Comments on a proposal to include the killer whale “Lolita” as a protected member of the endangered Southern Resident killer whale Distinct Population Segment under the Endangered Species Act of 1973

SUMMARY

In response to a request for comments, the Committee on Animal Law expressed support for the proposal that would include the killer whale “Lolita” as a protected member of the endangered Southern Resident killer whale Distinct Population Segment under the Endangered Species Act of 1973 (the Act). The Committee urged that the language of the Act be amended by removing the exclusion of captive members of the population. The exclusion of captive members of a population, the letter noted, impacts endangered and threatened specimens, and, as such, an interpretation allowing for separate legal status creates a loophole in the law that is inconsistent with the intent of the law and its implementation in other cases.