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Marine Mammal Inventory Report

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Marine Mammal Inventory Report Marine Mammal Inventory Report Killer Whales (Orcinus orca) in Captivity An evaluation of marine mammal inventory record-keeping for killer whales in captivity and adherence to Marine Mammal Protection Act (MMPA) requirements. Governing bodies of the MMPA: National Marine Fisheries Service (NMFS) National Oceanic and Atmospheric Administration (NOAA) United States Department of Commerce (USDOC) Marine Mammal Commission (MMC) In conjunction with Animal Welfare Act (AWA) Regulations: Animal and Plant Health Inspection Services (APHIS) United States Department of Agriculture (USDA) With additional oversight by: United States House of Representatives Committee on Natural Resources Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs Report prepared by: John Kielty The Orca Project Corp PO Box 66522 St Pete Beach, FL 33736 www.theorcaproject.com [email protected] (Revised 03-21-2011) Since the 1972 implementation of the Marine Mammal Protection Act (MMPA), the National Marine Fisheries Service (NMFS) has had jurisdiction over the capture, export, import and public display of all cetaceans and pinnipeds (killer whales, dolphins, seals, sea lions, and the like, with some exceptions) and the issuance of permits to satisfy the MMPA. Additionally, the NMFS is required to maintain an inventory of marine mammals held in public display facilities in accordance with 16 USC § 1374 Sec 104 (c) (10). An audit of NMFS Marine Mammal Inventory Reports (MMIRs) has revealed the shockingly sparse data contained within the database in regard to killer whales (Orcinus orca). For nearly 40 years, NMFS has tracked the status of more than 7,400 individual marine mammals, yet only 1.4% of those consist of the relatively small population of 103 orcas for which NMFS maintains records. With a full appreciation of the enormity and scope of documenting and tracking the complete population of marine mammals, it is however disconcerting to find the historical and current record keeping for killer whales to be grossly inadequate. One would assume that data compiled by the sole government oversight agency charged with this task would be thorough and complete especially where it concerns large, intelligent, sentient beings such as orcas. However, these inadequacies are just the tip of the iceberg. Data deficiencies appear to be widespread throughout the NMFS inventory information about the thousands of dolphins, seals, sea lions, and other marine mammals. A database of orca inventory information has been reconstructed by The Orca Project to simulate the NMFS MMIR database to incorporate unknown, blank, missing, or incorrect NMFS data into the orca inventories through historical research. The scarcity of data readily available from the NMFS is quickly apparent from this reconstruction, and the extent of information that has not been recorded is alarming. After data is incorporated from external sources and historical records into the existing killer whale records on file with NMFS, the following statistics are produced: Of the 103 orcas on file with NMFS: 33 are still alive (21 in U.S. parks, 12 in foreign countries). 69 are deceased. 15 of these 69 are still shown as living by NMFS. 4 of these 69 are listed as dead, but no cause of death is given. One orca (Keiko) was released. 35 orcas were born in captivity, 67 were wild captures, and 1 (Sandy) was beached/stranded. 20 are listed as from “unknown” origins, and many are currently listed in “unknown” facilities by NMFS. Approx 24 orcas tracked by NMFS have never been in the United States (before or after capture). Orcas passed through approximately 58 marine parks, aquariums, and holding areas-- only approximately 25 of which can be found through MMIR data. 37 of the 103 orcas spent time at Saedyrasafnid Aquarium in Iceland after their capture before being shipped to other destinations, but there is not a single report of this facility in the MMIRs (although information about a few may exist in import permit data). There have been 224 transfers/imports of orcas. NMFS records show only 43 transfers and 24 imports for a total of 67 (import permits may indicate some prior movements). The purpose reported for all captive orcas has been public display, with the exception of two unnamed orcas taken for “scientific research” in 1997 in Taiji, Japan. Both of those orcas died within 4 months. 03/21/2011 Page 1 of 24 www.theorcaproject.com In addition to the statistics listed above, no MMIR data exists for the following 123 orcas: An additional 32 orcas have been captured in, rescued from, born in, or transferred to the United States, for which no MMIR data exists. 3 were released, 1 escaped, and 28 are deceased. An additional 20 captive-born orcas, which are the progeny of orcas on file and tracked by NMFS, have no MMIR data and are not recorded with NMFS as required by USC § 1374 Sec 104 (c) (10). 14 are deceased, and 6 are living. An additional 26 orcas have spent time at facilities on file with NMFS. No MMIR data exists for these 26 orcas. 25 are deceased, and 1 is living. Additionally, there have been 28 unsuccessful orca births (miscarried, stillborn, or otherwise unsuccessful) at NMFS-monitored facilities. NMFS has not been required to maintain records on unsuccessful births. For informational purposes, 17 orcas reside or resided at foreign facilities that are currently in operation for which NMFS may have oversight on future transactions. None of these facilities or orcas are on file with NMFS. No MMIR data exists for these 17 orcas (14 deceased, 1 living, and 2 unsuccessful births). For the purpose of this report, The Orca Project has generated NOAA ID numbers that begin with UNL- (Unlisted), UNS- (Unsuccessful) or XXX- (for all others) for orca records not maintained by NMFS. The data for these orcas can be found toward at the end of this report. It is acknowledged that some of the external data incorporated into the attached simulated MMIR to replace “missing or unknown” information may have been in compliance with MMPA regulations… since the capture, transfer, import, death, etc may have occurred prior to implementation of the MMPA and that the exclusion of the data may have been in compliance prior to its’ amendments. However, a substantial number of incomplete, unknown and incorrect data sets exist in the MMIR database including recent transactions. It is further understood that 16 USC § 1374 Sec 104 (c) (10) limits the data permit holders are required to supply in order to satisfy permit requests in accordance with the MMPA. It is also recognized that much of this record keeping is assumed to have occurred prior to the tenure of current NMFS staff and that record keeping appears to have improved somewhat in recent years. However, the attached document is believed to be an accurate representation of all the inventory data that should be readily available through the NMFS. It is the intent of this study and report to recommend to the governing bodies of the MMPA that no further permits be issued to any active marine mammal park, aquarium, facility, or permit holder for the capture, import, export, or transfer of marine mammals until all outstanding incomplete, unknown and incorrect data is updated to conform, to the best of their ability and to the satisfaction of NMFS, National Oceanic and Atmospheric Administration (NOAA) United States Department of Commerce (USDOC) and the Marine Mammal Commission (MMC) with MMPA regulations in place at the time of capture, import, export, transfer, or death and that all recent and current transactions under the MMPA (in its’ current form) be strictly adhered to before issuance of any future permits and/or that current permits be revoked in accordance with 16 USC § 1374 Sec 104 (c) (2) (D) for the failure to meet the MMPA requirements for the public display of marine mammals. Additionally, numerous facilities in the United States and abroad (including the largest holder of marine mammals in the United States, SeaWorld and its subsidiaries) have not complied with the conditions of 16 USC § 1374 Sec 104 (c) (10) by failing to provide the inventory data required to maintain previously issued permits and should immediately be excluded from any future permits until the requirements set forth above have been satisfied. It is not reasonable to approve, grant, or maintain permits for facilities that are not in compliance with the requirements of the MMPA 16 USC § 1374 Sec 104 and do not meet professionally recognized standards of the public display community or meet the minimum acceptable standards of the Animal Welfare Act (AWA) 7 USC 2131 for the animals in their possession. The U.S. Department of Agriculture’s Animal Plant and Health Inspection Service 03/21/2011 Page 2 of 24 www.theorcaproject.com (USDA APHIS) maintains oversight and permitting for facilities pursuant to AWA regulations, and AWA compliance is additionally used as a basis by which the NMFS issues permits for the capture, import, export, and transfer of marine mammals. The data contained in this report clearly demonstrates that the requirements of the AWA and MMPA cannot be satisfactorily confirmed without knowledge and verification of historical records, the care and status of presently and previously held animals, and compliance with current and past regulations. In 1994 the MMPA was overhauled, incorporating numerous changes that stripped away much of the independent oversight from U.S. government regulatory agencies. This effectively created a self-governing industry in which the data requirements and transparency of marine mammal care at public display facilities is now essentially controlled by the multibillion-dollar entertainment facilities that house these animals. It is hoped that through this report, the U.S. Department of Commerce, the U.S. House of Representatives, the Committee on Natural Resources, and the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs will recognize the need to once again overhaul the MMPA, the AWA, and the Endangered Species Act (ESA) to return them to the status for which they were created and intended-- for the care, safety, and protection of our precious marine life.
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