SeaWorld PR attempts to save-face but rescue and conservation efforts fall short

SeaWorld claims to be pro-active in marine mammal rescues

SeaWorld is seeking to clean up its image now that things are not going their way in the case against the OSHA which charges they were negligent in the “Willful” death of veteran trainer Dawn Brancheau.

On Friday, the multi-billion dollar entertainment facility issued a press release, hoping to capitalize on the just released film “Dolphin Tale”, which tells the story of a bottle-nose dolphin named Winter who was rehabilitated at athe Clearwater Marine Aquarium. They were also undoubtedly eager to offset the negative publicity surrounding the court hearing against the Occupational Safety and Health Administration (OSHA) which was scheduled to conclude on that day. However, the hearing will reconvene in November.

From the SeaWorld press-release:

“The SeaWorld Rescue Team – which also helped with the initial rescue transport of Winter… uses their expertise and creativity every day to devise new ways to rescue, treat and return to nature these extraordinary animals.”

While this may be true of some marine animals (turtles, sea lions, seals, etc) – killer whales and dolphins do not fall into their realm of rescue, unless of course there is a potential for public display and profit. This was evident in SeaWorld’s lax response to a mass stranding of pilot whales in the Florida Keys in early May, 2011. Volunteers and non-profit organizations were on the scene immediately and heroically helped the survivors with every available resource around-the-clock. SeaWorld eventually showed up, and now two of the pilot whales are being cared for at SeaWorld. Their future is uncertain but they will likely be used for breeding purposes to continue the captive population.

The press release continued with this excerpt:

“This commitment extends to animals around the world: The company has contributed more than $50 million to conservation, wildlife rescue and environmental stewardship initiatives and has supported efforts on every continent, as well as operating its own well-respected wildlife rescue program.”

What they don’t state is that SeaWorld operates its rescue program through a non-profit organization called the Hubbs-SeaWorld Research Institute. This organization relies on public and federal funding which competes with truly non-profit organizations that have orca and dolphin rescues, research and education at the core of their missions. Despite the claim of contributing $50 million to conservation and rescue (over their lifetime) these grants take away money from earnest non-profits such as the Orca Network and many others which run circles around SeaWorld when it comes to true research and education. SeaWorld reportedly had $1.4 Billion in revenue in 2010 yet receives these grants to perform their rescue programs.

In the past 10 years alone, the National Marine Fisheries Service (NMFS), the U.S. government oversight agency which provides oversight and guidance on the conservation of marine mammals and endangered species has awarded SeaWorld (and Hubbs-SeaWorld) almost $2 Million dollars in grants. The for-profit SeaWorld continues to take in billions off the backs of killer whales and dolphins in captivity and contributes little to their protection in the wild.

At the same time, SeaWorld is trying to acquire Morgan, a female killer whale rescued in coastal Dutch waters, despite a comprehensive and achievable plan to reintroduce her to the wild. However, the addition of her into the gene pool in the SeaWorld collection, and potential profits, apparently outweigh their claims of “rescue, treat, and release”.

We appreciate all that SeaWorld has done in the past to contribute to the research, education and conservation efforts for the highly complex, intelligent and social mammals such as dolphins and killer whales… but the time has come to evolve from keeping these amazing creatures in captivity for the exploitative entertainment industry.

For more information, please visit this informative article by Cetacean Inspiration: “Seaworld and Conservation”.

The Case Against Killer Whale Captivity

Tilikum in his captive environment at SeaWorld, Orlando, Florida

For many years, the case has been made that the largest predator of the oceans, killer whales (orcas), should be free from the exploitation of a multi-billion dollar marine mammal entertainment industry which has been permitted to operate under the guise of education and conservation. These intelligent, highly social, amazing beings deserve their freedom, however the popular perception portrayed by theme parks have our government officials and the public thinking otherwise. But the tide is changing and the truth about orca captivity is finally catching-on in public perception and with the media.

Unlike the mis-education perpetuated by the highly profitable aquaria, studies have shown the life expectancies of killer whales in captivity are well below those of their wild counterparts. Despite industry claims of advancements in veterinary care, nutrition and husbandry techniques, killer whales fare much better in the wild… even with the man-made decimation of their habitats. The true focus has since evolved toward education and conservation in the protection orca environments instead of continuing to allow the exploitation of these individuals for lucrative entertainment corporations.

In January, 2011 The Orca Project introduced a paper co-authored by two former SeaWorld trainers, Dr. John Jett and Dr. Jeffrey Ventre titled “Keto and Tilikum Express the Stress of Orca Captivity”. This report dove into many of the detrimental effects of orca captivity and their decrease in life expectancy through new calculations of the Mean Duration of Captivity.

Today, in collaboration with The Orca Project, Dr. Naomi Rose, Senior Scientist at the Humane Society International has released another groundbreaking paper- “Killer Controversy: Why orcas should no longer be kept in captivity” (see it below)

Building on several decades of studies, including a 1995 peer-reviewed paper on the survivorship rates of several captive marine mammal species, the Jett/Ventre report, and now Dr. Rose’s study, the case has been laid-out to show that not only has captive survival rates not improved but they have actually worsened.

Utilizing these reports as well as industry and government documents, the causes of decline in longevity are multi-fold… just as we have presented here at The Orca Project. The stressors associated with captivity are clearly depicted in the Jett/Ventre report as well as our report on orca dental health.

The death of Dawn Brancheau in February, 2010 has also brought the dangers of orca confinement and display to the forefront. It also highlighted the unjust solitary confinement that Tilikum endured for nearly 1 year after killing Dawn, a punishment that did not fit the crime of serving a life of captivity against his will. With dozens of previous incidents between killer whales and trainers leading to injury or death, including the death of trainer Alexis Martinez by a SeaWorld orca in the Canary Islands just 8 weeks prior to the attack in Orlando, Florida, the evidence is clear that orcas do not belong in captivity.

We encourage you to read the report by Dr. Rose which presents the growing body of scientific evidence showing that orcas do not adapt to captivity, including:

• 

  Click on image to download “Killer Controversy: Why Orcas Should No Longer Be Kept in Captivity”

  Previous analyses using data through 1992 showed that captive orcas have higher mortality rates than wild orcas; new analyses examining data through 2010 confirm that the situation has not improved in the past 18 years, and in fact has worsened. Captivity is, in essence, poor habitat for orcas, causing early death.

• Captive female orcas give birth too young and too often, leading to both high adult and high infant mortality.
• The most common cause of death for captive orcas is infection. Chronic stress may be an important factor in weakening the animals’ immune response.
• Captive orcas have poor dental health compared to wild whales, which may be another factor in their susceptibility to fatal infections.
• Orcas in captivity are more aggressive toward each other than in the wild. Females also behave abnormally toward their calves more often than in the wild.
• Since captive orcas have been publicly displayed, they have seriously threatened the lives and safety of dozens of people, and four people have been killed. However, wild orcas have injured only a handful of people — none seriously — and there are no records, at any time in history, of them killing anyone.

Read the press release introducing Dr. Rose’s paper from The Humane Society International and The Humane Society of The United States, by clicking HERE, and download the complete report “Killer Controversy: Why orcas should no longer be kept in captivity” in PDF format by clicking HERE. The full report can also be seen below:

View this document on Scribd

Since its inception in 2010, The Orca Project has collaborated with some of the world’s top marine mammal experts, caring professionals and individuals from diverse backgrounds. The amazing alliance and friendships born from this endeavor will continue to expand on the groundwork laid out by those before us. We will continue to develop on their work to educate the public and our government oversight agencies about the detrimental effects of keeping killer whales in captivity. We encourage former and present trainers, marine mammal park employees (in the U.S. and abroad), scientists, authors, individuals and the media to contact us at info@theorcaproject.com  to continue this important work. Confidentiality is assured if you wish to remain anonymous.

SeaWorld vs. OSHA- Killer Whale Showdown in Florida

We’ve moved our updates and information on the SeaWorld vs OSHA hearings to a new page HERE which includes all of the information below, plus coverage of round 2 of the hearings, all of the latest developments, testimony, links, documents, video, etc.  And please be sure to follow us on FaceBook and Twitter (@TheOrcaProject) for all the latest news and reports.

An image of the sad aftermath. Two lives taken away while they were both too young, Dawn and Tilikum on Feb 24, 2010.

Last August, OSHA issued citations to SeaWorld for apparently placing profit above employee safety following the death of Mrs. Brancheau who was brutally killed by Tilikum, a nearly 12,000 pound (5,443 kg) killer whale (Orcinus-orca) on February 24, 2010.

The citations, included fines totaling $75,000 for safety violations including the maximum $70,000 penalty for the “Willful” act of knowingly placing its employees at risk, a charge that has major implications beyond the monetary value, which is not substantial for the multi-billion dollar marine park. The stunning announcement rekindled the ongoing debate of keeping these intelligent, highly-social beings in captivity for entertainment purposes. It has also sparked a growing number of former SeaWorld employees to speak out about the culture of working with orcas and the secrecy that shrouds the marine mammal entertainment industry.

Since its inception in 2010, The Orca Project has collaborated with some of the world’s top marine mammal experts, caring professionals and individuals from diverse backgrounds to cover the debate on orca captivity, the death of Dawn Brancheau and the history and current conditions of Tilikum’s confinement. Below, we’ve highlighted some of our top stories, investigations, interviews and posts from the past year:

• Seeing is Believing: Tilikum’s Lonely Life after Dawn- There has been deep concern for how Tilikum’s isolation may affect the well-being of this intelligent, social animal. After observing Tilly and his caretakers, is SeaWorld living up to its claims of a fullifilling, enriched life?
• SeaWorld Trainer Death Theory Debunked as a Ponytail Tale- Ever since the brutal death of Dawn Brancheau, the media has erroneously cited the marine park’s claim that killer whale Tilikum pulled her into the water by her ponytail. But why is this false theory important to SeaWorld? We present the facts of what really occurred and was observed by witnesses on that day.
• SeaWorld’s Proposed Multi-Million-Dollar Safety Gimmicks Don’t Measure Up- SeaWorld’s announcement that they are spending tens of millions of dollars on new safety devices, draws skepticism from former trainers, marine mammal professionals and journalists.
• Keto and Tilikum Express the Stress of Orca Captivity- Former SeaWorld trainers Dr. John Jett and Dr. Jeffrey Ventre provides detailed observations, powerful photos and strong statistical calculations, for a look behind the scenes of Marine Parks and their ability to provide environments adequate for keeping captive killer whales alive.
• Killer Whale Tilikum Returns to SeaWorld Shows After 3rd Death- a little more than a year after brutally killing veteran orca trainer Dawn Brancheau, Tilikum returnes to performances.
• The Case Against Killer Whale Captivity- in collaboration with The Orca Project, Dr. Naomi Rose, Senior Scientist at the Humane Society has released another groundbreaking paper detailing why orcas should no longer be kept in captivity.

Also, in revealing exclusive interviews with The Orca Project, former SeaWorld trainers expose the facts behind the secretive marine mammal entertainment industry, trainer injuries and deaths as well as the truth behind Killer Whales in captivity:

• Exclusive Interview #1: Former SeaWorld trainer John Jett PhD talks Tilikum with T.O.P.
• Exclusive Interview #2: Former SeaWorld trainer Carol Ray talks orca safety & separation with T.O.P.
• Exclusive Interview #3: Former SeaWorld trainer Samantha Berg and the Perils of Orca Captivity (part 1) (part 2)

For a collection of documents from the investigation of SeaWorld trainer Dawn Brancheau’s death including autopsy report, Orange County Sheriff’s Office Investigative Report, USDA-APHIS and OSHA freedom of information act documents, click HERE.

And be sure to visit the following stories on the SeaWorld investigation by Tim Zimmermann of Outside Magazine:

• The Killer in the Pool- When a 12,000-pound orca named Tilikum dragged his SeaWorld trainer into the pool and drowned her, it was the third time the big killer whale had been involved in a death. Many observers wondered why the animal was still working. But some experts, knowing the psychological toll of a life spent in captivity, have posed a darker question: Was it human error, or can a killer whale choose to kill?
• Diary of a Killer Whale- Tim Zimmermann digs a little deeper into some of the questions surrounding the tragedy of Tilikum and Dawn Brancheau.
• Blood in the Water- On December 24, 2009, a 6,600-pound orca killed trainer Alexis Martínez at a marine park in the Canary Islands. Two months later, trainer Dawn Brancheau was killed by an orca at SeaWorld Orlando. With the OSHA trial on trainer safety at SeaWorld Orlando starting September 19, Tim Zimmermann asks: Should Martínez’s death have served as a warning about the lethal potential of killer whales being trained for our entertainment?

We encourage former and present trainers, marine mammal park employees (in the U.S. and abroad), scientists, authors, individuals and the media to contact us at info@theorcaproject.com to continue this important work. Confidentiality is assured if you wish to remain anonymous.

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SeaWorld vs. OSHA Day 1 (Monday, September 19, 2011):

SeaWorld employees were litteraly brought to tears during day 1 of the SeaWorld vs. OSHA hearing:

Reports from the Sanford hearings include:

Safety of SeaWorld trainers questioned in OSHA hearing- Jason Garcia of The Orlando Sentinel reports in the Sentinel’s sister newspaper the Chicago Tribune that OSHA attorneys will question the “ponytail theory“.

Hearing begins in death of killer whale trainer- CNN reports on the opening of the SeaWorld vs. OSHA hearing.

Video: Death at Sea World: Author David Kirby and former SeaWorld trainer  Carol Ray on AC360 with Anderson Cooper on CNN talk about the brutal killing of Dawn Brancheau and the false “PonyTail Theory”. CNN requested SeaWorld to appear on the broadcast. They refused.

Death at SeaWorld — Should Videotapes of the Killing be Released?- David Kirby, author of the soon-to-be released book “Death at SeaWorld – Shamu and the Dark Side of Killer Whales in Captivity” (St. Martin’s Press) discusses the upcoming battle to show the underwater video of Dawn’s horrific death in the Huffington Post.

Dawn Brancheau’s SeaWorld Death Leads To Fight Over Safety Citation- Mike Schneider reports in the Huffington Post

The question: Whose fault was the death of Dawn Brancheau- Michael Mountain of ZOE Nature reports on the testimony of day 1.

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SeaWorld vs. OSHA Day 2 (Tuesday, September 20, 2011):

Fredy Herrera, a security officer at SeaWorld Orlando who was working at Shamu Stadium on the day Brancheau was killed, testified that it appeared to him she was pulled in by her left arm, as we have reported HERE at The Orca Project.

SeaWorld guard: Killer whale appeared to pull trainer underwater by her arm, not hair- Jason Garcia of The Orlando Sentinel reports on Day 2 of the SeaWorld vs OSHA hearing.

Ponytail theory takes another dive- Michael Mountain of ZOE Nature reports on the testimony of day 2.

A brief report on NBC News in Tampa, Florida regarding the “Ponytail Theory”:

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SeaWorld vs. OSHA Day 3 (Wednesday, September 21, 2011):

The morning began with a report on NBC’s Today Show, continuing the covereage of yesterday’s testimony which essentially puts the “ponytail theory” to rest, including highlights with The Orca Project’s Colleen Gorman. Watch the Today Show video by clicking HERE.

Today’s testimony included former SeaWorld Animal Curator Chuck Tompkins discussing previous killer whale/trainer  incidents. Under examination by OSHA attorney John Black, it was discovered that SeaWorld has not kept accurate records of incidents. The following help disclose SeaWorld’s failures:

Not all whale aggression made it into SeaWorld’s incident log, lawyers say- Jason Garcia of the Orlando Sentinel reports on today’s testimony describing the ommissions in SeaWorld’s incident reports.

SeaWorld Scrutinized Over Whale Incident Reports- A mid-day report from Orlando, Florida’s NBC affiliate WESH 2 looks at todays’s testimony on “incident reports”. Read their story and watch the video (including comments from The Orca Project) which shows that SeaWorld has side-stepped safety issues.

… and video of the 2006 attack on trainer Kenneth Peters at SeaWorld SanDiego was played in the courtroom. Author David Kirby dicusses this with CNN’s Anderson Cooper on AC360. (click HERE to watch the interview)

When orcas attack- Michael Mountain of ZOE Nature reports on the testimony of day 3.

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SeaWorld vs. OSHA Day 4 (Thursday, September 22, 2011):

SeaWorld trainer Jan Topoleski took the stand today to describe what he witnessed. Topoleski was acting as the “safety spotter” for Dawn during her interaction with Tilikum during the “Dine with Shamu” show and he reports to have witnessed the initial take-down. His recollections today seem to differ than those originally reported to the Orange County Sheriff’s Office regarding the ”ponytail theory“. His report on what occurred that day has been previously been called into question based on all other eyewitness reports of how Dawn was pulled into the water, including SeaWorld employees and park visitors. The Connell family, who captured the infamous final images of Dawn and Tilikum on video have also previously reported that Topoleski was not watching when Dawn was pulled in and they had to alert him that Dawn was taken down. You can read the Connell family’s reports to the Orange County Sheriff’s Office in our collection of documents HERE.

Additionally, emotional testimony was given by Shana Groves, one of the first SeaWorld trainers to report to the scene, and Dr. David Duffus, a killer-whale expert and professor at the University of Victoria in British Columbia — to buttress their contention that trainers cannot be expected to accurately predict a whale’s behavior at all times. It was also announced by Judge Welsch that the hearing will not be able to conclude on Friday (day 5) as anticipated and there will need to be an extension of the hearing, which may take place next week, or even in October or November. Today’s testimony is covered here:

Spotter saw SeaWorld trainer struggle to free her hair- Jason Garcia of the Orlando Sentinel reports on today’s events.

Author David Kirby appeared again tonight on CNN’s AC360 with Anderson Cooper to discuss today’s testimony and Jan Topoleski’s apparent conflicting accounts of Dawn being taken into the water by her ponytail. Watch the CNN video HERE.

It’s still about the ponytail- Michael Mountain of ZOE Nature reports on the testimony of day 4.

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SeaWorld vs. OSHA Day 5 (Friday, September 23, 2011)

Today, Judge Ken Welsch announced the hearings will reconvene on November 15. It was originally scheduled to conclude today, however it’s anticipated that there will be an additional week of testimony. Dr. David Duffus, professor at the University of Victoria in British Columbia returned to the stand for cross-examination by SeaWorld attorneys and said he was alarmed by how close Brancheau was to Tilikum when he grabbed her, stating “I don’t want to second-guess an experienced trainer, but I would not, given my experience with killer whales, … be that close to Tilikum. No way on Earth”. Day 5 coverage below:

SeaWorld-OSHA hearing in recess until mid-November- Jason Garcia of the Orlando Sentinel reports on today’s events.

Official says SeaWorld put whale trainers at risk- By Barbara Liston (Reuters) – A government safety official said on Friday that Florida’s SeaWorld knew it was putting trainers at risk by letting them interact with a 12,000-pound killer whale named Tilikum.

“If you end up in the water with Tilikum, you’re going to die”- Michael Mountain of ZOE Nature reports on the testimony of day 5, including the “Tilly Talk” that’s given to all new orca trainers at SeaWorld Orlando.

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There are so many more developments occuring behind the scenes here at The Orca Project and we will keep you posted as information and events unravel. November should prove to be eye-opening and and a great step forward in ending the unecessary and unjust practice of orca captivity.

A Plea for Help! Morgan the Orca’s Day in Court is 8-3-2011. Will it be Too Late?

Typically at The Orca Project we don't solicit funding or donations, however, today is a different case.  We are sending out an all points bulletin and plead for donations for Orkacoalitie.nl  and her legal fees. You can go to their CrowdFundingPage and donate there.  
Currently, the legal team and association are shy around €13,00o Euros, or $18,500 US dollars.  We are asking that you donate anything and everything you can to this very time sensitive request.  Her case will be in court, tomorrow, August 3, 2011.  

Below we have posted a letter from her attorney and comments straight out of Free Morgan, as well as Ingrid Visser's, of Orca Research Trust, report. <-- Click here.

“A court case is being held tomorrow – Aug 3 – with regards to Morgan the orca currently held in the Netherlands. CITES has granted a permit for this young female to be moved to Loro Parque, Spain. Groups/individuals are trying to stop this transfer. Dr Ingrid Visser/ Terry M. Hardie have written a report on why this whale is a good candidate for release, it can be found at this link.”

Urgent plea we received from Free Morgan, "We have the court hearing this Wednesday, the 3rd of August.  Strangely enough, the ministry has accepted the request to transport Morgan to Tenerife a few days ago, didn't even wait for the hearing.  To us this shows just how corrupt and tight the connections between the Dolfinarium and the Ministry are...  Our lawyer has already appealed against this permit, and there is a very good chance this permit has to be revoked. We are filing the suit against the ministry, and we hope the judge will see that the way things have gone just aren't right.  Our lawyer really feels that we stand a good chance in this case, I will copy-paste a letter he wrote at the end of this email...

The attorney wrote this letter because the legal fees have risen tremendously, and we are now €13K euros short! It’s just so frustrating, if we stop now because of lack of funding, ALL our work as well as that of all the people in the Free Morgan Group will have been in vain! ~ Free Morgan.  

Letter from Free Morgan’s Attorney:

There are some developments in the Morgan case we thought you would be

interested in. We have also added a request related to our current legal

costs at the end of this email, which we hope you are able to consider.

It turns out (not totally unexpected) that the place where the

dolphinarium wants to move Morgan to, Loro Parque on Tenerife, has 4 Killer Whales on display which are owned by SeaWorld.  There is a long history of mis-management, withholding of proper care to the animals and hiring of ‘unqualified’

trainers. We are in contact with Suzanne M. Allee, a former employee of

the center who has become a whistle blower on the issues at Loro Parque.

This also links in with previous legal cases taken on by Naomi Rose who

fought the case for the orca’s at the facility from the US. It is

becoming clear that the location at Loro Parque might only be a

temporary one for Morgan as nothing stands in the way of SeaWorld taking

her and/or her newborns to another facility in the US, as they have done

with other animals from this facility in the past.

We currently have a number of people working all hours to prepare for

the court case. Ingrid Visser is still in The Netherlands and working

flat-out to prepare for an appeal which will be submitted by Monday as

well as for the full lawsuit which will be before the courts on 3rd

August. I have attached the final version of Ingrid’s report. Our lawyer

has also been working over-time and through the weekend to get us ready

for the case. The scale of the case in relation to international

treaties, regulations and Dutch law makes it especially quite unique and

required the law firm to do extensive additional research.

Jean Michel Cousteau has also voiced his support for the campaign and he

is expected to go public with this (and talk with media about the

campaign) next week. A growing number of marine scientists, including

Paul Spong, Howard Garrett, Naomi Rose, Susan Berta, Michael Kundu and

the WDCS, have all sent letters of recommendation to our legal team in

response to Ingrid’s report.

It seems unlikely but there is a theoretical possibility that the

Ministry decides not to wait for the court proceedings and a judge’s

ruling on the matter and issue a permit next week regardless. This could

mean that there are a number of days where the dolphinarium will have

the opportunity to move her out of the country before a judge is able to

block it. The strange thing is that how things stand at the moment, this

would be outrageous but the dolphinarium wouldn’t be breaking Dutch law

in doing so.

To ensure this does not happen we have a large network of activists from

around the country as well as Germany and Belgium to come to the

dolphinarium as soon as there are any signs of them preparing for

transport. We currently have local activists spotting at the facility

numerous times a day and an ‘alarm list’ is in place to ensure a swift

response. We will then attempt to block the transport for as long as we

can while our legal team and lawyer correspond with the local council

and police commander to stop the transport from happening until the case

has come before a judge.

The media attention is already gathering pace in the run-up to the case

going to court. A major TV network will be broadcasting a program this

Tuesday with an exclusive interview from Ingrid as well as others. The

main Dutch press agency has issued two separate stories this week alone,

which have been picked up and published by every major newspaper in the

country. The interesting thing is that most journalists tell us that the

dolphinarium is fed up and unwilling to cooperate with any further media

requests about Morgan. In a recent interview the spokesperson of the

dolphinarium stated that they are getting very tired with the activists

taking up all their time and they kindly requested that the Orca

Coalition would refrain from seeking the injunction and starting the

lawsuit.

The campaign has come a very long way and we are confident that this is

one of the best opportunities a captive orca has ever had of regaining

her freedom thanks to the tireless effort of both activists and

scientists, working together in an effective campaign.

In recent weeks (with our legal team working overtime) our legal costs

have risen and we are now with a €13,000 deficit to our legal/campaign

costs. If there would be a possibility to request a contribution

from …………………………… towards these costs, it would

be much appreciated. We hope to hear from you.  

—————————————————————

Please go to http://www.freemorgan.nl/ and click on the donation 
button, which takes you to PayPal, where you can send money. Please 
send whatever you can. Please do it now.

Your money will be used immediately to help cover the legal costs of 
opposing the CITES permit to export Morgan to Spain (Lora Parque in 
Tenerife, i.e. Sea World) which the Harderwijk Dolfinarium now holds 
in its hands.

This may well be a last chance for Morgan to avoid permanent 
captivity. Sea World is giddy with the opportunity it has to expand 
its genetic "breeding" pool.

Again, we ask that you can do what you can, and thank you from The Orca Project.

————————————————————————————————

UPDATE on Morgan! “Morgan is to stay at the dolphinarium until more evidence/research is done – good news from the judge. Its not ideal that she has to stay in such a small tank however, but for the moment, she’s not facing a life in captivity.” ~ Marine Connection.  ~

That being said, we need to still ask that you donate what you can to her legal fund.  This fight is far from over.  And until she gets rehabilitated and her family is found, this saga will continue.

More Blood in the Water with SeaWorld’s Killer Whales and Trainers.

Keto at Loro Parque in Tenerife Spain

Here at The Orca Project, we are continually shocked and surprised as we dig further behind the scenes.  However, to date, there has never been a more stunning discovery as there was to learn about SeaWorld’s Killer Whales who were moved from the USA to their “overstock” hide-out in Tenerife, one of Spain’s, Canary Islands.

This will more than likely be the shortest blog on The Orca Project has done as we don’t want to waste much time opining on the incredibly hard to understand story; the videos and pictures of what truly goes on behind the scenes tell enough of the story.

The first video in this article, so well researched and written, by Tim Zimmermann of Outside magazine, is the most difficult to watch and comprehend.  If you thought some of the other things that go on there at SeaWorld and their little place at Loro Parque, you will utterly be flabbergasted at what you are about to see.

A big thank you to Tim Zimmermann for being so diligent in bringing this story to the public.

Read the full story here on Outside Online: “Blood in the Water” by Tim Zimmermann

… and for more information, visit The Huffington Post article “Death At Loro Parque: The Risks Of Killer Whale Entertainment”

SeaWorld vs Marineland. Killer Whale Ikaika Caught in International Custody Battle

Ikaika at Marineland, Canada in a recent photo by the Toronto Star. Click on photo to watch a video of Ike and Kiska interacting.

(UPDATED NOVEMBER, 2011):
Ikaika, a 4,000 pound (1,815 kg), 17 foot (5.2 m) killer whale is at the center of an international custody battle reminiscent of the tragedies that often befall (human) children caught in the middle of a complex system of laws, broken trust, self-interest and money.

Last week, a Superior Court Judge in Ontario, Canada ruled against Marineland of Canada, Inc (MOC) who is seeking to retain possession of Ikaika “Ike” who was on a breeding loan to the Niagara Falls marine park from SeaWorld Parks and Entertainment, LLC (SW) in the U.S.

In his conclusion on July 7, 2011, The Honorable Justice R.A. Lococo ordered Marineland “to co-operate in any way reasonably necessary to allow the safe and expeditious transport of Ikaika from Canada to the United States.”

Marineland has announced it will appeal the courts decision.

UPDATE- NOVEMBER 12, 2011: After MarineLand of Canada exhausted all legal avenues to prevent the transfer of Ikaika back to SeaWorld, Ike was transferred to SeaWorld of SanDiego. Read more and watch a video of his transfer HERE. With his move, a female orca named Kiska is left behind becoming 1 of 4 killer whales worldwide forced to live a life of solitude. A sad day indeed for these highly social and intelligent mammals which are known to spend their entire lives with their families in the wild.

When questioned about the court ruling, founder of Marineland, John Holer, 75, had had some rather unusual responses for Dylan Powell of the animal rights group Marineland Animal Defense . Watch below:

-

The Toronto Star also dug deep into this story, revealing SeaWorld’s claims to support their termination of the agreement which sent the 4 year-old orca from SeaWorld of Florida (SWF) to Marineland in November, 2006. SeaWorld stated “it had become concerned about Ikaika’s physical and psychological health if it remained at Marineland”. (Click HERE to read the full report by the Toronto Star).

Click on image to read the full court decision.

Note: Many of the orca health and safety issues discussed in this article (ie; poor dental health, infection, bacteria, stress, breeding, compatability, agressive behavior, trainer safety, etc) are at the heart of The Orca Project’s mission to advise the public about killer whale captivity. Click on the highlighted links to go in-depth and learn more about these topics.

In the report at Star.com, documents from the civil suit filed in an Ontario Superior Court reveal the parks’ inner workings, the health of their whales and the big business behind marine mammal entertainment. They also detail the sex lives of killer whales as well as the psychology of Ikaika, now 8 years old and growing stronger every day.

Sworn affidavits show that Ikaika has had a chronic dental problem since his SW days that affects his behaviour:

“Ikaika’s problem is with the roots of various teeth in his mouth. These roots are open, allowing bacteria to enter and cause infections. The normal course of treatment is to flush his teeth consistently, numerous times daily, and treat him with antibiotics and pain medications” ~said Lanny Cornell, a veterinary consultant to Marineland.

SeaWorld vets remained concerned about Ikaika’s elevated white blood cell count, although it admitted in a May affidavit that Ikaika was now physically fine. Marineland’s veterinarians said the spiked white blood cell count was consistent with his previous dental infections, but SeaWorld said the white blood cell count “could be related to stress, among other things.”

SeaWorld also continues to fret about Ikaika’s mental health. The whale has had to be separated from his female companion Kiska, 36 because he would bite her.

Ikaika has a history of aggression, often of a sexual nature, which began with an attempt to breed a young calf at SeaWorld shortly before his transfer to Canada. SeaWorld’s veterinarians then sedated Ikaika twice daily with Valium to “try to mellow him out.”

“We’ve already seen some of the precursors (of a human attack) up there, meaning he’s grabbed boots, he’s grabbed targets, he’s grabbed an arm before. Those are signs Ikaika is testing his environment and seeing what he can do. And if you’re not aware of all the little things that killer whales do, you can get somebody really, really hurt. I’ve got grave concerns on the safety of the staff and inevitably the safety of the animal because of the lack of change.” ~ Chuck Tompkins, a senior executive at SeaWorld and head animal trainer told the courts.

Tompkins went on to say Marineland isn’t listening to SeaWorld’s advice. For example, he said, the Niagara Falls park didn’t have a net to neutralize a whale, if there was an incident, until SeaWorld sent them one. He would also like to see Marineland acquire a lift and scale to properly weigh the mammal to help with administering the correct drug dosages. He also suggested that Marineland needs an emergency plan should someone fall into the water.

Marineland’s veterinarians did not agree with SeaWorld’s assessment (and The Orca Project questions the adequacy of the safety provisions at SeaWorld’s own parks). But the biggest issue between them appears to be the breeding program itself.

“Ikaika and Kiska have not proven to be compatible for breeding purposes and to date, no offspring have been produced,” Jim McBain, a retired SeaWorld veterinarian, who has overseen Ikaika from Orlando, said in an affidavit.

But now the pair is copulating continuously, although it isn’t clear if either whale is fertile.

“For the past four months, there has been, for the first time, considerable sexual activity between the two. Killer whales generally reach sexual maturity between seven and nine years of age”… Cornell said.

In TheProvince.com, SeaWorld contends:

“We maintain an abiding interest in the welfare of our animals and do not hesitate to act in their best interest if we feel that a partner institution is not meeting its obligations in veterinary care, husbandry or training.”

But don’t be fooled by SeaWorld’s motives. Even though they claim to do what’s best for their orcas, Ikaika was taken from his mother Katina and father Tilikum in November, 2006 at the age of 4 and shipped off to Marineland of Canada from SeaWorld Orlando. According to an article by Candace Calloway Whiting in the Seattle PI, “in the wild, orca families stay together for life.”

Despite these strong natural maternal bonds, Ike’s separation was to be a lucrative deal to breed with Nootka V, a female orca with an abysmal birthing record at MOC. Between 1992 and 2006, prior to Ike’s arrival, Nootka gave birth to 6 orcas and also had two miscarriages. Her last miscarriage occurred just 6 months prior to his arrival. Not one of Nootka’s off-spring is alive today. Nootka herself died in 2008 of unknown causes.

This left the juvenile Ike to breed with the only surviving female orca at Marineland… a now 36 year-old Kiska who was also captured off the coast of Iceland in October 1979. She is estimated to be the same age as Ike’s mother Katina and has an equally appalling birth record as that of Nootka. Kiska has given birth to 5 calves, all sired by the now deceased male Kandu VII. Four of their five calves were deceased prior to Ike’s arrival. The oldest only survived to the age of 6. The fifth calf died at age 4 shortly after Ike arrived. None of Nootka’s calves are alive today. In fact, prior to SeaWorld’s decision to send Ike to Marineland, 9 killer whales that were born there all died with an average survival of only 3.6 years.

In the wild, male orcas live an average of 30+ yrs and females 50+ yrs (many can live well into their 80s or 90s) yet SeaWorld sent 4 year-old Ike to this Canadian facility despite of its poor record of young captive-born orca care.

And although SeaWorld’s orca longevity is slightly better than that of Marineland, they too have seen their share of death and tragedy… losing four orcas last year alone. There are presently only 42 orcas alive in captivity worldwide today.

And what about the “forgotten” animals involved in this breeding loan transaction? As part of the deal to send killer whale Ikaika to Marineland in 2006, four Beluga whales were traded to SeaWorld of Florida (3 in 2006 and another in 2008). Two trained Sealions were sent to Marineland from SWF in 2006 as part of the deal.  As of May, 2009 the two SeaLions are still listed as alive at MOC by the U.S. National Marine Fisheries Service (although NMFS record keeping is poor at best). Three of the belugas still reside at SeaWorld of Florida. However, Juno, a 9 year old male beluga, part of the 2006 transaction and transfer, has since been sent to Mystic Aquarium in Connecticut on a breeding loan to replace the “aging” Inuk.  The 29 year old Inuk died of kidney failure 1 month after Juno’s arrival. Although regarded as friendly and playful, in the video below, Juno displays aggressive behavior in the underwater viewing area in what is described as “jaw-popping” by a Marineland educator:

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Another video shows similar behavior and the type of life Juno must endure every day:

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Is SeaWorld concerned? Will they be seeking to take Juno out of Mystic and remove him from his life of aggressive behavior and obvious stress from visitor harassment? Our guess is no. The “real” money is with the orcas.

So, what happens to Ike now? Unfortunately, none of the right answers are on the table. Like most (human) custody battles, the children are caught in the middle and the outcomes are rarely pleasant. If allowed to stay at Marineland, Ike will continue his forced, unnatural breeding with Kiska and provide her with her only orca companionship. If sent back to a SeaWorld park, Kiska will become yet another victim of solitary confinement and Ike will be cast into another forced, unnatural family structure and undoubtedly continue to breed (naturally and/or artificially). Either way, he’ll live a life of confinement performing to the whims of the paying public and profitable marine park industry.

The time has come to stop breeding these amazing, intelligent creatures. End their confinement and exploitation. Return those that can be released back to the wild and/or transition them to a natural environment in sea-pens where they can live out their lives as best they can. They have already paid an incredible price.

Justice for Lolita. Taking Her Fight with APHIS to the Next Level.

After many years of writing letters to the U.S. Department of Agriculture’s Animal and Plant Health Inspection Services (USDA-APHIS), the agency in charge of enforcing the Animal Welfare Act (AWA) regulations on keeping marine mammals in captivity, it seems we keep hitting our heads against the proverbial wall. What seems obvious to a normal person who sees Lolita, the captive orca from the Puget Sound round ups, is that her housing situation at Miami Seaquarium is indeed not in regulation with current AWA standards.

The true size of Lolita's illegal tank at Miami Seaquarium is shown in this graphic.

However, APHIS continues to state it is.  As it becomes more and more evident that they are seemingly not interested in enforcing the regulations of her substandard tank, protective shade, and keeping her with one of her kind and simply saying everything about Lolita’s confinement at the Miami Seaquarium is up to standard; an investigation is being demanded into a federal regulatory agency’s lack of enforcement.  (More on their inaction here.) 

Thanks to caring and concerned citizens, such as Wendy Cooke and Kelly J. Conner, who continue to keep writing letters asking APHIS to enforce the regulations that are set in place and showing clear-cut proof her tank dimensions are in fact illegal, we can come to the conclusion that APHIS is either incompetent, or just ignorant to the facts here. Which is it? Read on and decide for yourself.  Then help us take action.

For over four decades Lolita (Tokitae) has been on display at the Miami Seaquarium in a concrete pool just 35 feet wide by 80 feet long, in direct violation AWA. Captured in 1970 from her family pod in Washington State, Lolita is confined in a tank that violates at least four provisions of the AWA. Wendy Cooke of Sacramento, California, in collaboration with Orca Network, The Orca Project, and a broad range of groups and individuals nationwide, has sent a letter to the USDA’s Office of Inspector General (OIG) requesting an investigation of the failure of the USDA’s Animal and Plant Health Inspection Service (APHIS) to take enforcement action against these AWA violations.

This graphic, obtained from APHIS through the Freedom of Information Act shows that APHIS is fully aware that the MHD calculation is 35 feet. 13 feet less than the minimum requirement.

The most egregious violation concerns the minimum horizontal dimension of Lolita’s tank. The AWA requires that the width of an enclosure for a whale must be twice the whale’s average adult length. For a killer whale that’s 24 feet, so the required minimum horizontal dimension is 48 feet according to APHIS. Yet the distance from the front of the Seaquarium’s whale pool to its opposite wall is only 35 feet—a clear violation of the Animal Welfare Act.

APHIS has attempted a variety of evasions of its responsibilities over the years by using the following contradicting explanations. Examples from Wendy Cooke’s experience in an attempt to justify the legality of Lolita’s tank size are these:

1. In a letter dated March 3, 2010, APHIS’s Deputy Administrator of Animal Care, Dr. Chester Gibson, wrote that Lolita’s tank measures 60 x 80 feet. APHIS’s Minimum Horizontal Dimension (MHD) measurement of Lolita’s tank, he stated, did NOT include the medical pool behind the concrete work station.

From this archival photo, it is clear the workstation wall, which separates the show pool from the back medical pool is SOLID.

2. In a conversation on March 14, 2011, with APHIS’s Eastern Regional Director of Animal Care, Dr. Elizabeth (Betty) Goldentyer, said that the concrete work station was actually a “floating island” that was “suspended by some sort of pedestal.” According to Dr. Goldentyer, Lolita could swim under the trainer’s platform to the back medical pool, therefore making her tank legally sized. However, Dr. Goldentyer stated that the 60-foot MHD measurement cited by Chester Gibson was from the edge of the main pool to where the gates are connected to the concrete trainer’s platform.

3. Dr. Goldentyer stated in a letter dated June 2, 2011, that the MHD measurement of Lolita’s pool is 60 feet “partially obstructed” by the trainer’s platform. She claimed that “the definition for MHD does not preclude a partial obstruction, such as the island in Lolita’s pool.”

APHIS Regulations clearly exclude gated side pools and medical pools from inclusion in primary housing calculations. The solid work platform with gates on both ends prohibits Lolitas free movement.

On August 04, 2010 the US Department of Agriculture’s Animal and Plant Health Inspection Services said they conducted an inspection of Miami Seaquarium (MSQ) and what they found them in violation of is startling.  “No non-compliant items found during this inspection“.  How is this possible? To the naked eye one can see her pool is not the 60 foot MHD measurement APHIS claims.  If they were indeed there in August of 2010, it would have been clear to see that the trainer’s platform is solid.

In a June 2, 2011, letter to Cooke, Eastern Regional Director for Animal Care Elizabeth Goldentyer, DVM, wrote, “…shade and protection from weather is provided by the stadium seating around Lolita’s pool…” despite aerial photographs showing the entire tank exposed to direct sunlight.

Kelly J. Conner, RN, of Fort Lauderdale, Florida, recently wrote a letter to APHIS bringing attention to the wording of the AWA:

An aerial view shows NO shade protection (other than for guest seating areas) and the 35' dimension of Lolita's confinement.

…Lolita’s tank is 80 feet across and 35 feet from the front of her tank to the work station. From the rear portion of the work station to the back of the tank the measurement is 25 feet. While I am going to assume that your office is adding the 35 feet and 25 feet measurement together to come up with a measurement of 60 feet, the fact remains that the regulation clearly states “with a straight line of travel across the center.”

Conner continues,

Paragraph three of your letter to me dated April 21, 2011, states, “We take very seriously any allegations of noncompliance with the AWA.” In that event, I would like some explanation from your office as to why after several decades of complaints, including but not limited to one filed by Humane Society International in 1995 regarding Lolita’s tank, Miami Seaquarium has not been forced to comply with the minimum standards of the law.

Despite evidence of the illegality of Lolita's tank size, APHIS continues to claim the solid barrier and gates are excluded from the calculations.

The story here is that APHIS has tried, whether deliberately or not, to create a dead-end for the increasing activist pressure by brushing off all our concerns with an “all-is-well-at-MSQ” letter they typically send in response to anyone who questions them in regard to Lolita’s urgent situation.  So, we are taking the fight to the next level and to the Office of the Inspector General (OIG), the USDA internal auditor that has cited the Eastern Regional Division of APHIS for not enforcing the law, not finding violations, and not assessing fines.

On June 6, 2011, Wendy Cooke wrote to the OIG, stating,

With the full knowledge and acquiescence of APHIS, Lolita has been confined for over 40 years in an inhumanely undersized tank that violates several aspects of the Animal Welfare Act:

- Lolita’s tank, which is the smallest orca tank in North America, is 13 feet shorter than is required by the Animal Welfare Act (Section 3.104).

In this photo, Lolita's length indicates her small confines. Note the crowd is protected from the sun.

- Lolita has no shade to protect her from direct sunlight and no protection from the weather, including hurricanes. Her exposure to sun and weather violates Section 3.103(3)(b) of the Animal Welfare Act.

- Lolita’s pool does not meet the perimeter fence requirements to keep animals and unauthorized people out, nor does it protect her from abuse and harassment by the public. (Sections 3.103(3)(c) and 3.101(2))

-Lolita has not been in the company of another orca since 1980. This highly social animal is subjected to this solitude with the unfounded belief that her dolphin tank-mates are an acceptable replacement for a member of her own species. (Section 3.109 Separation)

The USDA’s OIG has been very critical in the past concerning mismanagement at APHIS and the failures to properly conduct inspections and compliance of AWA regulations. In a 2005 audit of APHIS- Animal Care (AC), the OIG found:

“Due to a lack of clear National guidance, AC’s Eastern Region is not aggressively pursuing enforcement actions against violators of the AWA   “We found that regional management significantly reduced its referrals of suspected violators to Investigative and Enforcement Services (IES) from an average of 209 cases in fiscal years (FYs) 2002-2003 to 82 cases in FY 2004. During this same period, regional management declined to take action against 126 of 475 violators that had been referred to IES. In contrast, the Western Region declined action against 18 of 439 violators.” 

But why is there such a vast difference from the Eastern Region where Lolita resides, to the Western region? The OIG report continues:

Click on thumbnail image above to read the USDA's Office of Inspector General 2005 audit of APHIS failures to enforce regulations

In FY 2004, the Eastern Region employed 17 inspectors (highly trained AC technicians), 29 Veterinary Medical Officers (VMOs), and 5 supervisors/ managers; the Western Region employed 29 inspectors, 25 VMOs, and 6 supervisors/managers. VMOs are licensed veterinarians and conduct inspections of all registered research facilities. Both VMOs and inspectors conduct inspections of licensed facilities (i.e., animal dealers, exhibitors, and other entities). At larger research facilities, more than one VMO may conduct the annual inspection.

In FY 2004, the 100 VMOs/inspectors nationwide were responsible for inspecting over 8,800 facilities. In addition, some inspectors travel hundreds of miles from one facility to the next. Given the limited number of inspectors and the large number of facilities, AC created a risk-based inspection system (RBIS) in February 1998 to better focus AC’s inspection strategy. Under this system, not all facilities are inspected annually. Some facilities meeting the criteria for low frequency intervals are subject to inspection once every 2 years, while others determined to require high frequency inspections are inspected at least 3 times annually.

And that is just the tip of the iceberg. They go on to cite many of the same problems that we have been faced with concerning APHIS.  Here is another interesting read relating to APHIS’s failures in inspecting plants and crops.  They may as well be talking about Killer Whales and marine mammals.

If APHIS were to enforce the AWA and shut down the illegal Miami Seaquarium tank holding Lolita, this lonely orca could retire after over 40 years of captivity to rejoin her well-known family pod in Puget Sound. Killer whales are bonded to their mothers’ families for their entire lives, and Lolita still vocalizes using her pod’s unique calls. The Seaquarium could enjoy positive public perceptions from helping to humanely retire Lolita, instead of the overwhelming negative publicity of letting her die as a display whale.

Lolita’s birthright is the L25 matriline of the “L” pod of the Southern Resident orca community in the Pacific Northwest. Lolita’s mother is believed to be Ocean Sun, approx. age 83, who still resides with Lolita’s family swimming freely in the open waters where Lolita was captured. Her capture occurred right before implementation of the Marine Mammal Protection Act which helps protect her family members from being taken, although loopholes still exist in these laws. In 2005 the Southern Resident orcas were listed as endangered species. Because Lolita was caught ‘pre-act’, the powers-that-be excluded her from the status of endangered.

It’s almost certain that Lolita’s life span would be greatly extended if she were to return to her family. Wild female orcas live an average of 50 years, with many thriving well past their 80th birthdays. In contrast, Lolita is the last survivor of 45 Southern Resident Killer Whales that were captured for display in marine parks between 1965 and 1973. Most of those captured orcas died after just a few years of captivity. And if Lolita dies in her tiny, forlorn concrete tank, the Miami Seaquarium will face the anger of hundreds of thousands of orca lovers worldwide.

A call to action, and what you can do to help.

The Office of the Inspector General has a “Hotline” for reporting violations related to USDA programs such as; fraud, employee misconduct, mismanagement, conflict of interest, etc. The hotline tips can be submitted online, by email, by phone, by mail. Here’s the link to the OIG’s hotline: http://www.usda.gov/oig/hotline.htm

Below are sample letters to APHIS Administrators

http://www.orcanetwork.org/captivity/aphisletters.html

http://theorcaproject.wordpress.com/how-to-help/lolita-40-years-in-captivity/

Press Release by Orca Nework: http://archive.constantcontact.com/fs077/1101447505873/archive/1105850825303.html

What else YOU can do:

• Tell your friends and families not to visit or support Marine Mammal Parks like Miami Seaquarium, SeaWorld and Six Flags.
• Call your Congressman and elected officials and tell them not to support Marine Mammal captivity. To locate your government officials, click <HERE>.

Additionally, Hunter Shaffer, a 13-year-old disabled activist from New York State who is dedicated to retiring Lolita to her native waters in Washington, says, “Orcas are highly intelligent and social marine mammals that typically swim 75-100 miles a day and repeatedly dive to several hundred feet. Lolita is alone and cannot swim any distance except in tight circles in a pool that is not as deep as she is long.” Shaffer has gathered over 1,700 signatures on a petition asking APHIS to help “retire Lolita from the Miami Seaquarium, and rehabilitate her in Puget Sound.” Please sign and share widely.

Finally, The Orca Project would like to thank the hard work of Wendy Cooke, Kelly Conner, Meg McDonald, Susan Berta and Howard Garrett of Orca Network and of course Shelby Proie of SaveLolita.com, along with the countless compassionate citizens who tirelessly seek the retirement and return home of Lolita. The average American Citizen works 40-45 years. Lolita has worked nearly 41now, and she doesn’t get weekends off or two to three weeks vacation per year. Now is the time to make a big push for her.