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ENDANGERED WHALES AT PUGET SOUND ALERT -- SOMETHING THE WASHINGTON CHAPTER WILL WANT TO GET TO WORK ON RIGHT AWAY --PERHAPS THEY'RE AFRAID OF ALL THE DEMS LIVING NEARBY.

ARTICLE COURTESY OF CNN

SEATTLE, Washington (AP) -- Killer whales swimming in the Puget Sound and nearby waters, whose numbers have declined almost 20 percent from 1996 to 2001, should be placed on the endangered species list, environmentalists say.

The Puget Sound orcas are genetically distinct and don't mingle or reproduce with any other groups of whales, according to a coalition of environmentalists suing the government. The group says the whales deserve more protection than allowed under the current "depleted species" listing under the Marine Mammal Protection Act.

Officials from the National Marine Fisheries Service said the agency relied on the best available science when it determined the whales were not eligible for endangered species protection.

"NMFS is fulfilling its responsibility by supporting research into the taxonomy and biology of killer whales ... and preparing a conservation plan for the species," Adam Issenberg, a U.S. Department of Justice attorney, told a federal judge Monday.

The judge said he plans to issue a ruling within 30 days.

Carl Linnaeus, a Swedish botanist, classified the orca as one global species in the mid-1700s. Back then, scientists didn't know that some killer whales migrated throughout a large range, while others stuck to smaller areas.

The groups pressing for the orca listing say that science is out of date but that taxonomists today are in no hurry to determine whether there's more than one species of killer whale.

"In the face of these uncertainties, the Endangered Species Act is a precautionary statute," said Patti Goldman, an attorney for the environmental public interest law firm Earthjustice.

Issenberg said that as late as 1988, scientists have upheld Linnaeus' classification.

"The agency is not required to create science," Issenberg said.

The Puget Sound whales include three pods of orcas and about 84 individual whales. That's down from a historical high of more than 120 in the 1960s, before the whales were captured in large numbers for display at marine parks.

No one is sure what is causing the orca population to fall. Factors scientists frequently cite include declining salmon runs, pollutants that build up in the whales' systems and disturbance from vessel traffic.

A spokesman for the NMFS said the agency budgeted $750,000 for orca research for the fiscal year that ended in October, and is anticipating $1.5 million for the coming year.

"The truth is we're putting our money where our mouth is when it comes to trying to find out what's going on with these animals and what's causing the decline," said Brian Gorman.