Autopsy results on dead baby orca

26 July 2007

Autopsy results on dead baby orca

An autopsy has confirmed that a dead baby orca missing its head, tail fin, right pectoral fin and with a cut in its side found on Ninety Mile Beach in early July died by drowning.

On being found by members of the public on 5 July, 4km south of Waipapakauri ramp, the incident was reported to the Department of Conservation. DOC staff visited the site later that day and transported the dead animal to DOC’s Kaitaia Area Office for identification.

The autopsy by Massey University veterinary pathologist Wendi Roe completed yesterday (25 July) concluded:

“The lungs of this neonate were partially aerated, but he had not eaten and his umbilical stump was fresh, so he only survived a very short time after birth. The presence of a small amount of foam in his airways suggests that he may have drowned.

“While we can’t rule out drowning in a net, it is also possible that he was separated from his mother during a storm, and died as a result. Weather records for the area from which he was recovered may help support or refute this theory.

“The presence of net marks on the head and leading edges of flukes and flippers is common supporting evidence of entanglement as a cause of death, but almost all of these body parts had been cut off. The mutilation of the body was performed after death, and was done skilfully, by a person well versed in using a knife.”

On receving Ms Roe’s report, DOC marine species manager Simon Banks said today that he was pleased that the orca sighting had been reported.

“We need all the information we can get from dead marine mammals that wash up on our shores to help manage and protect these species, many of which are rare or endangered. In that light, the cause of death is an important piece of information.”

“If you happen to catch or accidentally kill a marine mammal, you are required to report the death; failure to do that is an offence under the Marine Mammal Protection Act.”

“It’s of concern that this dead orca was missing various parts of its body. It’s also an offence to interfere with a marine mammal, whether alive or dead.”

“Our message to the public is: if you accidentally kill a whale, dolphin or seal, hand them in, tell DOC or the Ministry of Fisheries about it, and don’t cut them up.”
DOC Kaitaia Area Manager Jonathan Maxwell said one positive result of this incident was to see the co-operative relationship the Department had developed with Te Rarawa regarding handling of marine mammal strandings.

“We received excellent support and advice from Te Rarawa during the recovery and subsequent investigation of the dead orca, which has been most appreciated”.

Mr Maxwell said the Department was in the process of finalising a marine mammal protocol with Te Rarawa and other iwi in the Far North.

“The aim of the protocol is to establish clear guidelines for dealing with marine mammal strandings including any required research and autopsies to assist in determining causal effects of any future strandings.”.

Requests for images and for the autopsy report: Bernie Napp, DOC senior adviser, bnapp@doc.govt.nz

Background information

Threatened Species Status

 Nationally critical.
Natural History
 Orca (killer whale) is the largest member of the dolphin family, and grows up to 9 metres long.
 Orcas are common in New Zealand waters and can sometimes be seen passing through Cook Strait or the Hauraki Gulf, or entering large harbours such as Wellington and the Bay of Islands.
 In June there were two sightings of orca in Wellington harbour only days apart, believed to be two separate pods of 5-6 animals, they were observed feeding on rays in the harbour. These animals had been sighted the previous week up the East Coast of the North Island and were believed to be following one another as they came down the coast.

 Orca are found right around our coasts, and in many other parts of the world, and are known to feed to some extent on dolphins, whales and seals, but their main diet consists more usually of squid and fish.
 Although regarded for many years as potentially dangerous to man, actual records of deliberate, fatal attacks on humans are non-existent.
 Orca are highly social animals and usually travel in herds of from 2 to 40 individuals. They are often resident in certain areas and form permanent family units.
 Little is known of their breeding in Australasian waters, though the sighting of small orca in June, August, and October off the east coast of New Zealand, as well as this latest mortality indicates an autumn or early winter calving season.

Penalties under the MMPA and the Fisheries Act
 Marine Mammals Protection Act 1978
9 Offence to take marine mammal without permit
[(1)Every person commits an offence and is liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $250,000, and to a further fine not exceeding $10,000 for every marine mammal in respect of which the offence was committed, who takes, has in possession, exports, imports, has on board any vessel, vehicle, aircraft, or hovercraft, or has control of any marine mammal, otherwise than under this Act or a permit.]

(2)Upon the conviction of any person for an offence against subsection (1) of this section, any marine mammal unlawfully taken, in possession, under the control of any person, or on board any vessel, vehicle, aircraft, or hovercraft, and all vessels, vehicles, aircraft, hovercraft, gear, nets, tackle, equipment, and apparatus used in respect of the commission of the offence shall be forfeit to the Crown, and shall be disposed of as the Minister thinks fit.

 Fisheries Act
230 Neglect or refusal to supply particulars, and improper divulging of information
(1)Every person commits an offence who-
(a)Fails to keep, or provide, any accounts or records, or who neglects or refuses to provide any records, return, or information, when lawfully requested or required to do so under this Act; or
(b)Makes any false or misleading statement, or omits any material information, in any communication, application, record, or return prescribed by or in accordance with this Act, or required for its administration.
(2)Every person who commits an offence against subsection 252(3) of this Act.
252 Penalties
(3)Every person convicted of an offence against any of the following provisions of this Act is liable to a fine not exceeding $250,000:

As well as;
255EGeneral provisions relating to forfeiture
(1)If any property, fish, aquatic life, seaweed, or quota is forfeited to the Crown under this Act, such property, fish, aquatic life, seaweed, or quota, despite section 168, vests in the Crown absolutely and free of all encumbrances.
[[(1A)Despite subsection 1, if settlement quota is forfeit to the Crown under this Act, the quota continues to be subject to a settlement quota interest.]]
(2)For the avoidance of doubt, any vessel used by the offender to take or transport fish, aquatic life, or seaweed must be treated as property used in the commission of the offence if the fish, aquatic life, or seaweed is the subject of an offence against—
(a)Section 231; or
(b)Regulations made under section 299, which regulations relate to—
(b)Regulations made under section 299, which regulations relate to—
(i)Making any false or misleading statements in any return; or
(ii)Omitting any information in any return; or
(iii)Completing, keeping, or providing any return.

ENDS

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