling around the canoes, paddlers refused to respond to what they called "DFO harassment and intimidation", and maintained their dignity in the face of what they saw as attempts by DFO to provoke conflict.

After ten days of the tug-of-war, DFO relented and agreed to stop capture efforts until a mutually agreeable method could be found. Clearly, DFO was not going to be able to complete their project without the support of First Nations.

On Friday, July 9th, Maquinna and the Mowachaht / Muchalaht Chiefs along with representatives from the Nuu-chah-nulth Tribal Council (NTC) and Assembly of First Nations (AFN) met with the government officials to discuss improved relations between the groups and ways to protect Tsu-xiit while maintaining safety for all boaters in the area.

"We're here today as a result of ongoing concerns about DFO and RCMP actions surrounding Tsu-xiit,"said Maquinna. "DFO officers showed aggression towards our paddlers and there was no consultation between Mowachaht / Muchalaht and the RCMP,"he said.

"It's important for us to come together and discuss each other's issues," said DFO Director of Aboriginal Affairs Kevin Stringer who flew in from Ottawa for the meeting. "It's evident we need to take a step back from all of this and reassess so we can do better. Opportunities to talk about where we're all coming from is very useful," he said.

NTC Northern Region Biologist Roger Dunlop presented the "Mowachaht / Muchalaht Stewardship Plan for the protection of the Kakawin Tsu-xiit (Killer whale L-98 or Luna)" and the "Marine Mammal Safety and Cooperation Protocol between the Mowachaht / Muchalaht First Nations and Fisheries and Oceans Canada and RCMP".

"We all want safety for the whale and for the public, and we all understand that the whale is not the problem, people are the problem," said Dunlop.

Under the safety protocol, filled with words such as "respect", and "trust", all sides would agree to work together for the safety of Tsu-xiit and all involved.

The stewardship plan proposes Mowachaht / Muchalaht community members be contracted to be out on the water keeping boaters away from Tsuxiit, and an observer on land recording interactions on camera and forwarding them to DFO officers for charges.

An education campaign will also be launched with large signs posted at the Muchalaht Marina, and boaters given brochures on why they should to avoid the whale.

Recently, a sailboat stopped in Mooya Bay where Tsu-xiit was feeding and the boat had to be towed back to Gold River after the whale damaged its rudder.

Mowachaht / Muchalaht Chiefs hosted a community meeting last week, and members reaffirmed their position that nature must be allowed to take its course, and the whale should be allowed to stay in, or leave Nootka Sound as it pleases.

Although not discussed at this meeting, it has been noted in the past that Tsu-xiit's pod usually swims past Nootka Sound twice a year, and reunification could happen during one of those times. Mowachaht / Muchalaht canoes could lead Tsu-xiit out of Nootka Sound and down the west coast of Vancouver Island, but only after the Maquinna family have completed their grieving period culminating in a memorial potlatch for Ambrose Maquinna next fall.

"It may seem superstitious to you guys but to us it's real," said Chief Jerry Jack. "We get our strength from our beliefs. We get our strength from the Kakawin who is the most sacred mammal in the ocean. We don't play with Nature," he said.

"We're not trying to force our beliefs on to you, we just want you to try and understand the thousands of years of living history and beliefs that we are speaking about today," said Maquinna. "Canada just celebrated its 137th birthday, but we've been here for well over 4300 years. You now have an opportunity to be a part of an understanding of that history," he said.

Meetings will continue via teleconference over the next two weeks, culminating in a three-day meeting at month's end to decide on a plan of action.

"There was a break down in communication and trust, and we're here to re-establish those things," said DFO Regional Director General for the Pacific Region Paul MacGillivray. "We have a lot in common in terms of our mandates and our objectives, and we are prepared to take the time to work this through in a collaborative way," he said. "Although our objective is still to introduce the whale to its pod, we have no plans to relocate the whale in the next couple of months."

"Our hope remains that nature will be allowed to take its course and that we can all work together for the safety and protection of Tsu-xiit and the safety of all people in our territory," said Maquinna. "We hope there will be a resolution to the issues we've brought forward and we're able to work together is a positive way which is in everyone's best interest," he said.

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