Are Seaquarium Animals Harmed by Excessive Partying?

Federal Government Sued Over Orca Lolita’s Illegal Exemption From Endangered Species Act

November 17th, 2011

Animal Legal Defense Fund, PETA Cite Government’s Improper Conduct in Allowing Seaquarium to “Harm and Harass” Lone Orca for Profit

For Immediate Release

Contact:
Lisa Franzetta, Animal Legal Defense Fund
Delcianna Winders, PETA

Miami — The Animal Legal Defense Fund (ALDF), PETA, and three individuals filed a lawsuit this morning against the National Marine Fisheries Service (NMFS) for violating the Administrative Procedure Act by excluding Lolita, a solitary orca who has been confined to a tiny concrete tank at the Miami Seaquarium for more than 40 years, from the Endangered Species Act (ESA). The ESA provides members of the wild Southern Resident orca population and other endangered animals with a host of protections, including protection against being harmed or harassed. Yet, despite being a member of the Southern Residents, Lolita has been denied all of these protections without any explanation by NMFS. The plaintiffs argue that NMFS’ regulatory exclusion from ESA listing of captive Southern Resident orcas is illegal. In the filing, the plaintiffs set out specific provisions of the ESA that expressly forbid such an exclusion.

“Lolita was torn from her family, has been exploited for every dollar Seaquarium can squeeze out of her, and finally betrayed by the government agency charged with protecting her, which simply ignored the law,” says PETA’s general counsel Jeffrey S. Kerr. “This regulatory ‘gift’ to an industry notorious for making orcas’ lives miserable is not only incredibly cruel but blatantly illegal.”

“The government’s failure to provide Lolita with the protections enjoyed by the wild members of her pod has enabled the Miami Seaquarium to keep her in conditions that violate the Endangered Species Act,” explains ALDF’s director of litigation Carter Dillard. “Lolita must be granted the protections under federal law which she is rightfully due and which best ensure her survival and well-being, which—depending on her condition–could include transferring her to a sea pen in her home waters and releasing her back to her family pod.”

PETA and ALDF explain that NMFS listed Southern Resident orcas, who range off the coast of Washington State, as endangered in part because their capture for public display had depressed their numbers to dangerous levels. The ESA clearly prohibits the wholesale exemption of all captive members of a listed species.  And even where valid exemptions exist, they apply only where the holding of such animals “was not in the course of a commercial activity.” The plaintiffs estimate that Seaquarium has made tens of millions of dollars by forcing Lolita to perform tricks over the past four decades.

In the wild, orcas live in tight family units with bonds that may last a lifetime. At Seaquarium, Lolita swims endless circles in a small, barren tank that does not comply with USDA regulations. This highly intelligent and social animal has been without an orca companion since 1980.

http://www.thelocal.ch/national/20111110_1730.html

The Local – Dolphin dies after Swiss techno party

www.thelocal.ch

A dolphin has died at a Swiss amusement park just weeks after conservationists warned that loud noises could cause extreme distress to the cetaceans at a dolphinarium in the eastern town of Lipperswil.

http://worldradio.ch/wrs/news/wrsnews/second-dolphin-dies-at-conny-land.shtml?27545

WRS | Second dolphin dies at Conny-Land (after techno party)

www.worldradio.ch

Animal rights groups have called for three remaining dolphins to be seized from the Conny-Land amusement park in canton Thurgau following the death of the second dolphin there in under a week.

loud noises for prolonged periods of time can cause elevated levels of stress which can lower cetaceans immune system response and essentially lead to sickness and/or death.

Who to contact:

The White Party: http://whiteparty.org/contact

MIAMI-DADE OFFICE:
3510 Biscayne Boulevard
Miami, Florida 33137
Tel: 305-576-1234
Fax: 305-571-2020

BROWARD OFFICE:
871 West Oakland Park Boulevard
Ft. Lauderdale, FL 33311
Tel: 954-567-7141
Fax: 954-565-5624

Politely tell the entertainment that playing this show may harm animals:

DJ Joe Gauthreaux: http://www.facebook.com/DJJoeG

DJ Pagano: http://www.facebook.com/pages/Dj-Pagano/104939349545326

JES: http://www.myspace.com/planetjes

Key Biscayne Chamber of Commerce

88 West McIntyre Street, Suite 100

Key Biscayne, FL 33149

Phone. 305.361.5207

Fax. 305.361.9411

info@keybiscaynechamber.org

USDA APHIS Animal Care: ace@aphis.usda.gov
USDA/APHIS/AC
4700 River Road, Unit 84
Riverdale, MD 20737-1234
Ph: 301-734-7833 Fax: 301-734-4978

Animal Welfare Information Center: awic@nal.usda.gov
10301 Baltimore Ave.
Beltsville, MD 20705-2351
Ph: 301-504-6212
Fax: 301-504-7125

Key Biscayne Police/Public Safety Direct Non-Emergency Line: (305) 365-5555

I would like to remind you we cannot “attack” this White Party, just nicely try our best to inform them on the perils that can arise from throwing this party at the SQ. What they do for HIV/Aids awareness is great, but they don’t need to harm the SQ animals in the process.  Kindly urge people who would like to support the cause to send in donations, but don’t attend the party.

Mark Baker Events:

wonderworld@markbakerevents.com

Care Resources:

Administrative Office
3510 Biscayne Boulevard
Miami, Florida 33137
TEL: 305-576-1234 – FAX: 305-571-2020

A informative demonstation will be held all night during the event, you can get more info and sign up to attend here:

http://www.facebook.com/events/175908975836793/?notif_t=event_invite

Minimum and maximum distances of White Party stage to animal enclosures, according to Google Earth: Lolita’s Tank-min 683ft max 894ft, Top Deck Dolphin Tank-min 484ft max 638ft, Sealion/Seal Dome- min 250ft max 478ft, Manatee Pool-min 611ft max 852ft, Rear Medical Pools-min 116ft max 380ft. All enclosures listed are within a distance of disturbance which COULD lead to elevated stress levels and immune system suppression of animals.

On top of that, Humane Society of the United States just released a paper, Killer Controversy, about the cruelties of keeping orcas in captivity: http://www.hsi.org/assets/pdfs/orca_white_paper.pdf

Just today, November 2, 2011, a historic bill to end cruelty to wild animals in traveling circuses was launched on Capitol Hill, with help from Bob Barker and Jorja Fox. The bill, introduced by Animal Defenders International and Performing Animal Welfare Society (PAWS) would end the exploitation of wildlife, like elephants and tigers, in US circuses. While this does not concern whales and dolphins, it would vastly benefit hundreds of animals in similar situations, stuck performing in shows – and perhaps spark a flame that would lead to cetacean freedom, as well.
Read more here:
http://breakthechainus.com/2011/11/02/historic-bill-to-end-cruelty-to-wild-animals-in-circuses/

Sea World remains in a legal battle, as of November, with OSHA over trainer safety when working with captive orcas. Despite having a new show, OSHA still holds that trainers shouldn’t be allowed in the water with these apex predators. They are also in legal battle over the custody of 8-year-old Ikaika the orca, currently being loaned to Marineland Canada. MLC wants to keep “Ike” for their contracted loan period, believing Sea World only wants him back to use for breeding.

This week, we mourn the death of Puiji, a wild caught beluga who died at Chicago’s Shedd Aquarium, after more than two decades of performing in a small tank. Chicago’s Brookfield Zoo also experienced a death this week when bottlenose dolphin Tapeko’s unnamed calf died on Sunday, October 30th. On September 5, 4-year-old Nea the dolphin died at Brookfield Zoo. We also remember the 30+ Risso’s dolphins slaughtered in the Taiji drive fisheries October 23-27th.

http://www.facebook.com/event.php?eid=242067539175420

Always remember to NOT pay to park in the Miami Seaquarium lot and to spread the word to those who may be interested!

for tickets: http://www.nwfilm.org/screenings/36/355/#2162

From Keiko The Untold Story.com-

Torn from his family at the tender age of two, Keiko spent 14 years in captivity as a performing tourist attraction before Hollywood discovered him for the title role in the 1993 blockbuster movie, “Free Willy.” When his millions of new fans around the globe, most of them children, realized that Keiko was not free like his on screen character, a crusade was launched to save him. The decision was ultimately made to return Keiko to his native waters off Iceland. He first spent two years in Oregon regaining his health. Keiko was finally airlifted to Iceland in fall 1998, becoming the first and only orca in captivity to make it back to the wild.

Yet over a decade later, the question of whether or not the mission succeeded continues to frame the debate regarding the fate of the other 42 orcas still held in captivity around the world. “Keiko The Untold Story” solves the mystery of what really happened during the last five years in the life of this international icon.

Four years in the making, this compelling documentary by filmmaker Theresa Demarest presents never before seen footage of Keiko in the wild, along with exclusive accounts of his day-to-day existence by Keiko’s last two caretakers, Colin Baird and Thorbjorg (Tobba) Valdis Kristjansdottir. The film provides insight into the unique culture of orcas, and what the impact of being taken from his pod had on Keiko’s survival instincts.

Join us for the THIRD Annual Walk for Lolita which will take place on the day of her capture back in 1970, since then she has spent her life living in the United States’ oldest and smallest orca tank, which is illegal by USDA/APHIS minimum standards. As an added twist this year the walk will last longer than normal with a start at 12PM meeting at the first parking lot after the bride on Rickenbacker Causeway, and then embark on a walk for about a mile to the entrance to the Miami Seaquarium where a protest will be held. If you don’t want to or can’t do the actual walk feel free to park at the lot next to the Seaquarium and meet the others for the protest. The protest will then last until Lolita’s last “show” is preformed that day, so feel free to join in when you have time.

Sign up to attend on our facebook event page:

http://www.facebook.com/event.php?eid=169223919816132

WHY:

September 23rd is the day Lolita, the lonely orca, was ripped away fromher family, sold into captivity, and shipped from her home in the wild to arrive at the Miami Seaquarium on Sept 24th. It is also the last day of the International Animal Trainers’ Association (IMATA) Conference in Miami, hosted by the Miami Seaquarium.

Lolita has been living in an illegal-sized tank at the Miami Seaquarium for the last 40 years at a facility that is widely considered one of the most dilapidated in the U.S. and has no AAZA Accreditation, the minimum industry standard. And yet, the Miami Seaquarium now also houses a ‘Swim-with-Dolphins’ program.

We support the 3 R’s of Responsible Captivity: Rescue, Rehab, and Release only!

We invite Miami residents, activists from everywhere, and the media to come out and support this cause.

And we are, once again, seeking CITY CAPTAINS around the world to host simultaneous events. All events will be listed at www.SaveLolita.com and fliers/posters will be provided electronically. JOIN US!

Portland, OR:
Sat, Sept. 24 noon-2 pm
Waterfront Park/Market Entrance
City Captain, Rae Benson
[https://www.facebook.com/raemarie.wilson]

San Francisco, CA:
Sun, Sept. 18 noon- 3 pm
Union Square
City Captain, Wendy Brunot
[https://www.facebook.com/Withoutmethereisnoyou]
Event page: https://www.facebook.com/event.php?eid=1669246833665?07

San Diego, CA:
Sat, Sept. 24 10 am – 2 pm
Sea World
City Captain, James Madison
Event page: https://www.facebook.com/event.php?eid=2136752019950?34

ECOTERRA Intl. and ECOP-marine
Maria Delgado
September 23rd
South Africa
africanode@ecoterra.net (for details)

Pat Rasmussen
Olympia, WA USA
Park on Water Street, across the street from Traditions Café
10 AM to 2 PM
Contact: patr@crcwnet.com
Cell phone: 509-669-1549

Diane McNally
Victoria, BC, Canada
Intersection of Government and View Street (by Irish Times)
http://maps.google.ca/maps?q=victoria%2Bbc&spn=.563567,1.292885&hl=en
September 24th, 12 – 2pm
Will provide flyers to hand out
freecaptiveorcas@gmail.com

Andrea Gauzza-Langlie
Baltimore, Maryland
Saturday, September 24th from 11AM-1PM
On the plaza in front of the Baltimore (National) Aquarium. Make and bring a poster if you like. Fliers are not allowed to be handed out. I will be painting a picture of Orcas.
(cancelled in the event of rain)
andrea@langlie.com
Cell number# 301-641-4606

Kyrstyn Proie (my little sister)
Pittsburgh, Pennsylvania
Saturday September 24th 12-2PM
Point State Park, meet at the fountain
saveouroceansnow@gmail.com

Shelby Proie
Seattle, Washington
September 24th 12-2PM

Victor Steinbrueck Park (next to Pike Place Market)

Shelby@savelolita.com

Gina Gaft
Key West, Florida
Saturday September 24th 6-8pm
Mallory Square for sunset
ginagaft@gmail.com
Contact Krystin@earthrace.net to become a City Captain in your area!

Gina Gaft
Key West, Florida
Saturday September 24th 6-8pm
Mallory Square for sunset
(Gina Gaft on Facebook for more info)

GOALS:
END ENTERTAINMENT CAPTIVITY EVERYWHERE -
We support the 3R’s of Responsible Marine Mammal Captivity: Rescue, Rehab, and Release only!

LOLITA’S RETIREMENT -
In collaboration with Orca Network (www.orcanetwork.org), We strive to see Lolita retired to a sea pen in her native Pacific North West waters where she will be taken care of for the rest of her life unless she chooses to rejoin her pod still residing in her natal waters.

AMEND IMATA ‘CODE OF ETHICS’ FOR TRANSPARENCY
In collaboration with Earthrace Conservation and The Selkie Society, we also seek to have IMATA amend their own ‘Code of Ethics’ to include transparency as to the source of the animals their members work with. Please sign the petition to be delivered to IMATA’s President: http://www.thepetitionsite.com/1/IMATA-Improve-Your-Code-of-Ethics-to-Protect-Dolphins/

WHAT TO BRING:
Printed fliers, banners, T-shirts, costumes, musical instruments, friends, family and a positive attitude.

PARKING:
Please do not park in the Miami Seaquarium parking lot (or the parking lot of any facility that holds marine mammals captive for entertainment); there is usually parking within walking distance of the protest.