SeaWorld’s view of drive hunts: from “not illegal” to a “horror”

SeaWorld changes its position from being merely "not illegal" to a "horror"

SeaWorld changes its position from being merely “not illegal” to a “horror”

SeaWorld’s Chief Zoological Officer, Brad Andrews, has clarified – on its SeaWorld Cares page – its new position on dolphin drive hunts: they are a horror.  In the past, SeaWorld defended its obtaining false killer whales from a similar drive “fishery” in Iki Island, Japan.  Rather than being considered a “horror”, SeaWorld (either Mr. Andrews or its Director of Veterinary Service, Mr. Jim McBain) characterized SeaWorld’s import of these false killer whales as a “rescue”, “saving” or, alternatively, as being conducted under legal permits.  It also stated that while killing dolphins in a drive hunt was inhumane, taking the ones not killed (i.e., saving them) was humane.  In logic that would seem reasonable in a vacuum, when one has witnessed the drive hunt as have the Sea Shepherd Cove Guardians, every day during the drive hunt season since 2010 (and one would think that Mr. Andrews has availed himself of the archived footage of the drive hunts), he or she knows without a doubt that the killing is not the only inhumane aspect of the drive hunt process.

The drive hunt is a horror, in the truest sense of the word, because it is fear, it is panic and horror, that makes the process work.  The entire process is a horror: from the first sighting of migrating dolphins by the twelve “banger boats” to the miles of driving the dolphins by inflicting the cacophony of coordinated noise that is effected by repeated banging on the long metal poles, to the dolphins arrival at what is for most their final destination, the killing cove.   SeaWorld is right, now.  It is a horror.  And any institution that would pay, as SeaWorld has, to underwrite the horror is as well.  So, while Mr. Andrews’ new statement about the drive hunt is perhaps refreshing, it doesn’t go far enough.  The world deserves an apology for the years of blurring, distancing and denying.  The world deserves a statement that the images in the following video of the capturing of marine mammals in Russia reveal a horror.

So, thought I would write Mr. Andrews a short note:

Dear Brad Andrews:

This is what you need to know about the Taiji dolphin drive hunt: the world followed your very profitable business model, a business model that is built on exploiting marine mammals. But the rest of the world found out that how SeaWorld and other aquariums filled their tanks, up until passage of the Marine Mammal Protection Act (I love your interview in A Whale of a Business, by the way, Mr. Andrews) was still easily available to them, as it had been to you before Congress and the State of Washington said, “Not so much, Brad.”

So now you pride yourself on not importing drive hunt dolphins when it is, let’s be realistic, impossible in the U.S. (and hey, good move on saying that you wouldn’t take the beluga whales that the Georgia Aquarium is/was fighting to import when it looked like a doomed venture).

I understand that the public doesn’t understand the MMPA as well as you and I. But please stop taking credit for not doing something that would never be allowed in the first place.

And, by the way, we are waiting for an apology – not merely a change of heart – for SeaWorld’s having underwritten the horror, as you now call it.


Mo Brock

Perhaps SeaWorld’s change of “heart” about drive hunts from being “legal” or a “rescue” to being a “horror” explains why SeaWorld refused to accept the beluga whales captured in Russia for the Georgia Aquarium.  Perhaps SeaWorld recognizes that the methods for capturing belugas and orcas and other marine mammals in Russian waters are like a distinction without a difference, instead of, as I suggest to Brad in my note to him, being merely a good move.  Perhaps we can soon expect statements from not only SeaWorld, but also the Georgia Aquarium, the Shedd Aquarium and the Mystic Aquarium that they no longer support the capturing of any wild marine mammal for inclusion in their displays or shows.  Even better, perhaps we will see statements from these and similar institutions that they intend to end the “display” model and to retire the marine mammals currently in captivity to ocean sanctuaries created specifically for that purpose.  Because the fact remains, marine mammal advocates from around the world will not stop demanding it until we have those statements, and until the law is revised to reflect that new, unequivocally humane, policy.

When SeaWorld does that, then we will have greater confidence that SeaWorld does, in fact, care.

Because this, going on right now, is a horror.

Dolphin trapped under the net during dolphin drive hunt in Taiji, Japan. Photo from Sea Shepherd Conservation Society Cove Guardians

Dolphin trapped under the net during dolphin drive hunt in Taiji, Japan. Photo from Sea Shepherd Conservation Society Cove Guardians

What you can do:

  • Write a letter to the California Coastal Commission objecting to SeaWorld’s tank expansion project and supporting passage of the Orca Welfare and Safety Act.  This one is time-sensitive.  Write by Monday, October 5.
  • Sign the petition to the California Coastal Commission opposing SeaWorld’s tank expansion project.
  • Write letters to the editor of your local newspapers and newspapers in aquarium locations demanding an end to the capturing of wild marine mammals for any purpose.
  • Write letters to your Congressmen demanding that the Marine Mammal Protection be updated to eliminate the exception for permits for capture or import of captured marine mammals or their progeny.
  • And never, ever (even to a wine tasting or corporate party) go to an aquarium with a cetacean, and better yet, any marine mammal, exhibit
  • Write to your local aquarium demanding that it end its marine mammal displays and that it embrace the creation of marine mammal sanctuaries for the retiring of those already in captivity
  • Support the efforts of marine mammal advocacy groups by making donations to support their efforts, both legal and policy-directed, to end the horror of marine mammal captivity.
  • Write to your relevant department of state to demand that the Taiji dolphin drive hunt be identified as inhumane and unsustainable.

For more information about SeaWorld’s role in the drive hunts, please read Op-Ed: SeaWorld’s Convoluted Logic on Taiji’s Dolphin Slaughter or SeaWorld’s Collaboration in the Wild Caught Industry, leading right back to Taiji.

Aqua Vino is wine with a cause: marine mammal captivity

The Georgia Aquarium fights to import wild beluga whales.The Georgia Aquarium is promoting its 10th annual fundraiser, Aqua Vino Nights.  According to the Georgia Aquarium, the event offers an opportunity to “witness the remarkable behavior of social animals and socialites” for the ticket price of $150 to $325 (Georgia Aquarium members pay less), for a cause.  The Georgia Aquarium says that the cause is its important southern sea otter research conservation initiatives.  But what other cause does the event support?

Aqua Vino Nights: exploiting some marine mammals to "conserve" others

Aqua Vino Nights: exploiting some marine mammals to “conserve” others

If one traces the money trail for the Georgia Aquarium’s various “initiatives”, he may find a direct trail supporting the aquarium’s claims.  But what of the less direct (or, rather, less obvious) trail?  What does one find?  In the Georgia Aquarium’s own words, one will find “remarkable . . . social animals” held for a lifetime of captivity, doing tricks for a paying public.

Beluga whales captured and held in tanks in Russia awaiting their "disposition." Photo credit M. Lanovoy

Beluga whales captured and held in tanks in Russia awaiting their “disposition.” Photo credit M. Lanovoy

Beluga WhalesOne will find the beluga whales and dolphins housed in concrete tanks, including the window in the Georgia Aquarium ballroom which allows guests to party down while watching the beluga whales.  These whales, who in the wild swim in family and community groups of tens to hundreds and traverse hundreds of miles in regular migration in Arctic waters, are relegated to a morbidly small tank. In its short operation time, four beluga whales have died (the link does not include the death in 2015 of Maris’ latest calf) in the Georgia Aquarium’s tank, and one, Nico, died in 2009 about three weeks after being transported to SeaWorld of Texas.

Despite its morbidity record, or perhaps because of it, the Georgia Aquarium is seeking to import 18 wild-caught Russian beluga whales.  The aquarium awaits the decision of Federal District Judge Amy Totenberg, following an August 14, 2015, hearing in which NOAA, the Georgia Aquarium and intervenors Animal Welfare Institute, Whale and Dolphin Conservation, Cetacean Institute International and others presented their arguments for summary judgment.

Georgia Aquarium would steal these lives

Beluga whales in Russian waters. The scale may difficult to grasp, but not so difficult that life in a tank is revealed to be a horrid life sentence.  Image from the Russian Academy of Sciences.

Anyone who has seen the beluga whales up close at the Georgia Aquarium will undoubtedly come away with a sense of wonder.  “Wonder” is exactly what its customers should be doing.  They should wonder why aquariums and marine parks exploit certain species while claiming that captivity and exploitation of “remarkable . . . social animals” are necessary to conserve?

The beluga tank serves as a backdrop to the Georgia Aquarium's ballroom.

The beluga tank serves as a backdrop to the Georgia Aquarium’s ballroom. Photo from the Georgia Aquarium flickr photos.

DolphinsAnd then there are the dolphins, another of the “remarkable . . . social animals” whom the Georgia Aquarium keeps captive.  The Georgia Aquarium currently holds 13 dolphins in its tank system, including five who were shipped from SeaWorld San Diego on May 13, 2014, but excluding

Shaka, wild-caught, shipped from the Georgia Aquarium to Marineland Florida on December 9, 2013.

Shaka, wild-caught, shipped from the Georgia Aquarium to Marineland Florida on December 9, 2013.  Photo from Dolphin Quest.

Shaka and Lily, who were part of the original eleven dolphins at the Georgia Aquarium, subsequently shipped to its Marineland location on December 9, 2013.

These 15 currently-alive dolphins tell only a thinly-veiled version of the story.  Behind that thin veil are the thousands of dolphins who have been captured (or bred from those captured) by the aquarium and marine park industry.  Marineland Florida, now owned by the Georgia Aquarium, was one of the first of such attractions in the United States.  Its 14 currently-living dolphins, including two who were captured in the early 1970s, mask a record of death that will shock anyone except the callous.  A 2004 report by the Sun-Sentinel noted that “Seaquarium has lost 64 of 89 dolphins since 1972.  Of those whose age could be determined, more than half died at 10 or younger, including 16 in their first year.”  And that was 2004.  (Because the required record-keeping (16 U.S.C. §1374(c)(10)) is unattached to any meaningful enforcement, one wonders whether it is reasonable to have confidence in the accuracy and timeliness of the records, which are accessible via the Freedom of Information Act.)

Capturing for the aquarium and marine park industry.  While the Georgia Aquarium fights to be able to import wild-caught marine mammals, other parts of the world do not have to wage the same fight to capture them.  Even killing them en masse, intentionally, during the capture process is permitted.  In Taiji, Japan, they do not capture beluga whales because Taiji is not located in the Arctic; they capture, and kill, the marine mammals that migrate in its waters.

On September 18, 2015, a community of 75 to 80 bottlenose dolphins were herded in a “drive hunt” into a small cove.  For two days, family members were ripped from one another, with the ones prettiest and deemed most suitable for displays taken for the aquarium and marine park industry.  Fifty, or approximately two-thirds of the community, was captured in a process that is neither humane nor sustainable.

Dolphins thrash in panic as the Taiji dolphin hunters attempt to separate dolphins into "takes" and "not takes." Photo credit: Sea Shepherd Conservation Society.

Dolphins thrash in panic as the Taiji dolphin hunters attempt to separate dolphins into “takes” and “not takes.” Photo credit: Sea Shepherd Conservation Society.

This photo and others taken by the Sea Shepherd Conservation Society reveal some of the terror that the capturing process causes in the dolphins.  While we do not know what dolphins “feel”, we do know that members of the closely-knit dolphin communities will fight to stay together, even at their own risk, during this process.  Yesterday’s image of the dolphin mother and calf being separated so that the mother could be taken into captivity is horrific to an ethical human.  The calf, not taken with his mother, is now condemned to whatever “life” can reasonably be expected, without the relationship with his mother that would have taught him survival skills.

Dolphins are trapped under a net in the process of capturing, subduing and separating dolphins for the aquarium industry. Photo credit Sea Shepherd Conservation Society.

Dolphins are trapped under a net in the process of capturing, subduing and separating dolphins for the aquarium industry. Photo credit Sea Shepherd Conservation Society.

Taiji Dolphin Drive Hunt quota. Image and data compilation from Cetabase on Facebook.

Taiji Dolphin Drive Hunt quota. Image and data compilation from Cetabase on Facebook.

But to an aquarium industry and its supporters (ticket-purchasers) this mother-calf separation is invisible.  The predictable death of the calf will not be noted in a statistic anywhere, certainly not in the quota allowed by the Japanese Fisheries Ministry.  His death and the fate of the pod decimated by the Taiji dolphin hunters will fade into oblivion.  It will certainly not be reported by the industry that will be profitable only so long as facts such as these remain hidden from view.

The entire aquarium and marine park industry is culpable.  The U.S. aquarium and marine park industry likes to proclaim, while it neglects to mention or even abandons the current effort of the Georgia Aquarium, that it no longer captures marine mammals from the wild.  Further, it attempts to distance itself from the Taiji hunt.  It does not want the paying public to connect the dots, but it is without question that the world aquarium and marine park industry has fashioned itself on the U.S. model of shows to attract the public to its turnstiles. The boom of U.S. aquariums that started in the 1950s and 1960s is only beginning in the rest of the world.  China, Japan, the Middle East, islands of the Caribbean and elsewhere are busy playing catch-up to the mature U.S. industry.

But what has been revealed in the 50-plus years since the U.S. boom is that dolphins and whales are not suited to captivity.  The statistics alone tell the tale.  But these statistics and the stories behind them have been distilled into films and books that make the institution of marine mammal captivity anything but the benign image portrayed by the display industry.  Films like Blackfish, A Fall from Freedom, Saving Flipper, A Whale of a Business, Vancouver Aquarium Uncovered, the to-be-released Born to be Free, and the Oscar-winning The Cove present the truth about an exploitative industry that should have been retired long before 2015.  Books like Orca: The Whale Called Killer, Death at SeaWorld, Beneath the Surface and Of Orcas and Men fill in more details than can be captured in films.  All of them reveal that the fascination with whales and dolphins in captivity is a morbid one

The aquarium and marine park industry is, however, profitable.  Highly so.  And as long as the public continues to pass through the cha-ching of the turnstile, the industry will continue to exploit dolphins and other marine mammals.  The world aquarium and marine park industry, modeled after the U.S., uses dolphins and other marine mammals as replaceable, fungible attractions, much as the U.S. industry did in its early years, in a cycle of unending capture.  In the U.S., aquariums and marine parks are beginning to feel the tide of history turning, thanks to the efforts of non-governmental organizations, authors and film-makers.  The National Aquarium, for instance, ended its dolphin shows in 2014, but rumors of its ending dolphin captivity have not come to fruition.  Yet.

Conservation is the new favorite word. In its efforts to “stay current” and face down the growing awareness of the horror of captivity for marine mammals, the U.S. aquarium and marine park industry is attempting to associate, in the public’s mind, captivity with conservation.  “We do good works” is the new mantra.  “Come to the aquarium and take part in conservation.” But the fact remains, and it is a fact, that it is the dolphin or beluga attraction that keeps the money flowing.  The advertisement for the Aqua Vino event at the top of this post makes this perfectly clear.  It is another fact, also born out by this event, that the conservation efforts of the aquarium industry are mainly focused on other species, not the main attractions.  The new message to the public is that we must exploit to do good.  But we are better and smarter than that.  We know that there need be no link between the two.  And we also know that if they are linked, the money for conservation is tainted with the morbid lives of sacrificed individuals.

Aqua Vino may be an event for a cause.  But that cause is marine mammal captivity.

Beluga Cousteau quote

Trailer for Born to be Free:

Georgia Aquarium accuses NMFS of “bobbing and weaving” while “cooking the books”

The tone of yesterday’s hearing on the question of whether the federal government erred in its decision to deny a permit to the Georgia Aquarium to import 18 wild-caught beluga whales was “educated”.   As counsel for both parties, the Georgia Aquarium and the Department of Justice on behalf of the National Marine Fisheries Service (NMFS), and intervenors Animal Welfare Institute, Whale and Dolphin Conservation and Cetacean Society International, made their cases in 45-minute arguments, Federal District Court Judge Amy Totenberg, after congratulating all participants on the quality of the briefs, demonstrated that she had identified what she considered lingering questions, as she honed aspects of the arguments that would be important in her determination.

The Georgia Aquarium fights to import wild beluga whales.

The Georgia Aquarium fights to import wild beluga whales.

The Georgia Aquarium opened its strongly-worded argument by claiming that NMFS’ decision, in denying the permit, was arbitrary and capricious and not in accordance with law by, in a “feast of failures,” having invented new standards in makings its determination, having manipulated data, which it suggested amounted to “cooking the books,” and having “changed its mind” without explanation about the issuance of the permit. The Georgia Aquarium added the claim that NMFS, in its decision, was amending the Marine Mammal Protection Act (MMPA) by “extraterritorial application” of another country’s laws.

In a nutshell, the Georgia Aquarium sounded as “whiny” as a child on a school playground, claiming that it wasn’t picked for the winning team.

Much of each Party’s time was spent responding to Judge Totenberg’s questions about data and how it was used by NMFS in its determination. The Georgia Aquarium argued that NMFS had erred by not considering the Potential Biological Removal (PBR) Level, which is defined as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population. It wondered aloud that if NMFS did not use PBR as its “standard” in making its determination, then what standard it did use and welcomed being “thrown into a briar patch” discussion of standards. Judge Totenberg observed that this “if not this, what” approach was a Draconian framing of the question and recognized that the PBR does not have the status of the “sole litmus test” that the Georgia Aquarium seemed to be “edging toward.”  Judge Totenberg observed that the PBR is one of several tools used by the Agency and noted that, in contrast to the Georgia Aquarium’s assertion, NMFS had, in fact, considered PBR.

Beluga whales captured and held in tanks in Russia awaiting their "disposition."  Photo credit M. Lanovoy

Beluga whales captured and held in tanks in Russia awaiting their “disposition.” Photo credit M. Lanovoy

NMFS responded by recounting data that showed that the PBR had, in fact, been exceeded, but urged the Judge not to make her determination upon this one finding, because there was other evidence that supported its decision to deny the permit. NMFS had found, for instance, evidence of human-caused beluga mortalities due to subsistence hunting in the Sakhalin and Shantar Bays, bycatch during fishing operations, and the live capture process itself that were not properly taken into account by the Georgia Aquarium’s application. It also pointed to significant uncertainty in the data that constrained the ability to develop a meaningful trend over the twenty year time period that it evaluated. Further, NMFS stated that the PBR is not something that NMFS normally uses in reviewing permit applications but is, instead, a quantity that the Agency is directed to prepare for evaluation of United States stocks of marine mammals.

As to whether the Agency had changed its mind, Justice recounted that there were many different levels within the Agency involved in reviewing the permit applications and the significant comments that were provided by the public during the comment period, and that the Georgia Aquarium is in error in suggesting that there was a “mind” to have been “changed” until the final permit decision.

As to making its decision based upon other nation’s laws and whether this amounted to amending the MMPA, Justice answered easily that it was the act of “import” that was under consideration in light of standards that must be applied under U.S. law, but reiterated that the actions of other entities, in this case a Russian beluga-capturing operation, and whether those actions would place beluga populations at risk, were issues being asked and answered.

The technical nature of the data is beyond the scope of this writing because, frankly, I do not understand it all. But I will rest easily knowing that the decision will be made by a judge who will not fall for assertions of “book-cooking” and “bobbing and weaving,” but will make her decision on the basis of the record that she noted was argued well and long by both sides.

Or at least one.

Judge Totenberg could render her decision in as little as two months.

Rehabilitation and release for marine mammals – a stacked deck

Imagine that you’ve experienced a significant trauma, like a car accident.

A traumatic injury begins a journey of rehabilitation for marine mammals

A traumatic injury begins a journey of rehabilitation

You are taken to a hospital, where the hospital finds that you require emergency care and a prolonged rehabilitation with physical and occupational therapy.

After two and a half years, you can finally walk again, and you are able to resume your normal life.

But imagine that the hospital staff, instead of discharging you, claims that you must stay in the hospital indefinitely because the decision about your future was made at the two-year mark and that there is nothing mandating that your condition be re-evaluated.

Spoon-feeding in the long run teaches us nothing but the shape o the spoon.  - E. M. Forster

Spoon-feeding in the long run teaches us nothing but the shape of the spoon. – E. M. Forster

Imagine that during those two years of rehabilitation, the hospital staff, instead of teaching you how to feed yourself, insisted on spoon-feeding you your every meal.  Imagine that the food they fed you wasn’t anything you’d ever eaten, but was merely what the hospital insisted on providing.  And, to add insult to injury, imagine that you could have fed yourself, but that the decision to spoon-feed you was based on nothing to do with you as an individual, but was based purely on hospital policy and practice, a practice that was a function of cost, convenience to and, perhaps, an ulterior motive of the institution, rather than a decision based upon your well-being.

That is the life of many stranded marine mammals, especially cetaceans.

So, there are several questions:

  • Who makes the recommendations and determinations regarding the releasability of stranded marine mammals?
  • What are the criteria of releasability and are these criteria being followed?
  • When is this decision made?
  • Once made, can the decision be changed (or is the deck stacked against release)?

Who? For marine mammals who have the (mis)fortune of becoming stranded and rescued in the United States, it is up to NOAA to determine whether they can be released to the wild.  The criteria for “releasability” are not well-defined in regulation and, like many federal programs, are better-defined in guidance issued by the agency.  NOAA’s guidance on releasability provides more detail, where it states that it is not NOAA that actually performs the evaluation or makes the recommendation, but rather,

The attending veterinarian and their Assessment Team (i.e., veterinarians, lead animal care supervisor, and/or consulting biologist with knowledge of species behavior and life history) representing the Stranding Network Participant, Designee, or 109(h) Stranding Participant will assess the animal and make a written recommendation for release or non-release.

Part if not much of the team performing the evaluation and making the recommendation to NOAA is often occupied by SeaWorld staff.   NOAA reviews the written recommendation and uses it to make its determination.  Contrast that with the trainer message in the SeaWorld video below, where the trainer seems to go to great lengths to suggest to its paying audience that NOAA, without assistance from SeaWorld or others in the network, makes the recommendation to keep marine mammals at SeaWorld.

What?  The evaluation criteria in the guidance states that “[b]ehavioral clearance also should include confirmation that the cetacean is able to recognize, capture, and consume live prey when such tests are practical” and that “[b]asic behavioral conditioning of wild cetaceans for husbandry and medical procedures may be necessary during rehabilitation as long as every effort is made to limit reinforced contact with humans.”  In contrast with the guidance, the predominance of husbandry and maintaining human contact are evidenced in the SeaWorld video below, where the trainer states to the audience, “So, we teach [Fredi] lots of behaviors.  A lot of the behaviors we first started teaching her are called “husbandry” behaviors.”

When?  Further, releasability is a determination that is conducted no later than six months after a stranding, continued, theoretically, during the remainder of the first two years after the event, and effectively terminated after two years.  In your case, as with marine mammals, if the “hospital” has you at two years, they likely have you for life.  Especially if they never teach you how to feed yourself.

Meet Fredi, Ace, Ava, and Piper.  They stranded in separate events.  Fredi stranded in 2011 and Ace, Ava and Piper stranded in 2012.  They were all deemed unreleasable by NOAA on recommendation by, you guessed it.

This is a video of the event in which Ace, Ava and Piper and members of their pod stranded on a beach in Fort Pierce, Florida.

Ave, Ace and Piper, as Fredi before them, were turned over to SeaWorld.

See how they were doing in 2013.  And how SeaWorld wants to “invite you all back over the next days, weeks, months, and years, to come back to see how these guys are growing, and learned over time, because hopefully, one day you’ll see these four pilot whales do their own segment in the Blue Horizons show.”

I think I can hear you, thinking, along with many others who are becoming aware of the many secrets of the aquarium industry, that it is less than clear that SeaWorld, as part of its rehabilitation program, made any effort to teach Fredi, Ava, Ace and Piper to catch their own fish.  And doesn’t it suggest that SeaWorld did not follow NOAA guidance in its program?

It’s hard to know.  Obtaining documents through Freedom of Information Act (FOIA) (whining here) isn’t always successful, especially if your fact-finding is constrained by being able to afford the cost of the request.

A change is clearly needed that will end the deck-stacking in favor of “unreleasability.”  And that change will likely come only if we insist that the deck should not be stacked, it should be neutral, and cetaceans should be taught to hunt, with husbandry used only to administer procedures beneficial to the once-free, now captive marine mammals.

But if the deck should be stacked at all, shouldn’t it stacked in favor of freedom?  Just as with your car wreck, cetaceans no more than you should have to worry about becoming victims of a system that spoon-feeds, and then blames the one injured for it.

Shouldn't the deck be stacked in favor of release?

Shouldn’t the deck be stacked in favor of release? Image by Emmanuel Jose

What you can do:

Contact and call upon your legislators to update the regulations that implement the Marine Mammal Protection Act.  Some suggested updates:

  • Specify that if the institution who will be receiving the marine mammal is part of the display industry, it is not a member of the review and recommendation team (or a more straightforward but also more dramatic change – and one I like better – would be to remove all members of the display industry from being part of the review teams).
  • Specify the behaviors that must be taught, if practicable, including a requirement that natural feeding behaviors be taught during rehabilitation, with a directive to remove the animal if there is no effort to teach natural behaviors, like feeding and hunting.
  • Require that the two-year “rebuttable presumption” be removed in favor of a neutral evaluation of the animal at each independent time period.
  • Require that reports of the rehabilitation agencies be made publicly available on NOAA’s website (rather than enduring the – ugh – FOIA process).

Freedom from tyranny and the dolphin captivity industry

Fox New’s John Stossel will be airing a show (I’ve never used the word “mockumentary”, and I’m still safe; but gosh, was it tempting) from his Green Tyranny platform.

Whether you watch Fox News or not, but especially if you are a consistent purveyor of its broadcasts, and you watch the show, I would ask you to think from the tagline of this publication: “A Free Press For A Free People Since 1997” and realize that freedom is what is at the core of this issue.  Freedom for humans, and freedom for dolphins and whales.

Freedom for humans. Humans have been fed a line of nonsense about dolphins and whales since aquariums opened, but especially since the mid-1960s, when the aquarium boom started.

Our ability to distinguish the truth about whales and dolphins from the fiction about their captivity is minimal, since most of us are not marine biologists with a focus on studying the wild ones (instead of marine biologists who think that tanks facilitate their next research grant).  That inability to distinguish was complicated by the fact that in the 1960s, no one understood dolphins and whales very well.  Not marine biologists, not aquariums, and certainly not laypeople.

In the ensuing years, we have learned more about dolphins and whales.  We’ve learned about them by studying them in the wild.  What we’ve learned from those in captivity is that they are not suited to it.

So, freedom for a free people?  What’s the tyranny here?  Trying to spread information that corporations want hidden?  Or using a news platform as a shill for the aquarium industry to pass off more aquarium hype as fact?

Freedom for dolphins and whales.  This point is rather too obvious to make, but it would be missing to ignore.  What the “Freedom” tagline underscores is the arrogance of humans to think that we deserve it, but no other species does.  We deserve self-determination, but no other species does.  We deserve happiness (or whatever is our closest approximation), but no other species does.

The irony of that is that we don’t realize that we’ll never find ours, if we don’t encourage their finding theirs (or at least not do anything to prevent it).

Jiyu at Dolphin Base in Taiji, Japan

Jiyu, a dolphin captured for the aquarium industry in Taiji, Japan. Her emaciated appearance should be a bellweather for anyone who thinks that starvation isn’t a human value. Uncredited photo from

Dolphin and whale rights activists have been encouraged by the public’s reception of the film Blackfish, and have promoted its message it via social media.  This film opened the eyes of many, mainly via its broadcast on CNN and its availability on Netflix.  Some have taken this new awareness and have read Death at SeaWorld by David Kirby and former SeaWorld trainer John Hargrove’s personal account as a trainer, Beneath the Surface.  Others have watched the PBS Frontline special, A Whale of a Business and A Fall from Freedom.

These are all good resources to learn about the morbid existence that whales and dolphins face by being exploited inside the captivity industry.  So if you watch Stossel’s show or if you don’t, I highly suggest watching these videos and reading these and other materials, so that we can avoid tyranny and embrace freedom for all.

Are two calf deaths enough, Georgia Aquarium?

Another captive-born baby beluga has died at the Georgia Aquarium, and the Georgia Aquarium welcomes your “positive thoughts and support.”

Georgia Aquarium beluga calf died

Follow the bouncing focus: on the Georgia Aquarium.  The baby’s death is a loss “for the entire Aquarium.”

While I do not doubt that the Georgia Aquarium staff and other “experts” worked around-the-clock at trying to save this baby, pardon me if I am less than likely to send my condolences and kind words to an institution that bred two beluga whales for the sole purpose of building its stable of slaves.

But lest Maris’ loss be confused with human couples who continue to attempt to have a child, even in the face of miscarriage, let me say to you, do not go there.

I repeat, do not go there.

Maris shares nothing, as in, zippo, zilch, nada, with a human couple who chooses to attempt to bring a child into the world, and who has the full suite of choices in giving that child the best life possible.  Maris and Beethoven, who the Georgia Aquarium reports conceived naturally, had no such choices.

Maris didn’t have a choice in the 25 to 40 minutes per day that the baby nursed.  She didn’t have a choice when staff stood between her and her baby.

Georgia Aquarium Maris beluga calf dies

Unnamed baby girl at the Georgia Aquarium. Photo from AJC.

She didn’t have a choice in the formula that the Georgia Aquarium fed her baby, the one that “mimicked” beluga milk.

Maris didn’t have a choice in anything at all, and neither would the baby girl, had she survived.

Make no mistake, Georgia Aquarium.  Those who are opposed to captivity are grieving for Maris’ loss, but we do not grieve for yours.

What you can do:

Stand with us at Empty the Tanks to call for an end to the institution of marine mammal captivity.

  • When: Saturday, June 6, 2015; noon to 3pm
  • Where: Georgia Aquarium, 225 Baker St., Atlanta, GA

NOAA learns the Marine Mammal Protection Act

What some may consider a trifling matter, I find to be a “tell” of the thinking at the National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service.  One cannot say with certainty what this “tell” indicates, but since NOAA is responsible for defending its decision to deny the Georgia Aquarium a permit to import 18 wild-caught beluga whales, I can’t say whether I find the tell comforting or disturbing.

The Marine Mammal Protection Act (MMPA) states that

There shall be a moratorium on the taking and importation of marine mammals . . . during which time no permit may be issued for the taking of any marine mammal . . .. except in the following cases . . . MMPA Section 101, 16 U.S.C. §1371.

In contrast with the above text (that is, what the MMPA actually states), the MMPA does not state that there shall be a system to allow the importation of wild-caught cetaceans, which will be denied in only limited circumstances.   The gap between the actual language and this contrasting, but nonexistent, version highlights the purpose of the MMPA:  to protect marine mammals in their homes, in their habitats, with a primary objective to “maintain the health and stability of the marine ecosystem.” 16 U.S.C. §1361.

So, consider the two contrasting images of the NOAA webpage for the Georgia Aquarium’s request to import 18 wild-caught Russian beluga whales, the first taken on March 1, 2015, and the second, taken during the 2012 public comment period on the Georgia Aquarium’s import application.

NOAA website, image captured March 1, 2015, with an opening statement that is consistent with the MMPA.

NOAA website, image captured March 1, 2015, with an opening statement that is consistent with the MMPA.

Text in the above image correctly highlights the prohibitive nature of the MMPA, which provides “limited exceptions” for the taking of marine mammals.

Look, however, at the following image of NOAA’s opening statement on the same webpage, captured on September 6, 2012, during the public comment period of the Georgia Aquarium’s import request.  Perhaps you might agree that the message of the NOAA website reveals a basic misunderstanding of the MMPA, even if it correctly reflected that of, at least, the NOAA webmaster.

NOAA webpage, image captured September 6, 2012.  The opening paragraph paints a rather more permissive system of cetacean importation than the one defined by law.

NOAA webpage, image captured September 6, 2012. The opening paragraph paints a more permissive system of cetacean importation than the one defined by law.  Paints an “allowing” system, rather the existing “prohibitive with exceptions” system.

It is in these kind of details, or tells, that the mindset of government is revealed.  But lest I appear ungrateful, let me be clear that I am glad that NOAA is learning the MMPA.

I just  hope that it wasn’t too late for any one of the 18 beluga whales who were snatched from Russian waters.

We await the decision of the Federal District Court, heard in August 2014.

If marriage is about domination, then propose at the Georgia Aquarium

D. Geller & Sons has a new “marriage proposal tip” and has picked what it touts as the perfect venue for a marriage proposal.  Geller’s new ad promotes the Georgia Aquarium, where both the “ring and the proposal” will be “breathtaking”.  Interesting choice of words, since life for the beluga whales, dolphins and other captives who live their lives in a tank, is anything but.

If one considers the foundations of marriage, the Georgia Aquarium should be the last place for a proposal of a lifetime of love and respect, since the aquarium has been spearheading the effort to reverse 20 years of U.S. aquarium policy and practice by attempting to take wild beluga whales and relegate them to a lifetime of captivity.  NOAA, which is empowered to administer the Marine Mammal Protection Act, denied the Georgia Aquarium’s import application in 2013 and the Georgia Aquarium promptly filed a lawsuit to have this decision overturned.  The Court decision has not yet been announced.

If marriage is about respect and love, and I think that we all believe that to be true, the Georgia Aquarium shouldn’t even make the long list, let alone the short one, of venues to start that life-long relationship.  If, however, marriage is about domination, deprivation of one’s birthright, exploitation, and keeping your spouse locked up in one room with no key, then . . .

I recommend that D. Geller & Sons rethink this ad, and pull it.

For more information:


Taiji: An unsustainable and inhumane dolphin hunt

Between September 26 and September 28, in Taiji, Japan, an entire family of pilot whales was eradicated from the face of the planet.

Pilot whales fighting for their lives and losing, in Taiji, Japan.  Photo by Sea Shepherd Conservation Society Cove Guardians

Pilot whales fighting for their lives and losing, in Taiji, Japan. Photo by Sea Shepherd Conservation Society Cove Guardians

UnsustainableThis kind of removal of entire components of a gene pool is unsustainable, and is addressed under the laws of certain countries, if not Japan’s.  Under the Marine Mammal Protection Act, 16 U.S.C. §1361- 1421 (MMPA), the term “population stock” or “stock” means “a group of marine mammals of the same species or smaller taxa in a common spatial arrangement, that interbreed when mature.”  Under the MMPA, stocks are protected.  The term “strategic stock” means “a marine mammal stock . . . for which the level of direct human-caused mortality exceeds the potential biological removal level.”  The Taiji hunters exceed this mortality level in nearly every single encounter they have with dolphins during hunt season, because they are the proximate and direct cause of the kill and capture of significant portions of, if not entire, stocks of dolphins, even if some of the cause is less visible.

While the US law, and its notion of “strategic stock,” does not impact how the Taiji hunters conduct the drive hunt, it does impact U.S. aquariums.  The concept of “strategic stock” clearly prevents the importation into the United States of any dolphin captured in Taiji because the capture techniques there violate the concept of “stock”, and no animal so caught may be imported into the United States.  So, it is convenient for a U.S. aquarium that the public is largely unaware that such importation into the United States would never be permitted (assuming the proper decision is rendered by the permitting agency) when it “denounces” such drive hunts.  One wonders how the U.S. aquarium industry would view such hunts if it had a prayer of obtaining a dolphin from one.

Inhumane. For purposes of humaneness, the way in which this family was eradicated fails by any measure:

  • Two of the younger ones were taken for a “life” of captivity in the aquarium/marine park/swim-with industry either in Japan or internationally.  The life of a wild dolphin when it is restricted to a concrete tank or even to an “encounter cove” is so far removed from a natural life – devoid of natural family units, natural hunting behaviors, natural food and water, natural movement in straight lines over many miles and to much more varied (greater) depth – that it would be recognized in any ethics-based evaluation as “inhumane”.
  • Fifteen were killed, and their flesh sold as food. Whether food for humans or for some other, the flesh is recognized to contain toxic levels of contaminants, chiefly mercury and PCBs. The knowing and volitional spread of such contamination within Japan or to citizens of other nations is a reckless endangerment to others, and it must end.
  • Approximately 10 were driven back out, after two days of being traumatized by noise, food and water deprivation, watching family members taken from them and others killed, as the “survivors” watched.  These 10 or more pilot whales, likely the smaller whose bodies wouldn’t fetch poundage sufficient to include in the “kill/capture” quota, are believed to have become trapped in the Taiji harbor nets, having been unseen since they neared the nets. These air-breathing mammals would have then drowned. So killed they were, and should be accounted for in the “kill/capture” quota.

We can hope that the “survivors” will be spotted today, but even if they survive the immediacy of drowning in the nets, their chances for survival, without the matriarch and the other mature members of the family, are significantly diminished. The young have lost their protectors, their mentors, all the members who hold the majority of necessary survival skills. So whether they survive the nets, they have been, at least decimated in the short term, and quite likely eradicated in any meaningful, longer view.

Include all in the kill/capture quotaAn immediate call can and must be made by a decision-maker to include all the casualties, all captures, whether killed or “released” in the quota.

Caroline Kennedy got it right. The U.S. State Department backed her up.  But it's been crickets since then.

Caroline Kennedy got it right. The U.S. State Department backed her up in its January 21, 2014 briefing.  But it’s been crickets since then.

After Ambassador Kennedy made this statement, she was supported by the U.S. State Department.  But there has been no word since the eight months since.

Excerpt from U.S. State Department briefing, January 21, 2014.

Excerpt from U.S. State Department Daily Press Briefing, January 21, 2014.

What you can do to end the Taiji drive hunt:

Reach out to the U.S. State Department, requesting that it clarify what it promised on January 21, 2014: to find out at what levels the U.S. government is having discussions with the Japanese government; main phone number (202) 648-4000.

Fax the Japanese embassies and ask if the Prime Minister has been briefed on the faxes, phone calls, letters and emails that the Japanese embassies and consulates around the world are receiving.  Include what you know about the inhumaneness and unsustainability of the drive hunt.  A selection of Japanese Embassy fax numbers:

US: 202-328-2184
Canada: 613-241-4261
Australia: 2 6273 1848
Malaysia: 03-2145 0126
India: 00-91-11-2688-5587 (trouble getting through 9/27)
Philippines: 02 551-5780 (trouble getting through 9/27)
Singapore: 6733-1039 (trouble getting through 9/27)
Solomon Islands: 677 21006
Chile: 2 2232-1812 (trouble getting through 9/27)
Costa Rica: 2231-3140
Trinidad & Tobago: 622-0858
UK: 020 7491 9348
Ireland: 01 283 8726
Germany: 030/21094-222
Russia: 495 229-2555
Denmark: 33 11 33 77
Sri Lanka: 11-2698629 (trouble getting through 9/27)
Thailand: 02-207-8510
Bangladesh: 2-984-1591
Peru: 463-0302 (trouble getting through 9/27)
Venezuala: 0212 262 3484,

All other Embassy and Consular info:

Fax Service (allows two free faxes per day, with restrictions):

An excellent summary of what you can do to help end the Taiji Dolphin Drive Hunt, including other phone numbers, email addresses, in addition to other actions that you can take:

Follow the Sea Shepherd Conservation Society Cove Guardians on Facebook, Twitter and on their livestream for current and accurate information every day of the six-month Drive Hunt, scheduled to end on February 28.

A cultural monstrosity

A blogger has written an Op Ed that attempts to support the notion that those who kill animals or benefit from the killing by partaking in its repast – whether by eating animals or, I presume, by going to dolphin shows or “swim-withs” where one leaves with a selfie as she kisses or hugs a dolphin – are not “monsters”.

In the first instance, any pretense of discussion of name-calling can be answered quite readily without pretending to have a rational discussion of psychological pathologies.  The ready answer is, be polite.  Most humans were taught at a very early age, sometimes with the aid of soap-in-the-mouth, that name-calling is not polite.

So we’ve settled that bit.

 Thinking people will recognize that his argument is based in a “because lots of people do it, it cannot be monstrous” position.  But let’s be clear:  that a monstrosity is cultural makes it no less monstrous.

There are obvious and numerous examples of acts that are no more acceptable just because many can do it in their sleep while chewing gum.  Most of us living in 2014 would need but a second or two to recognize and list examples of past and culturally-accepted behavior that violate our current sense of ethics:

  • Slavery/human trafficking
  • Genital mutilation
  • Stoning of women
  • Hysterectomies to address, you guessed it, hysteria
  • Rape
  • Foot-binding

to name just a few.  These all have in common that each had a time when it was accepted as a social norm.  Some cultures have modified the practices to be more palatable in a “rational” and “ethical” world.  All of these remain acceptable practices in some cultures.  All of them share something else: the need to be considered and eradicated without attempting to assuage the consciences of those who either cling to them or took part in them in the past.

Objectification of animals shares something with human slavery: they were both once accepted as ethical. Photo by Murky1

Objectification of animals shares something with human slavery: they were both once accepted as ethical. Photo by Murky1

Any attempts to assuage those consciences should be outed as nothing more than a red-herring.  None who genuinely work for a more ethical, sustainable world are motivated by or interested in making someone feel bad for something they did in a state of ignorance.  And it is undeniable that, nearly without exception, all who considered these practices acceptable were ignorant to the reality that the practices were never ethical, in the sense of ultimate ethics.  The best that one can do to justify any of these activities is found using some amalgam of relative and cultural ethics, where ethics are justified or even created by the circumstances.

But I invite you not to go down the rabbit hole of some red-herring debate of whether someone is a monster by virtue of his killing or exploiting an animal, or is, rather, merely “punching a clock” like any Average Joe.

If one avoids joining a discussion on whether or not someone is a monster for his acts, he can spend more time doing the good work of examining his ethics in the light of day instead of in the dark tunnel of justification.  He can, then, make informed choices.  Rather than justify behaviors while taking a heavy dose of cognitive dissonance kool-aid sweetened by speciesism with more than a dash of relative ethics, examine.  Read about speciesism.  And examine again.  Don’t waste time feeling bad in the “blame game.”  Make choices and move on, as many of us consistently invite the Taiji or Faroese dolphins hunters to do.

Monsters?  I don’t know and don’t care.  Some of them may be.  Some may actually revel in the taking of a life.  But monstrous, Mr. Smith?  Yes, indeed, the acts that you describe are monstrous.  Without exception.

It is . . . our collective culture of objectification, not some subculture of food on one island or in one theme-park-based city, that is responsible for this act.  This culture is the vestige, however powerful in forming our opinions, of ancient misunderstanding that all of us must throw off.  We must throw it off because it was never true in the first place, and it will kill the planet and most of the creatures that found their lives formed here.  – A reconsideration of the human entitlement to gawk