Tommy The Chimp Still Not A Person

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Yesterday, a New York State Appellate Division issued its ruling on the Nonhuman Rights Project’s petition to grant Tommy the chimpanzee personhood rights:

Noting that the Nonhuman Rights Project ”requests that this Court enlarge the common-law definition of ‘person’ in order to afford legal rights to an animal,” the Court’s decision was that “We decline to do so, and conclude that a chimpanzee is not a “person” entitled to the rights and protections afforded by the writ of habeas corpus.

NHRP goes on to explain in detail why it disagrees with the decision, and says it will appeal the decision to the New York Court of Appeals.

While it would have been great if the Appellate Court had granted Tommy a writ of habeus corpus, establishing basic personhood rights to an animal for the first time (and, importantly, opening the door to his tiny cage in a trailer park so he could be moved to a sanctuary), the refusal to grant Tommy basic rights was not necessarily a surprise. This has probably always been a question that will be decided at the highest appeals court level (though it would have been nice to go to that level with a positive ruling to defend), and now the argument has just moved one level up the chain.

But the next level, the New York Court of Appeals, is the final level. If NHRP does not win the argument before that court, then that will put an end to its efforts to win personhood rights for a chimp via Tommy. The chance that its arguments for any single animal might fail is the reason NHRP originally launched legal bids on behalf of four chimps, to try to improve the odds of a successful outcome.

So if Tommy’s case doesn’t come to a successful conclusion, the hope is that Kiko, Hercules or Leo will deliver. Stay tuned. This is the long game.

“Kiko, Hercules, Leo, I may need your help.” Photo: Pennebaker Hegedus Films

 

Is Tommy The Chimp About To Be Ruled A “Person”?

“I may not be human, but I’m still a person, dammit!”

Steve Wise and the NonHuman Rights Project have argued before a New York State Appeals Court that Tommy, a chimpanzee who lives alone in a tiny cage, is not a “thing” and deserves some legal rights. With the appeals court ruling pending, Wise runs through what may happen:

Now is a good time to explain what the decision of the Appellate Department Court will mean for Tommy and for the NhRP’s long-term strategic litigation campaign to break through the legal wall that divides human “persons”, who have the capacity for legal rights, from nonhuman animal “things”, who don’t.

The decision will mean everything for Tommy. Will he be transferred to Save the Chimps in South Florida, there to end his days in the company of a two dozen other chimpanzees, all living on an a semi-tropical island? Or must he live out a nasty, short, and brutish life in solitary confinement?

The appellate decision will be not be a simple matter of “We won” or “We lost.” The court could order any number of things. And whatever it orders may be subject to review by New York State’s highest court, the Court of Appeals.

It might declare that Tommy is a “person” within the meaning of New York’s habeas corpus law, issue the writ of habeas corpus, and return the case to the trial court.

It might assume, without deciding, that Tommy could be a “person,” and return the case to the trial court to rule on whether Tommy actually is a “person.”

It might affirm the trial court’s ruling that Tommy is not a “person” and never could be, not even if he argued the appeals himself. Then we will have several routes to the Court of Appeals. We have the right of further review by the Court of Appeals if two Appellate Department judges dissented or if the New York Constitution was invoked. We can ask the Appellate Department for permission to apply to the Court of Appeals for further review. And we can petition the Court of Appeals directly for permission to appeal. I have nowhere exhausted the possibilities.

This is a big deal. If Wise can somehow get this court or another appeals court to agree that Tommy deserves certain basic legal rights, he will have cracked through centuries of legal tradition that has treated animals as things, not sentient beings. And that tradition has resulted in untold animal suffering.

So stay tuned. If Wise loses this round, he is ready to appeal some more. But if he wins animal rights will take a giant leap forward. It is a fascinating legal and human, I mean non-human person, drama.

Animal Care Angst

AC HortonNursing

Over the past month I’ve been digging into the lives of former SeaWorld Animal Care workers, and publishing their stories (here, here, and here). Many of their experiences seem shocking to people unfamiliar with animal care work, and how difficult it can be. And it is easy to see how the stories can fuel an anti-SeaWorld sentiment.

Jim Horton, one of the three former Animal Care workers I interviewed, was troubled by the vehemence and hardcore anti-SeaWorld nature of some of the comments he saw posted to social media in the aftermath of the stories (big mistake, to read comments, I explained). And also by the fact that many of the stories published in the Animal Care series focus on the negative aspects of the lives of the workers and the nature of managing animals in captivity.

Animal Care obviously includes a lot of positive experiences, where animals are nurtured, rescued, or saved. And the thing I admire most about the Animal Care workers I spoke with and wrote about is that they did the work–with all the good, the bad and the ugly–because they cared first and foremost about the animals. They weren’t there to become Shamu Stadium stars. They were there because they loved animals and wanted to care for them. Eventually, especially for Krissy Dodge and Cynthia Payne, the nature of the work, and the way in which captivity compromised the lives of the animals, forced them to step away and pursue other careers. But the point is that Animal Care work, and the emotions and realities involved, is not at all simple. How Animal Care workers feel about the work they do, especially post-Blackfish, is an intensely complex subject, and that didn’t always come across in the articles I published.

So in order to dig deeper into what Jim Horton felt and feels about the work he did, and how Blackfish opened up many difficult questions, I am posting (with Jim’s permission) a letter that he wrote to a friend. In it, Jim explores and articulates the powerful and conflicting emotions he feels about the work. And if you want to judge him or Animal Care workers harshly, as so many were quick to do, I only ask that you make sure you read this letter first:

Dear ……,

I feel your pain. I think the movie Blackfish and it’s flock of anti captivity followers has made us all take a deep look inside at what we have done over the years and where we are now emotionally in our careers as animal care takers. Torn between our love of the animals we have come to know and the public outcry from those that have never experienced what we have, with the exception of a few. I find it very ironic that the world of those we entertained and taught priceless educational values to are now claiming injustices and untruths that rock the very core of our souls, creating gaps and even bitterness between our friends, co workers and family.

I’m sure you can recall as I can the hundreds of times we were told by the public, family and friends that we must have the greatest job in the world. I recall, later on in my career, often scoffing at that comment and explaining to those that would listen, that this career is a labor of love and full of extreme highs and extreme lows and at times can very well be the worst job in the world. Those people, the ones looking from the outside in, so-called experts by the very knowledge that we as teachers have taught them, through the media and personal interactions, have no idea what it was like and also what it is like now.

What they don’t know and what the media never found newsworthy is the extreme duress we’ve gone through. The news only covers the animal’s story, not ours. The nights on end of watching, medicating, note-taking of sick animals. Every 3 hour tube feedings, injections and enemas, standing alone in poop-filled pools in freezing temperatures to bottle feed baby manatees or baby dolphins, while those around us celebrate Thanksgiving and Christmas, forgetting their anti-captivity rhetoric, while we shiver through the night, tired and hungry in the middle of a 24-hour shift doing everything you can to save a creature who has put all of it’s trust into us. Knowing fare well that if you screw up, fall asleep standing up, or miss a subtle cue of distress that this beautiful creature may die. They have not experienced the pain of watching and the feeling of the last heartbeat and breath of a dolphin, sea lion, or manatee dying in your arms, looking you straight in the eye as if to say help me or thank you, and in those final moments only you can decipher the final thoughts before death. You begin to cry if you’re alone there in the dark and cowboy up if you’re surrounded by peers, only to let it out in the seat of your car in your employers parking lot at the end of a very long day. You sit and ponder in anguish at what you could have done differently to save this one and what you can do the next time. You celebrate their life by helping the next one of their species.

Unless you’ve done it, one could never understand what it’s like to cut open and remove the brains and eyes of an animal you’ve cared for all it’s life. Sure, you put on your scientist mask, bundle up all of your emotions and swallow them like a big nasty pill and commence to do your job in the efforts of science and discovery and the personal need to know why. Your internal emotions and feelings of sadness, images of the happier times with this animal run through your veins in the form of liquid courage and it takes all of your might to carry on stoically. Hoping to find that smoking gun, that reason for not surviving your treatment. You hope to see the worst, a cancer, an infected kidney, inoperable stomach blockage or a brain abnormality. Often we find nothing and spend the rest of the evening wondering what went wrong and what could you have done differently. The thoughts haunt you through the night as your friends and family wonder why you’re so despondent and can’t sleep or why you aren’t in the mood to eat that piece of steak. Our reward is to move on to the next case unless you are one of the unfortunate ones that has to make that trip the following day to the rendering factory to dispose of the carcass and once again, feel those emotions as you toss a head that you’ve hugged a thousand times into a vat of guts while dodging the spray of nastiness.

They will never know the pain of the animal bites, the broken bones, contusions, sprains, cortisone injections, IV fluids, stitches, ear infections and the unfortunate times you had vomit, the diarrhea and the long dead animal guts and maggots fly into your eyes and mouth.

They will never know the disappointment and the emptiness you cast upon your families with missed vacations and birthdays and the wonderment by those you love that can’t understand why you lack emotion at the death of a family pet or when you make an early decision to put the animal to sleep, knowing early on the inevitable suffering that prolonging death can create.

They will never know what that final rub down, that saying of I’m sorry, what that pat on the back of an animal feels like when you are getting ready to inject a life ending medication in an upwelling of humbleness and hopelessness, a surrender of effort of all your skills to prevent suffering.

They will never know the terror and horror, the sounds and images of being in a rescue van or cage or pool when an animal goes through its death throes. Flailing about in a final fit of uncontrollable rage, sending humans, skin and blood flying through the air, destroying everything in it’s path and then the sudden unexpected feeling of what was once hope comes crashing to the ground in a matter of seconds.

They will never know the many times we came very closed to being killed, mauled, drowned, or losing a limb, toe or finger or co worker in the efforts of just doing our job, you know, the one that is the greatest one in the world?

And so now were are forced to believe by many that this isn’t the greatest job in the world, that all that we’ve done, all of the pain and effort, tireless nights and trips to the hospital is a bad thing. They say our animals are treated poorly, our facilities are substandard, and we should be ashamed. Ironically, in a much misinformed manner, these foul cries of care seemed limited to the United States, where the best care in the world is provided. Having transported animals all over the world, I have truly seen the atrocities of animal care in third world countries. But that’s ok I guess, because we only believe what we see and fail to listen to the real experts. Untouchable they are the third world facilities, look at Taji. Those animals are captured and slaughtered every year, yet there are more outcries regarding a little blonde haired girl blowing a whistle–feeding and rubbing down an animal that she truly loves and will give her all with great sacrifice to her life and those around her in an effort to give that animal a good life- than the cries of slaughter. The paths we chose in the animal industry we didn’t always chase. We started as education staff, operations staff, cigarette butt picker up’ers, scuba divers and bucket washers. Suddenly, we were given the opportunity to be closer than most to these wonderful creatures. I’m sure there isn’t a soul in the business who hasn’t stated that “I can’t believe I’m getting paid for this”. So innocent and inexperienced, having no idea that this journey will take you through a river of emotions, good and bad and that those children that you teach and share the joy of making a connection to animals, those children will grow up to say what you are doing, the efforts that you made, were not in the animals’ best interest.

I can truly say that I am against captivity and I am for captivity. I think perhaps, maybe it’s time to end Killer Whales in Captivity, but why not the elephants? I don’t really see the need anymore, we’ve learned about all we can. On the other hand, if it were not for having killer whales in captivity, who would have freed Willy? Who would have rescued, rehabilitated and released Springer? Who would have flown to Turkey for 2 years of their life to train captive dolphins to be wild again and set them free? Who of you out there are planning and watching every day the case of Morgan the Killer whale in Spain. Who of you is experienced and ready to leave your family for years to train and release this little whale back to her family? Who is prepared to make real sacrifices other than spouting verbal diarrhea from your warm cozy couch with an I Pad……..We are!

We are the ones who still love our job, we love animals in our care more than our friends and our future. We are proud of our accomplishments, we do make a difference in the lives of others, we are tough as nails, we are not afraid, we can control our emotions, we can laugh in the face of adversity and we can succeed where others have never tried. We teach and train the animal caretakers of the future, there will always be a need for us. Who is going to save the beached animals of the future? Movie directors?

I am proud of who I am and those that I have helped have a better life. I am not part of the problem, I am the solution. I am an animal husbandry specialist and I will never stop caring.

There you have the conflicts, the pathos, and the doubts (and certainty) of animal care, all wrapped up into one deeply felt letter. I don’t criticize Animal Care workers. In my view they are doing their best, for the right reasons, in a captive entertainment model that is flawed and that I think needs to be reinvented. I reserve my skepticism and criticism for that model, not for the people who do their best to ease the lives of the animals trapped in that model. It is easy to say they shouldn’t do that work. But if they didn’t do you think the lives of the animals would be better or worse? I thought so.

A (Not Atypical) Moment In The Life Of A Cyclist

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When I started cycling a lot about seven years ago, the relationship between drivers and cyclists seemed in flux. It felt like with a little motorist understanding, and better cycling manners, motorists and cyclists could learn to live together and learn to share the road.

Unfortunately, the opposite has happened. In my experience, the relationship has steadily deteriorated and now motorists and cyclists exist in a state of perpetual cold war. Many motorists are hostile and abusive, and still don’t understand why someone on a bicycle is slowing their progress by, oh, 10 seconds. And many cyclists are slow to single up while riding, or don’t think twice about taking a driver’s right of way at an intersection, or yelling, or giving the finger to, or smacking the side of cars that pass in a way they don’t like.

The result is overt hostility from some drivers, and since it is motorists who have the benefit of a 4,000 pound vehicle and a powerful engine, it can get a little dangerous out there. So I thought I would share just a single incident that reflects what it can be like out there for a cyclist on the road in the DC area.

This occurred last Monday evening in southern Anne Arundel County during the regular Monday night ride from a local bike shop. A group of five of us was riding north on the shoulder of Route 2, and as the light at Harwood Rd. approached pulled out toward the centerline in preparation for making a left onto Harwood Rd at the light. As we did, a car coming south at about 50 mph steered onto the double yellow line/rumble strips to pass very close by.

One of our riders had a camera in the flashing light under his saddle and caught this video (click on the settings icon in the lower right of the video to slow it down to .25 speed and watch from about 25 seconds in).

I was in front of the rider with the camera and close to the center line, and estimate that the car passed less than a foot from me (and it felt like inches). Unfortunately, the resolution of the camera and the car’s speed (plus maybe a license plate cover) is making it hard to pull the plate number.

It is impossible to know whether this was a deliberate attempt to target and intimidate a group of cyclists. Maybe it was just distracted driving, and the driver was on a device. But the steering was very precise and smooth throughout. There was no sudden course correction, which you might expect if a driver suddenly looked up from a text and saw that he/she was about to take out a group of cyclists. It certainly felt calculated and deliberate (and it hurts me all the more that it was a Redskins fan!).

It goes without saying that whatever logic or thought process was at work, it is INSANE. A minor steering mistake by the driver or a cyclist could have resulted in a death. What also struck me was that this sort of driver BS is common enough that I didn’t even flinch, and I don’t think my heart rate increased one beat. It was like: “Oh well, another complete a**hole driver. Glad I wasn’t killed or maimed.”

So that’s just a single moment in the deteriorating motorists vs. cyclists cold war. It is an entirely asymmetrical war since it is easy for motorists to kill cyclists, and very hard for cyclists to injure a motorist. And I have lost hope that drivers who, for whatever reason, can’t stand that they have to share the road will somehow mange to keep things in perspective and remember that lives and families can be destroyed in an instant if they give in to their aggression.

I used to joke that I would love to have a helmet-mounted paintball gun to surreptitiously paste the back bumper anytime a jerk driver blasts by too close while leaning on his horn, or spits, or curses, or throws something at me. But until that technology arrives I think the best thing cyclists can do is to put cameras on their bikes (the one that caught this incident is integrated into the blinking light that mounts on the seat post; but it is apparently flawed by the fact that the resolution and frame speed wasn’t good enough to read the license plate).

And if enough cyclists do that, and if there are enough prosecutions that result from cyclists doing that, and enough motorists become aware of the fact that their actions might be captured on camera, maybe then drivers with cyclist rage will, you know, not try and take it out on vulnerable cyclists.

I have also been thinking cycling jerseys that simply, and in easily visible lettering, declare “Camera On Board,” or “Caution: You Are Being Filmed,”would be a good safety innovation (regardless of whether there actually is a camera on board). Because deterrence is the key, to draw on a central cold war strategy. I’d much rather prevent a motorist from putting me in the hospital than prosecute a motorist from a wheelchair.

Be careful out there…

Marius The Giraffe Is Every Zoo Animal

“Uh-oh. It’s starting to get crowded in here again.” (Source: Wikimedia; Daderot)

The world has been understandably shocked by the Copenhagen Zoo’s casual execution of its surplus giraffe, Marius (feeding his corpse to the lions showed an odd combination of pragmatism and obliviousness to the zeitgeist). So naturally, the Copenhagen Zoo and its Director have become the target of intense animal welfare criticism.

I am not a fan of zoos, and have the utopian wish that we would simply work on conserving both the natural habitats and the animals in them, instead of incarcerating animals for “research and education” and making a profit while we are at it. But Naomi Rose of the Animal Welfare Institute had a very interesting take, which she has given me permission to share:

Zoos have been doing this all around the world, including at AZA-accredited facilities, for decades. Breeding programs, particularly for non-endangered species, often result in “surplus” animals, because zoo visitors like seeing baby animals in the springtime, so the zoos oblige. When animals are not culled, they are sold to road-side zoos, sent to “canned hunt” facilities, or, in the best case scenario (also the least commonly occurring) sent to sanctuaries. AZA facilities are the least likely to sell to road-side zoos or canned hunts, but they have been caught doing so at times. Non-AZA facilities unload their surplus animals this way routinely.

Killing surplus animals (especially with a bolt gun to the head) is the most humane option, actually, and in all fairness the most commonly used. What made Marius so shocking to you all is that it was done in broad daylight, before an audience, as a “learning experience.” Well, I think it was more of a learning experience for the zoo than the public watching! Big mistake to air this common practice quite so brutally. Usually these euthanasias are done behind the scenes. The bodies are usually sent to landfills or rendering plants (or, in some infamous cases, buried in the backyard) – they are NOT usually fed to the carnivores in the same zoo.

So while the Copenhagen Zoo may have been the least sensitive practitioner of this “management” method, please do not direct your ire at the zoo or its director. They were in fact the honest ones. ALL zoos – ALL ZOOS – do this to one extent or other. Think about it – how else can they manage a “collection” in a finite amount of space when they have babies every year? We see the problem even with orcas, who are among the least prolific of captive species. San Diego now has 10 orcas. Four orcas were sent to Loro Parque (and calves used to be sent to Ohio). Think about all those antelopes and giraffes and water buffalo and exotic rodents and birds and on and on and on. Where do you think all those animals go?

SeaWorld is a circus and easy to dislike, but every single well-designed, modern zoo out there is hiding a darker underbelly. If you think the cost is worth the benefit to kids who get to see tigers and lions and bears up close, that’s one thing, but don’t be blind to the cost.

What gets me is the hypocrisy of zoos. I actually think people should be GRATEFUL to the Copenhagen Zoo for outing this practice so bluntly. Zoos claim they are as much about individual animal welfare as about conservation, but often they are about neither.

Animal protection groups focused on zoo animal welfare, which are well aware of these practices,  have been promoting “cradle to grave” care for decades. If a zoo cannot commit to cradle to grave care for every animal born at its facility, then it should not allow breeding. Whether that’s through chemical means, gelding, or separation of the sexes, they should not allow babies to be born to which they cannot commit a lifetime of care. The reaction of people online and on this list leads me to believe that most people, even those working against captive orcas at SeaWorld, think that what happened to Marius is a horrible, brutal one-off or that only the Copenhagen Zoo is guilty of it. That is so far from the truth as to be laughable.

Usually euthanasia is done as it is in shelters, with chemicals. The meat is not usable then and, as I said, is sent to landfills or rendering plants. Marius was shot (arguably more humane, actually, if more shocking) because they wanted to feed him to the lions as part of the “educational” part of the event and they didn’t want to spoil the meat. As I also said on FB, Marius didn’t give a shit how he died – it’s the people who are horrified at the betrayal of trust inherent in feeding him a piece of bread and then shooting him when he bent down, but putting him down with a shot of phenobarbital would have been just as horrible – it just would have been quieter.

The irony is that other zoos no doubt registered the avalanche of attention and criticism that buried the Copenhagen Zoo and will only go to even greater lengths to keep zoo euthanasia hidden from the zoo-loving public.

Hollywood Film-making Is Not As Animal Friendly As You Thought

“No animals were harmed.” That’s the stamp of approval that is supposed to assuage any doubts or qualms moviegoers might have about the use of animals in films. Thanks to this powerful investigative report in The Hollywood Reporter (which includes some pretty brutal pics), you now know not to believe it (if you ever did):

THR investigation has found that, unbeknownst to the public, these incidents on Hollywood’s most prominent productions are but two of the troubling cases of animal injury and death that directly call into question the 136-year-old Washington, D.C.-based nonprofit’s assertion that “No Animals Were Harmed” on productions it monitors. Alarmingly, it turns out that audiences reassured by the organization’s famous disclaimer should not necessarily assume it is true. In fact, the AHA (American Humane Association) has awarded its “No Animals Were Harmed” credit to films and TV shows on which animals were injured during production. It justifies this on the grounds that the animals weren’t intentionally harmed or the incidents occurred while cameras weren’t rolling.

The full scope of animal injuries and deaths in entertainment productions cannot be known. But in multiple cases examined by THR, the AHA has not lived up to its professed role as stalwart defenders of animals — who, unlike their human counterparts, didn’t themselves sign up for such work. While the four horse deaths on HBO’s Luck made headlines last year, there are many extraordinary incidents that never bubble up to make news.

A Husky dog was punched repeatedly in its diaphragm on Disney’s 2006 Antarctic sledding movie Eight Below, starring Paul Walker, and a chipmunk was fatally squashed in Paramount’s 2006 Matthew McConaughey-Sarah Jessica Parker romantic comedy Failure to Launch. In 2003, the AHA chose not to publicly speak of the dozens of dead fish and squid that washed up on shore over four days during the filming of Disney’s Pirates of the Caribbean: The Curse of the Black Pearl. Crewmembers had taken no precautions to protect marine life when they set off special-effects explosions in the ocean, according to the AHA rep on set.

And the list goes on: An elderly giraffe died on Sony’s 2011 Zookeeper set and dogs suffering from bloat and cancer died during the production of New Regency’s Marmaduke and The Weinstein Co.’s Our Idiot Brother, respectively (an AHA spokesman confirms the dogs had bloat and says the cancer “was not work-related”). In March, a 5-foot-long shark died after being placed in a small inflatable pool during a Kmart commercial shoot in Van Nuys.

All of these productions had AHA monitors on set.

Just one more facet of the entertainment and animals problem.

Comment Of The Day: Memories Of SeaWorld’s Sea Lion & Otter Stadium

In response to this post, K wrote:

Interesting that all of this simply shifts the focus from the issue at hand. I worked at the Seal and Otter stadium for several years with Dean. We watched as Shamu stadium would receive a set overhaul to the tune of 1 million dollars, but walruses swam in pools exposed to the public, and required surgery to remove paint chips and pacifiers from their stomachs. TOne walrus, Buk-Buk, had at least two surgeries, and sat in a “sunporch” -a 20 x 20 covered cement room for months while she healed from the surgery. Watching her sit, and suck her flipper for days on end was heartbreaking. Anyone seeing this knows this is wrong, period. Repainting and covering the exhibit with a screen could have prevented this. It couldn’t have cost more than $50,000. Unfortunatley Seaworld’s priority was making money! I returned to Seaworld approximately ten years later, a saw Garfield, alone in a dark pool with bars and no socialization. It reminded me of something from a Hannibal Lecter movie. Obviously Garfield is dangerous, he’s a bull male walrus! Looking at this beautiful guy that I had worked many years before, broke my heart. Any trainer, animal lover, whatever, knows that this was wrong!

“The Ocean Is Broken”

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Ivan Macfadyen: “I’ve done a lot of miles on the ocean in my life and I’m used to seeing turtles, dolphins, sharks and big flurries of feeding birds. But this time, for 3000 nautical miles there was nothing alive to be seen.”

An Australian sailor’s dispiriting voyage across a barren, Fukushima-inundated, Pacific Ocean. Sometimes anecdotal reports are the most heartbreaking and infuriating:

But they weren’t pirates, not in the conventional sense, at least. The speedboat came alongside and the Melanesian men aboard offered gifts of fruit and jars of jam and preserves.

“And they gave us five big sugar-bags full of fish,” he said.

“They were good, big fish, of all kinds. Some were fresh, but others had obviously been in the sun for a while.

“We told them there was no way we could possibly use all those fish. There were just two of us, with no real place to store or keep them. They just shrugged and told us to tip them overboard. That’s what they would have done with them anyway, they said.

“They told us that his was just a small fraction of one day’s by-catch. That they were only interested in tuna and to them, everything else was rubbish. It was all killed, all dumped. They just trawled that reef day and night and stripped it of every living thing.”

Macfadyen felt sick to his heart. That was one fishing boat among countless more working unseen beyond the horizon, many of them doing exactly the same thing.

No wonder the sea was dead. No wonder his baited lines caught nothing. There was nothing to catch.

From there, if you can believe it, the voyage only gets worse. Read the whole thing.

To me, it is a reminder of how potentially grave and profound the threats to the oceans are, and how ill-equipped and ill-prepared the global community is when it comes to confronting the problems. Our global mindset and our global institutions are simply nowhere close to coming to grips with the sorts of lifestyle changes and costs that would be involved in reversing the trends. It is a complete mismatch of reality versus awareness and will.

The Story Of An Octopus (And What It Tells Us About Our Culture)

“Don’t murder me, man.”

This is a fascinating story about Seattle’s love of high-end, locally sourced food, versus Seattle’s progressive belief that intelligent, charismatic species shouldn’t be brought thrashing to the dinner plate. It starts by describing the legal capture, in harrowing detail, of a Giant Pacific Octopus, by diver Dylan Mayer. And then it explains what happened next:

In a city finely attuned to both the ethics of food sourcing and poster-worthy animal causes (the spotted owl, the killer whale and marbled murrelet among them), Mayer’s exploits became an instant cause célèbre. On Nov. 1 and 2, Seattle’s competing news stations reported the octopus hunt. The next day, The Seattle Times ran the story on the front page. On Web forums, Seattleites tracked down the teenager’s name and address through the clues in the photos: the truck’s license plate, the high school named on Mayer’s sweatshirt and the inspection sticker affixed to his tank. “I hope this sick [expletive] gets tangled in a gill net next time he dives and thus removes a potential budding sociopath before it graduates from invertebrates to mammals,” read one typical comment, which received 52 “thumbs-ups.” Around the same time, Scott Lundy, one of the men who had confronted Mayer in Cove 2, issued a “Save the G.P.O.” petition to ban octopus harvesting from the beach and examine the practice statewide. By the next day, he had collected 1,105 signatures.

Across Elliott Bay, at the same time, a much subtler food sourcer was at work. Chef Matthew Dillon was building his highly anticipated new restaurant, Bar Sajor (pronounced “sigh-your”) in Pioneer Square. After the success of his first, Sitka & Spruce, Dillon, 39, earned an unsought reputation as the consummate locavore in a city filled with them. He cultivated rare herbs and foraged for mushrooms in the foothills of the Cascades; whereas many Brooklyn restaurants are only now coming around to wood sorrel and perilla, Dillon has been cooking with them since 1995. At Bar Sajor, there would be a rotisserie and a wood-fire oven, but no gas range; Dillon would make his own yogurt and vinegars, ferment his own vegetables and change his menu every day depending on what looked fresh and interesting — including, as it happened, giant Pacific octopus.

So as the “Save the G.P.O.” campaign raged this spring, the city raved about Dillon’s octopus salad. In The Stranger, the influential alt-weekly magazine, Bethany Jean Clement described it as having “a restrained oceangoing flavor, a bouncy but tender texture — sometimes a little chewy but never rubbery,” plated that day with “a thick walnut sauce, dill for freshness, and an oozing egg yolk for vivid creaminess and color.” The Seattle Times also heaped praise. “Bar Sajor Is Matt Dillon’s Finest Yet,” ran one Friday headline, just a week after another: “New Hunting Rules Likely for Puget Sound Octopus.” Whenever the salad appeared on the menu, it sold out. Inevitably this posed a most uncomfortable question for Seattle’s food community: should it save the giant Pacific octopus or just eat it?

You should read the whole thing, which has some surprising twists, to learn how it all ended. But it is a good example of how knowing where an animal on your plate came from, and what it went through in the process of getting there, can change how you think about it (previously, Seattle-ites didn’t have a problem with Asian-sourced octopus that simply arrived on plates like any anonymous commodity, with no backstory). It is also an encouraging sign of growing empathy for the animal lives that get destroyed as we indulge our predilection for food porn.

But there is no reason that empathy shouldn’t extend to any animal and any food, from bacon to a burger. When people really think about the ethics of eating animals, and are aware of the experience of the animal, they start to question. Obliviousness to the process (whether willful or not), and what it involves no matter the species, is probably the single most important factor that enables people to happily eat animals.

“Dogs Are People, Too”

Yet another powerful data point that buttresses the idea that the more we study animal cognition and intelligence the smarter and more emotionally complex we understand animals to be. Rarely, if ever, does a study of animal intelligence conclude: “Well, they are dumber than we thought.”

FOR the past two years, my colleagues and I have been training dogs to go in an M.R.I. scanner — completely awake and unrestrained. Our goal has been to determine how dogs’ brains work and, even more important, what they think of us humans.

Now, after training and scanning a dozen dogs, my one inescapable conclusion is this: dogs are people, too…

…The ability to experience positive emotions, like love and attachment, would mean that dogs have a level of sentience comparable to that of a human child. And this ability suggests a rethinking of how we treat dogs.

DOGS have long been considered property. Though the Animal Welfare Act of 1966 and state laws raised the bar for the treatment of animals, they solidified the view that animals are things — objects that can be disposed of as long as reasonable care is taken to minimize their suffering.

But now, by using the M.R.I. to push away the limitations of behaviorism, we can no longer hide from the evidence. Dogs, and probably many other animals (especially our closest primate relatives), seem to have emotions just like us. And this means we must reconsider their treatment as property.

This leads nicely into a logical (and powerful) argument about the need for some sort of limited legal personhood for dogs and other animals.

I’m not sure why research is necessary to prove that dogs and other animals have emotions, as well as think and feel in ways that we humans can understand and recognize. Perhaps humanity jealously guards its sense of exceptionalism (not to mention the desire to exploit animals freely for profit). But if this is the sort of research that is required to get humanity to rethink the ways in which we subordinate and treat animals, then I am glad it is being done.