It May Take An Act Of Congress To Help Lolita

Please read more about the orca "Lolita" here.

Five Resolutions You Can Make To Help The Orcas.

Please visit our Seattle Post Intelligencer blog to see ways that you can make a difference for the Southern Resident orcas in the next decade:

Five Resolutions You Can Make To Help The Orcas

Have A Heart SeaWorld, And Let Corky Go Home

 It is time to bring the captives home, read more on our Seattle P.I. blogsite!

 

 

 

 

 

Corky (Courtesy OrcaNetwork and OrcaLab)

Farmed Salmon Are Really Bad News - For Us, for Wild or Captive Orcas, and for the Environment

Included in a serving of farmed salmon are 14 known toxins in much greater concentrations than wild caught salmon.

Click on over to our blog at the Seattle Post-Intelligencer to learn why you should avoid eating this product, and why fish farming is harmful to the orcas (including the captive orca "Lolita"):

http://blog.seattlepi.com/candacewhiting/

Standards of Care for Endangered Whales

Most of our readers here know that L-pod member "Lolita" is from a locally endangered population of orcas, one of only 86 of those whales left. Her life is far from ideal, and she is not being kept in a pool that is legal, even by the low standards set by the theme parks. And what we want to know is how this can be rectified.

In the wild, orcas rarely stop moving. (Photo courtesy OrcaNetwork, taken by Peter Pijpelink)

Marine mammals are protected everywhere in the wild, but when "Lolita's" pod, along with the other pods that comprise the Southern Resident Killer Whales received the status of Endangered in 2007, an exception was written into the documents excluding all members of J, K, and L pods living in captivity at the time. "Lolita" was, and remains, the only living member taken from the wild…so the exception must have been written in to exclude one lonely isolated orca.

Now how did that come to pass? Would it not have made more sense to offer her protection and then let the theme park petition to keep her? Would they then not have had to provide a legal pool for her?

And shouldn't biologists decide what are adequate facilities for marine mammals, not the theme parks themselves?

We are curious about the lives of dolphins and whales (Creative Commons photo)

As a society our values seem to have taken a shift since the early days of zoos, circuses, and theme parks - we really don't enjoy tired acts and worn out displays, and it is painful to think about intelligent, harmless and gentle beings confined in miserable looking situations away from others of their own species.

Yet we are conflicted…we have learned a great deal about orcas and other dolphins by studying captives, and we want to increase our knowledge. Reasonably enough, both polls (here and Facebook) show that if dolphins and whales are in captivity, most poll takers expressed that it should be for research purposes – although I think that there is far more to be gained by researching them in the wild at this point.

In the meantime, a member of a locally endangered species languishes in a sad theme park without the company of her own species, in a substandard pool.

I have written to both Senator Patty Murray and Senator Maria Cantwell and requested that they share with us explanations as to the government's lack of action, and will post their replies when I receive them.

Is The Government Doing Its Job To Protect Captive Whales And Dolphins?

Hopefully the USDA will inspect and measure the concrete bowl where Lolita has lived the past 39 years and will find it unlawful under the Animal Welfare Act...

Those words from Howard Garrett's post really got me wondering about how it is possible that the governmental agencies responsible for animal welfare are able to turn their backs when it comes to the Miami Seaquarium and the substandard tank where "Lolita" (the orca taken from L-pod) is forced to live.

The USDA arm of the government that is responsible is the Animal Plant and Health Service (APHIS). The Regulations read: 9 C.F.R. Sec. 3.104 - Space Requirements -
The primary enclosure for a Killer whale (Orcinus orca) must have a minimum horizontal dimension of no less than 48 ft. in either direction with a straight line of travel across the center.

Dimensions of "Lolita's" tank. Photo courtesy Orca Network.

Lolita's tank is a mere 35 feet from the front wall to the slide out barrier. At its deepest point in the center the tank is only 20 feet deep. She is about 22 feet long.

In 1995 the Humane Society of the United States filed a formal complaint against the Seaquarium regarding the substandard size of Lolita's tank. The Animal Plant and Health Service (APHIS) has yet to act. Fourteen years later, she is still in the substandard tank.

Who is the Animal Plant and Health Service? Their mission statement says: "Protecting American agriculture" is the basic charge of the U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS). APHIS provides leadership in ensuring the health and care of animals and plants. The agency improves agricultural productivity and competitiveness and contributes to the national economy and the public health.

The 1994 Marine Mammal Protection Act amendments eliminated NOAA Fisheries jurisdiction over captive care and maintenance of marine mammals held for public display, placing it under the exclusive jurisdiction of the Animal Welfare Act administered by the Department of Agriculture, Animal and Plant Health Inspection Service (APHIS). However, the MMPA requires that NOAA Fisheries maintain the captive Marine Mammal Inventory Database.

The 1994 Marine Mammal Protection Act amendment concerning captive marine mammals:

NMFS and FWS will regulate the taking of marine mammals from the wild under the MMPA, while subsequent care and maintenance of captive marine mammals held for purposes of public display at registered or licensed facilities will be regulated by the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture under the Animal Welfare Act (Pub.L. 89-544, as amended). For the taking and importing of marine mammals for public display, permits will be issued only when [1] the effect of the take or importation on wild populations is considered, [2] the method of the taking is humane, [3] an institution is registered or licensed under the Animal Welfare Act (AWA), [4] the institution offers an education or conservation program based upon professionally recognized standards of the public display community, and [5] the institution maintains facilities that are open to the public on a regularly scheduled basis. Although NMFS or FWS must be notified at least 15 days prior to the sale, export, or transport of a captive marine mammal, and NMFS and FWS must maintain an inventory of captive individuals, a permit or other authorization is no longer required to obtain, hold captive, transport, transfer, purchase, sell, or export marine mammals that are being held captive for public display purposes when animals move between facilities that meet the permit criteria. In addition, export of marine mammals is prohibited except as explicitly provided for in the Act.

So why doesn't the USDA do anything to enforce the law with respect to "Lolita's" living conditions?

Annual Commemoration of the Penn Cove Orca Captures

L-pc25 ("Lolita") photo by Peter Pijpelink - October 30, 2007

The whale they call "Lolita" is a member of L-pod. Her number is L-pc25, which denotes where she was captured (Penn Cove) and the whale she was associated with at that time (L-25, most likely her mother). "Lolita" has a local name too - Tokitae, and this is the family she would most be a member of:

L-pc25's ("Lolita's") presumed family: members of the L-12 subpod and L-25 who is believed to be her mother. Photo by Dave Ellifrit

Working diligently towards the day that "Lolita" is returned to her pod is Orca Network's Howard Garrett. I contacted him about the upcoming Annual Orca Capture Commemoration Gathering event, and he has graciously agreed to contribute his thoughts to this blog and will post here soon. In the mean time, he asked me to consider an interesting question, which I will share:

Putting aside the reasons of compassion,what are the really good things that would come out of bringing her home, how would that benefit us as a community?

What I came up with is that there are profound opportunities for research and education in this, as well as a deep sense of gratification to be gained, but I am sure that there are other things as well...