Subject: Laws - Activists Charged in Sugarloaf Dolphin Release (fwd)
Mike Williamson (pita@www1.wheelock.edu)
Fri, 16 Jan 1998 10:47:35 -0500 (EST)
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J. Michael Williamson
Principal Investigator-WhaleNet <http://whale.wheelock.edu>
Associate Professor-Science
Wheelock College, 200 The Riverway, Boston, MA 02215
voice: 617.734.5200, ext. 256
fax: 617.734.8666, or 978.468.0073
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Jimmy Buffett
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---------- Forwarded message ----------
Date: Thu, 15 Jan 1998 08:24:16 -0500
From: Dagmar Fertl <Dagmar_Fertl@mms.gov>
Reply-To: Marine Mammals Research and Conservation Discussion
<MARMAM@UVVM.UVIC.CA>
To: MARMAM@UVVM.UVIC.CA
Subject: news - Activists Charged in Sugarloaf Dolphin Release
Information released by NOAA this morning. Contact person is Scott
Smullen (Scott.Smullen@noaa.gov)
Activists Charged in Sugarloaf Dolphin Release
The Commerce Department's National Oceanic and Atmospheric
Administration has filed charges against several dolphin freedom
activists for harassing and illegally transporting two captive
dolphins in connection with their deliberate release six miles off the
coast of Key West, Florida, on May 23, 1996. Alleging multiple
violations of the Marine Mammal Protection Act, NOAA assessed a
maximum allowable $10,000 for each of the six counts charged,
resulting in a total of $60,000 in penalties against those involved.
After the dolphins were dumped off the side of the boat, they were
found injured, emaciated, and begging for food from boaters in local
marinas, and were rescued by federal biologists with the help of
several government agencies and private groups.
Charges have been filed against Richard O'Barry of Coconut Grove,
Fla., Lloyd Good, III, of Sugarloaf Key, Fla., Sugarloaf Dolphin
Sanctuary, Inc., of Sugarloaf Key, Fla., and the Dolphin Project,
Inc., of South Miami, Fla. All four have been charged with failing to
notify NOAA prior to the transport of the dolphins.
According to NOAA, the dolphins were transported without prior
notification and not for purposes of public display, scientific
research, or enhancement or survival of the species or stock. The day
after they were dumped overboard and released, one of the dolphins
appeared in a congested Key West marina with lacerations and begging
for food. The second dolphin, found over 40 miles away almost two
weeks after the release, also sustained deep lacerations and was
emaciated. After determining that the dolphins were injured and in
need of treatment, the agency, with the help of others, rescued and
provided veterinary care to the dolphins. Following initial
treatment, one dolphin was transported to the U.S. Navy facility in
San Diego for rehabilitation. The other dolphin was found to be in
considerably worse condition requiring extended rehabilitation, and
remains at a Department of Agriculture licensed marine mammal public
display facility in the Florida Keys.
Federal officials later seized a third dolphin from the Sugarloaf
Dolphin Sanctuary, after officials with the Department of Agriculture
suspended the facility's license for multiple violations of the Animal
Welfare Act. The dolphins had been on public display at the Sugarloaf
Lodge motel in Sugarloaf Key since 1994. Prior to that, these
dolphins were part of the U.S. Navy's marine mammal research program,
and had been in captivity since the late 1980's.
Acoording to the agency, in order to protect the health and welfare of
marine mammals, any release should be conducted only under a Marine
Mammal Protection Act scientific research permit. Applications for
such permits are subject to scientific and public review, and would
involve the development of a release protocol that addresses important
concerns such as whether: (1) a released animal is properly and
humanely prepared to live in the wild; (2) long-term follow up
monitoring of the animal is conducted; (3) wild marine mammals are
affected; and (4) contingency plans are in place if it necessary to
rescue a released animal.
"These dolphins were injured, needed medical attention, and could have
died. This incident underscores the need to conduct any dolphin
release scientifically and with follow-up to ensure the health and
welfare of the animals," said Terry Garcia, assistant secretary of
commerce for oceans and atmosphere and NOAA deputy adminstrator.
"Prior to the release, we repeatedly warned these individuals of the
risks inherent in releasing dolphins without a scientific research
permit. They agreed to apply for a permit but didn't, and released
the dolphins without one. A scientific research permit, if issued,
would have facilitated the development of a responsible release
protocol and authorizeed any 'take' that could have occurred
incidental to a release."
Agency officials said, wildlife experts agree that releasing captive
marine mammals has the potential to hurt both the released animals and
the wild marine mammals that they encounter. Experts are concerned
about the ability of a released animal to hunt for food, defend itself
against predators, and avoid interactions with people and boasts.
Other concerns include disease transmission and unwanted genetic
exchange between a released animal and wild marine mammal stocks, and
any behavioral patterns developed in captivity that could affect the
social behavior of wild animals as well as the social integration of
the released animal.
The parties charged in this case have 30 days in which to respond. If
desired, they may request an administrative hearing in which to
contest the charges.