Will The Present Administration Act In Behalf Of Orcas And Salmon?

Read Howard Garrett's series on how dams on the Snake/Columbia Rivers impact southern resident orcas.

Part one:  We Can Replace 1000 Megawatts. We Can't Replace Salmon And Orcas.

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?

When Lolita Comes Swimming Home Again

Orca Network's Howard Garrett has dedicated his time and effort into the "Free Lolita" campaign, and shares his views here with us.

Written by Howard Garrett

Recent photo of L-pod member "Lolita", taken by Shelby Proie on April 2, 2009

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, and $1-2 million can be found to examine her, transport her to a bay pen along the west side of San Juan Island, and set up a care station with a freezer full of fish and professional care staff. It's all been done before and poses no real risk to her or to her family, but many may wonder what will happen then for Lolita.

After her return to her home waters, as she regains her strength and is led out on swims to experience her waters again, Lolita will be the focus of tremendous attention in the Pacific Northwest and far beyond. Of course security at the bay pen will prevent direct observations except by authorized personnel and media, but live webcam coverage and stories about her can be expected to abound locally, nationally and internationally.

Recent photo of some of "Lolita's" pod members, taken by Howard Garrett on June 21, 2009

When someone reads or sees a story about Lolita they will usually tend to care a little more about how she's doing. The reports will also tell about her family, L-25 and the L-12 subpod as well as all the Southern Resident orcas. People will learn about the orcas' long lifespans, lifetime bonding and no dispersal traditions. They'll hear about these orcas' selective diet - about 80% Chinook salmon and 15% chum - and the need to restore salmon habitat and reduce Chinook catches all along the Pacific coast to keep the orcas around. This alone justifies her return home.

Scientifically, we'll learn if Lolita's family bonds and memories are so strong that she will be able to travel, catch fish and socialize with her family, and we'll see the process of rebuilding the trust needed to do so. If she's not able to rejoin her family, the care station will always be there for her with food and companionship if needed.

Humans live according to their stories, and whales provide great inspiration for all ages to learn more and then act to protect and restore the natural world. When kids hear about Lolita and her retirement where she was raised decades ago, many will want to know more, and will do research and feel moved to write their views about orcas and create artwork about them, developing important language skills and learning how to do good science.

Where Orcas Swim Free (Photo by Katie Jones)

The benefits of retiring Lolita in the Salish Sea won't be easy to measure in dollars, but as a learning and sharing experience among the human community, and as a motivator toward better stewardship and protection of our precious marine environment, Lolita would be a priceless teacher for us all.

By Howard Garrett

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...