Please consider taking action to support the welfare of marine life at the Miami Seaquarium. This is from a Facebook post by John Kielty:
To whom this may concern:
As you may be aware, Andrew Hertz, General Manager of Miami Seaquarium, Miami, FL has recently stated his intention to file a $3 to $5 million dollar claim against BP citing his requirement to upgrade the marine park’s filtration system should the waters of Biscayne Bay become contaminated from oil resulting from the Deep Water Horizon incident in the Gulf of Mexico (www.justnews.com/news/23910898/detail.html). By this action, the Hertz family has admittedly demonstrated that they are not prepared, equipped or otherwise capable of carrying out a disaster contingency plan to provide emergency sources of water and/or arrangements for relocating marine mammals as is required by APHIS Regulation 9 CFR section 3.101(b). The National Oceanic and Atmospheric Administration (NOAA) predicts an 80% chance that the oil will hit the Miami area in August and I am deeply concerned the Miami Seaquarium wildlife is in jeopardy. In addition to Killer Whale Lolita the lives of 30 dolphins, 15 seals and sea lions, dozens of reptiles/fish, sea turtles, and at least eight manatees are in peril. Your immediate action is required to ensure their safety.
Should the Hertz family be successful in securing funds for this major reconstruction effort, it is my contention that Miami Seaquarium be required by USDA-APHIS to bring ALL provisions of animal welfare, including marine mammal housing size, into compliance with current APHIS Regulations under the Animal Welfare Act.
Since the brutal capture of killer whale (orca) Lolita in 1970, she has been kept in a tank that is illegal by current APHIS standards for space requirements as provided in Regulation 9 CFR section 3.104. Now 42 years old, Lolita (also known as Tokitae) is approximately 21 feet long and 7,000 pounds. Her tank is 20 feet deep at the deepest point, a mere 12 feet deep around the edges and 35 feet wide. Lolita’s life of misery in these substandard confines has continued long enough. The Hertz family has been profiting from Lolita’s exploitation for more than 40 years and the time has come to end her suffering and provide her the protection and quality of life she deserves. They should not be allowed to continue operating with no emergency contingency plans, under outdated regulations, and making piecemeal improvements aimed solely at protecting profits. Now is the time to act on Lolita’s behalf. Time is running out!
As a part of Animal and Plant Health Inspection Service at The US Department of Agriculture, I know that you are concerned with the future of marine mammals in captivity and the urgent crisis developing at the Miami Seaquarium. Please do your part and ensure immediate action is taken and provisions are provided that require Miami Seaquarium’s compliance with all current APHIS Regulations under the Animal Welfare Act for this emergency and any future construction and/or upgrades at their marine mammal park. If the Hertz family finds that complying with all current APHIS Regulations is not cost feasible, alternative viable solutions are under development to provide a safe retirement for Lolita in her native habitat in the Pacific Northwest. Details of this proposal can be found here: www.orcanetwork.org/captivity/2007proposaldraft.html. There are many wonderful people and organizations willing to work with the Miami Seaquarium and are ready, willing and waiting to move forward with a rehabilitation/retirement plan for Lolita.
Thank you for your prompt attention to this matter.
Sincerely,
