Frontline: A Whale Of A Business

First aired in 1997, PBS Frontline’s A Whale Of A Business was the pioneering investigation of the business and practices of marine mammal parks. The reporting and materials Frontline gathered and put online were invaluable when I first started to report Killer In The Pool.

Now the documentary has been uploaded to YouTube and you can watch the entire report PBS aired.

Safety Bar?

Check out this picture which someone just sent me (not sure where it comes from; apologies in advance to any potentially outraged photographer).

I’m posting it as a follow-up to my post on SeaWorld whale interaction protocols, because it really captures the fact that the safety bars which are required for head tactile in shows really wouldn’t offer much protection to a trainer if a whale decided to go after the trainer.

It also illustrates that “close contact”–even with a barrier–can mean, well, REALLY close.

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Inside SeaWorld: Waterwork And Protocols For Working Killer Whales After Dawn

With OSHA and SeaWorld headed back to Judge Welsch’s court in January to discuss the timing and specifics of the abatement of the dangers OSHA identified in its 2010 citations of SeaWorld Florida, I thought it would be interesting to take a look at what protocols SeaWorld has been using to define how trainers should interact with killer whales since Dawn Brancheau was killed in February 2010.

The protocols will presumably be a part of the January hearing. And what comes out of that hearing–what Judge Welsch decides regarding SeaWorld’s desire for more time to work out a comprehensive abatement plan and what he does in response to OSHA’s contention that SeaWorld has not been adequately abating the dangers and needs to be in compliance–could have a big impact on what SeaWorld’s killer whale shows will look like in the coming year and beyond, particularly if Welsch decides that the practices that are in place right now are not adequate protection for trainers.

Moreover, as a backdrop to the approaching abatement hearing, SeaWorld continues to move steadily forward in its waterwork desensitization program. I reported over the summer that SeaWorld was going to initiate waterwork desensitization in its medical pools, where the floors can be raised. And I also pondered SeaWorld’s potential strategy and timeline for trying to restore waterwork to its shows. That waterwork desensitization has now progressed to the point where the med pool floors have been left completely down, so that both killer whales and trainers are not beached or standing, but swimming. In California, for example, at least four whales (including Orkid) have been in the med pool, and held under control on a hand target, while a trainer floats nearby. In Texas, they have had Tuar, for one, conduct a perimeter swim past a floating trainer. SeaWorld management has told trainers it will not conduct waterwork in a pool that doesn’t have a rising floor. That makes me wonder whether and when SeaWorld Florida might consider moving waterwork desense and training to G pool (which is where the first rising floor was installed).

But back to the January abatement hearing. To set the context, here are some excerpts from Judge Welsch’s ruling last May upholding OSHA’s citations of SeaWorld:

As with Tilikum, the Secretary proposes that for performances, SeaWorld either install physical barriers between its trainers and killer whales, or require its trainers to maintain a minimum distance from the killer whales. This proposed abatement is technologically feasible; SeaWorld has been using it since February 24, 2010. SeaWorld has banned waterwork with its killer whales during performances, and trainers perform drywork from behind barriers.The proposed abatement is also economically feasible. SeaWorld did not argue that performing drywork from behind barriers or banning trainers from waterwork during performances affected it economically. SeaWorld’s killer whales, including Tilikum, have continued to perform in shows at Shamu Stadium without the presence of trainers in the water with them. Trainers perform drywork from behind barriers or at a minimum distance.

Later in his ruling he writes:

Prohibiting waterwork and using physical barriers and minimum distances eliminate the trainers’ exposure to the recognized hazard of working with killer whales. Proximity to the killerwhales is the factor that determines the risk to the trainers. Dr. Duffus stated, “The fundamental fact with captivity is the proximity. . . . The fact of the matter is simple proximity. . . If you’re close to a killer whale, they can potentially inflict harm” (Tr. 851).

Welsch, as far as I can tell, never defines a minimum distance the trainers should maintain if they are not separated from a killer whale by a barrier. But he clearly seems to believe that maintaining some sort of gap is both proper and feasible abatement. OSHA’s view seems to be that the minimum distance should be whatever distance is required to keep trainers safe. What that distance is, and what Judge Welsch believes it needs to be, presumably is something that the January hearing might clarify.

What Welsch might not know as the hearing approaches is that despite his apparent belief that SeaWorld trainers have EITHER been working from behind barriers during shows since February 2010 OR maintaining a minimum distance , the reality is not quite so clear-cut; that in fact there continue to be plenty of instances in which SeaWorld trainers have direct contact with the whales during drywork, with no barrier and no minimum distance. The Side By Side segment of the SeaWorld One Ocean show, for example, regularly features trainers rubbing down, and hugging, whales on the slideout.

Here’s a sequence from an August 2012 show at SeaWorld Florida:

This is from an October 2012 show, also at SeaWorld Florida.

So what are the protocols that trainers follow for such interactions? Interestingly, it is not at all clear that the OSHA citations and Judge Welsch’s ruling had Continue reading “Inside SeaWorld: Waterwork And Protocols For Working Killer Whales After Dawn”

How Marine Mammal Trainers (Would Like To) See Themselves

Just shared this on my Facebook page, and can’t resist posting it here.

It’s the opening video for the 2012 IMATA (International Marine Animal Trainers Association) conference, which just started up in blood-stained Japan Hong Kong.

Has there ever been an industry that strains so greatly to seem noble and idealistic in its purpose?

Methinks they doth protest too much (I think the psychiatrists call it “overcompensation”)….

A Dolphin Bites Back

So, most of you have probably seen news of the stir created by a SeaWorld dolphin that nipped a little girl who was feeding it.

Here’s the video:

You have to feel sorry for the girl, but she and the family at least learned a little something from the dolphin perspective on a life spent begging for food from paying tourists (and thankfully, the damage doesn’t look too bad).

If you want to know how odious the “petting pool” moneymaking strategy is, then I recommend “Biting The Hand,” an excellent report from Whale and Dolphin Conservation that explains the problems and dangers to both the petters and the pettees.

I don’t have much to add, other than to say petting pools (and this little girl) are one more example of how all the people who head to marine parks because they “love” dolphins do not really love dolphins. They just love the idea of being with dolphins, and having a relationship with a dolphin (superficial as it might be). What they never seem to consider is what their “love” (and willingness to spend money to fulfill their fantasies) means for the dolphins. That is not real love, and it would be nice if more parents would explain that instead of indulging their little dolphin-lovers.

https://i0.wp.com/www.glasswings.com.au/comics/sdcc1999/Dolphin.jpg

Anyhow, here is how one SeaWorld insider responded when I asked for any insight into what happened with the little girl:

Two things: the little girl was holding the fish tray and not even paying attention to the dolphin; and in recent years these dolphins have increasingly received more and more of their total base of food from these public feedings, so you have hungry animals. SeaWorld charges ridiculous prices for just 4-5 smelt so it’s a huge money-making venture. Not ideal for the animals in a lot of ways, including it not being a proper way to manage healthy weight. The more dominant dolphins get most of the fish so you see overweight animals and this type of management causes aggression when you condition animals to compete for food. I hate it.

Yep. Me too.

SeaWorld and OSHA Are Headed Back To Court

Since administrative law judge Ken Welsch last May upheld OSHA’s citations against SeaWorld’s killer whale practices (full ruling is here), SeaWorld has been under obligation to “abate” the hazards OSHA identified: namely the danger of working in close proximity to killer whales.

In essence, OSHA’s citations combined and Welsch’s ruling (which applies to shows), mean that SeaWorld cannot have trainers swimming with the killer whales (aka waterwork), and even when the trainers are out on the pool decks they are supposed to maintain a minimum separation or have some sort of barrier between them and the killer whales.

SeaWorld has decided to take its appeal of the OSHA citations to the federal courts, but in the meantime SeaWorld has been negotiating with OSHA over when and how it must come into compliance with the citations. Since Judge Welsch’s order went into effect, SeaWorld has been asking for more time to figure out how it wants to abate the dangers OSHA cited, and has filed a Petition For Modification Of Abatement. OSHA has taken the position that SeaWorld should already be in compliance, so a new hearing has been scheduled for Jan. 15-17 in Judge Welsch’s court to hear testimony on the timing and method of abatement.

I’ve always thought that SeaWorld would like to be able to submit its fast-rising pool floors, and spare air systems (among other possible innovations) as safety modifications that abate the danger OSHA cited. That would allow trainers to get back into the pool during shows, and perform the waterwork that SeaWorld is famous for. I don’t know if this is the venue where SeaWorld will try to make that case, but it will be worth watching to see.

For its part, OSHA believes SeaWorld has been violating the citations during shows by not maintaining minimum separation and continuing to have trainers hug and touch the whales from the slideouts and pool decks without any protective barriers between them and the whales (OSHA also believes SeaWorld did not properly abate another citation regarding a stair railing). If SeaWorld is hit with two new failure to abate citations they could be looking at penalties of up to $7,000 a day for up to 30 days. That won’t break the SeaWorld bank, but it’s not small change, either.

So stand by for another court confrontation in the winter heat of Florida. Depending on what Judge Welsch decides, the federal appeal may be SeaWorld’s last chance to preserve the possibility of waterwork during killer whale shows at its parks.

Orca Morgan: Ingrid Visser’s Presentation To The Dutch Court

Credit: Ingrid Visser

On Nov. 1, there was a hearing in the Netherlands to review the legal process by which Morgan was sent to Loro Parque in the Canary Islands. Dr. Ingrid Visser, on behalf of the Free Morgan Foundation testified on behalf of Morgan, arguing that Morgan’s life at Loro Parque violates the terms under which she was transferred, and that for Morgan’s well-being the decision to send Morgan to Loro Parque should be reversed.

You can read an account of the hearing (PDF) by the Free Morgan Foundation here.

You can read Visser’s full report on Morgan’s physical status at Loro Parque, submitted in advance of the hearing, here.

Here’s the statement that the Free Morgan Foundation and Visser are releasing along with her slide presentation to the Dutch hearing:

VISSER’s COURT PRESENTATION SHOWS ALARMING ISSUES

Dr Ingrid Visser presented startling new findings from her October visit to Loro Parque.  Following on the heels of the data and images submitted to the Amsterdam Court, from her June visit, Dr Visser returned to check on Morgan’s welfare.  Unfortunately, Visser has found that the intervening 19 weeks have showed not only an escalation in aggression from the other orca, but Morgan has begun to exhibit a stereotypical behaviour which has not been documented before.  In this case, Morgan repeatedly bashes her head against the side of a gate closing mechanism.  Additionally, Morgan’s boredom and stress have manifested themselves in an acceleration of tooth wear, with a third of some teeth now permanently damaged and the tops worn off.  Blue paint on the teeth clearly shows that Morgan is biting concrete below the water surface.  Trainers have been photographed ignoring Morgan whilst she vies for their attention.

And here is the presentation itself:

Aquariums Split Over Wild Beluga Import

This is a very interesting, and potentially important, development: two major players in the aquarium world are opposing the proposed Georgia Aquarium import of wild Russian belugas.

Over the past decades, marine parks and aquariums have mostly stayed united on issues related to the Marine Mammal Protection Act and the display of whales and dolphins. For the National Aquarium and Sea Life Centres to take a different view of the Georgia Aquarium’s plan to import wild belugas and distribute many of them on breeding loans to SeaWorld, Shedd Aquarium, and Mystic Aquarium is a big deal. And it’s an encouraging sign that some aquariums–given what we now know about the intelligence, awareness and sociability of small whales and dolphins–see the possibility of a different model for education and display than the model that has dominated the industry since its inception.

Here is the National Aquarium letter to NMFS, outlining its opposition. One thing that really catches my eye is the National Aquarium’s statement that it wants to review the Marine Mammal Protection Act along with other institutions and outline a new model for display that reflects all that we have learned about marine mammals since the MMPA was put in place in 1972. That is desperately needed, I think:

Here is the Sea Life Centres letter:

And here is a press release from Whale And Dolphin Conservation applauding the position of the National Aquarium and Sea Life Centres:

The stand that the National Aquarium and Sea Life Centres are taking will no doubt cause some heartburn in the industry. But any reform of the MMPA and how marine mammals are treated and displayed around the world is much likelier to make progress with some industry support. So kudos to these two organizations for taking a big and brave step forward.

Morgan’s Story

The Free Morgan Foundation, in advance of a new, Nov. 1, court hearing, has released a passionate PSA calling for Morgan’s release back into the wild.

Morgan’s story is a case study in how the cover of “rehabilitation” is sometimes used as a way to bring wild marine mammals into captivity, which is always looking to diversify the gene pool. I doubt Loro Parque or any other marine park would have been so eager to bring Morgan into their collection if the Judge that authorized that decision had said that she was not to be used for breeding.

The Life Of Kiska

I’m developing an iron law of marine park reporting, which is: the more detail you know the worse marine parks sound. Rarely do additional facts make you feel better about marine parks.

This law just received serious reinforcement by a devastating report in Canada’s The Star newspaper about the life of Kiska, the lone remaining killer whale at Marineland in Ontario.

Marineland has been in the news recently, over animal abuse allegations by former staffers. This new report does nothing to change the dismal picture of Marineland they painted.

Here’s what The Star reports on Kiska:

Kiska, the killer whale, swims alone in her pool at Marineland, often followed by a trail of her own blood.

Her tail has been bleeding off and on since July but has been getting progressively worse, according to Christine Santos, who has been one of Kiska’s primary trainers. She described the bleeding as “gushing” last week….

[snip]…

The Star obtained recent video of Kiska showing a blood trail from cuts in her tail. Once one of Marineland’s best show animals, Santos said she now spends her days swimming listlessly and scratching parts of her body against the sides and sharp fibreglass grates that run the circumference of her Friendship Cove pool.

Treating her is difficult because Kiska, about 37, has refused to go into the medical pool for the past month. Her behaviour has been “breaking down for some time,” said Santos. She won’t even present her tail for blood samples.

Santos believes there aren’t enough trainers to give Kiska and 39 beluga whales enough attention at Friendship and Arctic Coves.

Santos was fired Wednesday. She said she was asked to sign a document that included a statement she’d never seen animal abuse at Marineland. She didn’t sign because “it didn’t feel right.”

Marineland called Santos’ allegations inaccurate and false. Here’s a photo of Kiska, trailing blood, published by The Star (click image for full size).

The Star story also has some pretty gruesome details about a beluga transfer that went wrong:

Other whales have been bloodied at the Niagara Falls tourist park. On Apr. 11, 2012, after female beluga Charmin was left on a trailer when a crane jammed during a move to another pool, photos show the area soaked with blood…

[snip]…

Last April, staffers moved two belugas, Tofino, a male, and Charmin from Friendship Cove to the performing stadium pool. At the end of Charmin’s move, the crane set to lift her in a sling over to the pool jammed, and she was stuck on the flatbed, her tail thrashing against the metal slats and edges of the trailer, according to former senior trainer Phil Demers.

“It was one of the worst days of my life,” says Demers, who helped in the move. “It went on for at least an hour. . . . There was blood on Charmin, on the ground, on the side of the pool, on the pads — it was sprayed all over. The worst, though, was that she lay there all that time with the pressure of her heavy weight (about 1,350 kilograms) on her internal organs — so bad.”

Here’s a photo of Charmin’s bloody transfer (full set is here). Is it something that  NOAA and the rest of us should keep in mind when considering what sort of stresses could be involved in Georgia Aquarium’s proposed transfer of 18 belugas from northern Russia to Atlanta, and then on to SeaWorld, Shedd Aquarium, and Mystic Aquarium?

Beluga Charmin

All the staffer accounts that have been leaking out of Marineland this summer certainly paint Marineland as a poorly managed park where animals suffer daily (video here).

It’s possible that Marineland is, in fact, the worst park in North America. But who knows for sure? How much do we really know about all the other marine parks? It is not until insiders step forward and put the facts out in the light, or the parks open up to real scrutiny, that we can really know the reality.

(h/t to JF for alerting me to this story)