Biting the Hand That Feeds
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Biting the Hand that Feeds THE CASE AGAINST DOLPHIN PETTING POOLS An investigative report by WDCS, the Whale and Dolphin Conservation Society and The Humane Society of the United States (HSUS) Spring 2003 CONTENTS Introduction 1 Petting Pools: A threat to dolphin welfare 3 Petting Pools: A threat to the welfare of Petting Pool visitors 6 What do visitors learn at Petting Pools? 8 Conclusions Inside Back Cover Recommendations Back Cover All information in this report may be reproduced for use as public education providing written credit is given to WDCS and The HSUS. The report itself and photographs contained within it may not be reproduced without the prior written approval of WDCS and The HSUS. WDCS and The HSUS have taken care to ensure the accuracy of information in this report. We welcome comments, updates and new information on human-dolphin interactions in captivity and the wild. Please send information to: [email protected]. Illustration: Linda Shaw Produced by: WDCS, Whale and Dolphin Conservation Society WDCS, US Brookfield House P.O. Box 820064 38 St. Paul Street Portland, Oregon 97282-1064 Chippenham U.S.A. Wiltshire SN15 1LY Tel/Fax. (503) 235-7050 U.K. Tel. (44) (0)1249 449 500 HSUS, The Humane Society of the United States Fax. (44) (0)1249 449 501 2100 L Street, NW Website: www.wdcs.org Washington, DC 20037 Email: [email protected] U.S.A. Registered Charity No. 1014705 Tel. (301) 258-3048 Registered Company No. 2737421. Fax. (301) 258-3080 Website: www.hsus.org E-mail: [email protected] © Copyright 2003 WDCS/HSUS. All rights reserved. most commonly displayed and used in Introduction performance and interaction programs, Life in confinement including in Sea World’s Petting Pools, is Opportunities for physical contact with the bottlenose dolphin. Cetaceans - whales and dolphins, including touching, bottlenose dolphins feeding and swimming with both wild and Public display facilities, irrespective of the in particular - are captive animals, are increasing in range capacity of their tanks or sea-pens and the among the most and intensity. The last five years have seen sophistication of their behavioral enrichment complex and highly a dramatic growth worldwide in human- programs, are simply unable to intelligent of dolphin interaction programs at public accommodate the physiological, behavioral, mammals; renowned display facilities, which both stimulate and social and environmental needs of these meet the public’s demands to get closer complex and wholly aquatic species. As and celebrated for and closer to these unique and fascinating this report depicts, by imposing human their close family animals. Few will deny that a personal contact on captive dolphins, Petting Pools bonds, boundless encounter with a dolphin or whale is a exacerbate the stress already wrought by energy, co-operative stimulating and moving experience but, captivity, and are entirely unacceptable. hunting strategies until now, little attention has been paid to and complicated the potentially negative consequences of Who is responsible for dolphins? communication. The such intimacy. As this report illustrates, issues relating to difference between captive cetaceans (including capture and a dolphin’s existence For many years, WDCS and The HSUS international trade, as well as interaction have expressed concerns about the potential with the public) are inextricably linked to in the wild and risks to both humans and dolphins the protection of their wild counterparts. under the control of associated with physical interaction Although this seems obvious, the US humans in captivity programs. This new report produced by government’s legislative oversight of captive is immeasurable: Not WDCS and The HSUS focuses on one type and wild marine mammals has been only is the scale and of interaction - dolphin petting and feeding fractured since 1994. programs (hereafter known as ‘Petting complexity of its physical Pools’). The report is based on a five year Currently, all jurisdiction over the care and study of Petting Pools operated by Sea maintenance of marine mammals within environment World in the United States (US), but its public display facilities resides with the dramatically reduced, findings are representative of the problems Animal and Plant Health Inspection Service but every single and hazards inherent in Petting Pools (APHIS) of the US Department of aspect of its life - operated by other facilities. Agriculture. APHIS’s regulatory authority from the size and is governed by the US Animal Welfare Act composition of its We conclude that the intense and poorly 1 (AWA) . Prior to 1994, however, jurisdiction social grouping, to regulated physical interactions between for the care of captive marine mammals the food it eats and inexperienced members of the public and was shared by the National Marine Fisheries dolphins in crowded Petting Pools pose Service (NMFS), whose authority derived the hours it sleeps - unacceptable risks to both humans and from the Marine Mammal Protection Act is determined by dolphins. These risks should be of great (MMPA)2. NMFS regulates activities that humans. Tragically, concern to the public, the travel and impact wild marine mammals, including as witnessed in other insurance industries, public display facilities their capture from the wild. The 1994 highly developed themselves, and the US agencies which amendments to the MMPA, however, are not meeting regulatory responsibilities. mammals whose removed most of NMFS’s authority to very essence is regulate captive display facilities. Though WDCS and The HSUS believe that the NMFS is still responsible for issuing permits extinguished in compelling evidence presented in this for captive display, and authorizes the confinement, in report justifies the immediate closure of all transfer of animals between facilities, it has many facilities Petting Pools on public safety and animal virtually no jurisdiction over the welfare captive dolphins welfare grounds. and care of these animals once they are have higher rates of within a facility. infant mortality and An overview of dolphins in captivity a lower survival rate For over one hundred years, whales and According to this division of responsibility, than their wild dolphins (collectively known as cetaceans) the regulation of Petting Pools should fall have been captured in the wild and held under the jurisdiction of APHIS, but the counterparts. captive; objects of humankind’s desire for reality is shamefully different. Regulations animal entertainment and, more recently, for the ‘Handling, Care, Treatment and for personal interaction. Thousands of Transport of Marine Mammals’ (the whales and dolphins are held in tanks and Humane Handling Regulations) were sea-pens all over the world, but the species established under the AWA in 19793. It was 1 no alternative but to bring this issue to the attention of the public, the media and the travel and insurance industries. We encourage each to respond responsibly to the information This obese dolphin has provided. apparently succeeded in competing with other Petting Pool dolphins for fish provided What is a Petting Pool? by visitors. Photo: WDCS Marine mammal Petting Pools permit the visiting public to lean over the perimeter of a pool to touch and/or feed animals such as dolphins, sea lions, belugas and RIGHT: During the busiest times at a Petting Pool, even orcas (killer whales). seemingly hundreds of Although we have deep concerns people can almost entirely about the growing number of surround a dolphin pool. Photo: WDCS Petting Pools in a number of countries, this report focuses on not until the 1990s that human-dolphin three (originally four) dolphin Petting Pools interaction programs became popular at US at Sea World Parks in the US which illustrate public display facilities and, accordingly, the problems of such human-dolphin specific provisions were agreed in respect interaction. These facilities, in Florida, to ‘swim-with-the-dolphin’ (SWTD) programs California and Texas (and, originally, in in 1998, including vital provisions relating Ohio), market an opportunity for the public to refuge areas, staff training, maximum to touch and feed ‘fun-loving’ and ‘playful’ interaction times and provisions for addressing bottlenose dolphins. To help the public attract the attention of the dolphins, fish is Even in ‘refuge areas’, unsatisfactory, undesirable or unsafe behavior4. underwater viewing walls ensure sold periodically from a booth near the that the dolphins are never far Remarkably, however, these SWTD pool. Present around the pools are from the sight or sounds of uniformed Sea World employees, including visitors. Photo: WDCS Regulations specifically excluded the animals that, in our opinion, are most in need of animal care staff and members of the protection, and the programs most in need Education Department who give of statutory oversight - Petting Pools. presentations to visitors over the pools’ Furthermore, following protests by public address (PA) system. representatives of the US captivity industry who claimed they were caught unawares by WDCS and The HSUS have been studying the SWTD Regulations’ intended application Sea World’s dolphin Petting Pools since to their ‘shallow water interactive programs’, 1996; making more than 30 unannounced ABOVE AND BELOW: Begging the SWTD Regulations were suspended in day-long visits over this period to observe for attention at a typical Petting April 1999. This has left all US public display and record the conditions of the animals Pool interaction.