Spanish authorities have referred the shooting of Toñi, the oldest known orca in the Strait of Gibraltar and Gulf of Cadiz, to environmental prosecutors as they investigate a possible criminal offence against a protected species.
The approximately 60-year-old female, also known as ‘La Abuela’ (The Grandmother’) was discovered with around 10 apparent pellet wounds on her dorsal fin after being sighted in August.
Spain’s Ministry for Ecological Transition and Demographic Challenge (Miteco) began preliminary inquiries after the conservation organisation WeWhale supplied information about the injured animal. Investigators now believe the shots were allegedly fired from a Spanish-flagged vessel while the boat and orca were in Portuguese waters.
The ministry has subsequently passed the findings of its preliminary investigation to Spain’s Environmental Prosecutor’s Office for consideration of a possible offence involving protected wildlife.
It has also called in the Guardia Civil’s Central Environmental Operations Unit (Ucoma) to help establish who may have been responsible and, where appropriate, take statements from those involved.
Investigators have been asked to examine the administrative and legal documentation relating to the possession and use of any weapons connected with the incident, as well as to produce a ballistics report. Further investigative measures may also be undertaken in an attempt to establish precisely what happened.
Spain is working with Portuguese authorities because the suspected shooting took place in Portuguese waters. María Jesús Rodríguez de Sancho, Spain’s director general for Biodiversity, Forests and Desertification, has been in contact with her Portuguese counterpart Nuno Miguel Soares Banza, president of Portugal’s Institute for Nature Conservation and Forests, as the two countries coordinate their response.
Spanish Deputy Prime Minister and Minister for Ecological Transition Sara Aagesen stressed that the orca is a vulnerable species whose protection is guaranteed by law.
‘From the ministry, we will continue with the investigation, collaborating with both the Public Prosecutor’s Office and the Guardia Civil and the Portuguese authorities, to try to clarify what happened and prevent this environmental damage from going unpunished. We will also continue to closely monitor the progress of the injuries,’ Aagesen said.
Toñi spotted alive and recovering off Galicia
There has since been encouraging news about Toñi’s condition.
The matriarch has recently been sighted swimming with a group of orcas in Galician waters in north-west Spain and, according to the information currently available to the authorities, her wounds appear to be healing well.
Environmental officers from Miteco’s biodiversity department began their preliminary investigation on 13 August after receiving information supplied by WeWhale following a sighting of Toñi with what appeared to be pellet injuries to her dorsal fin.
The injuries had first been detected during a sighting on 10 August.
Toñi is regarded as a particularly important member of the Iberian orca population. As its oldest known female and the leader of one of its family groups, she potentially plays an important role in passing accumulated knowledge and learned behaviour to younger members of the pod.
The Iberian orca population is extremely small, with estimates putting the number of surviving animals at fewer than 40.
Some members of this population have become internationally known as the ‘gladis’ because of their unusual interactions with boats around the Iberian Peninsula.
Since 2020, orcas have repeatedly approached sailing boats and other vessels, particularly around the Strait of Gibraltar and along the Atlantic coasts of Spain and Portugal. Some encounters have involved the animals making sustained physical contact with rudders and other parts of vessels, causing serious damage and, in a small number of cases, contributing to boats sinking.
The behaviour has attracted international attention and prompted Spanish authorities to issue guidance to sailors aimed at reducing risks to people and boats while ensuring that the orcas themselves remain protected.
Harming Iberian orcas can carry severe penalties
Whatever the circumstances surrounding encounters between boats and orcas, Spanish law provides specific protection for the animals.
The Strait of Gibraltar and Gulf of Cadiz orca population is classified as vulnerable under Spain’s official catalogue of threatened species, while the tiny Iberian population is regarded as being in a highly precarious conservation position.
Spanish legislation prohibits deliberate actions intended to kill, capture, pursue or disturb protected animals.
Violations can potentially lead to administrative penalties of up to €2 million, while more serious conduct can also result in criminal liability.
The investigation into Toñi is therefore focused not simply on identifying the vessel allegedly involved but on establishing who fired the shots, what weapon was used and whether an offence against protected wildlife was committed.
Authorities are also continuing to monitor the 60-year-old matriarch as she moves with other members of the Iberian population along Spain’s Atlantic coast.
For the moment, the most positive development is that despite the pellet wounds visible in her dorsal fin, Toñi has survived the attack and appears to be recovering.
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Desde el MITECO apreciamos indicios de delito en los presuntos disparos desde un barco español en aguas portuguesas que habrían provocado las heridas a la orca Toñi
— Transición Ecológica y Reto Demográfico (@mitecogob) September 2, 2026
Es la orca más longeva del Estrecho
» Especie vulnerable protegida por la ley
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