Miami Seaquarium Plagued With Problems As BP Oil Contamination Looms- Orca Whale Lolita at Risk

July 24, 2010 - PRLog -- The National Oceanic and Atmospheric Administration (NOAA) predicts a 61- 80% chance that the oil will hit the Miami area in August, just weeks away, and there is growing concern the welfare of Miami Seaquarium’s wildlife is in jeopardy. In addition to killer whale (orca) 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. Built in the 1950’s, this marine mammal park relic uses an open water system, which feeds directly from Biscayne Bay filling its numerous performing animal tanks, including that of Lolita. In addition to the oil, the chemical dispersant used to break up the oil, which is dangerous to the health of animal life, will be included in the toxic mix approaching Miami waters. Miami Seaquarium is not prepared to deal with this pending disaster.

Andrew Hertz, General Manager of Miami Seaquarium (MSQ), a Wometco Enterprises subsidiary, 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. 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 (Plan) to provide emergency sources of water and/or arrangements for relocating marine mammals as is required by the US Department of Agriculture’s Animal & Plant Health Inspection Service’s (USDA-APHIS) Regulation 9 CFR section 3.101(b).

As this disaster looms, Andrew’s father, Arthur Hertz, Chairman of Wometco Enterprises/MSQ is negotiating with the banks to build a new $60 million Aquatic Center in Sunny Isles, FL yet claim to have insufficient funds to protect their wildlife in this pending disaster. APHIS has indicated that a Plan exists, yet spokesman David Sacks of APHIS states they do not have a copy of the Plan. Contradicting this very claim, Andrew Hertz indicates "We have been consulting with APHIS as we develop our contingency plans. Once finalized, we will send the plan to them." It is obvious that no plan exists. There have been numerous individual requests to the APHIS Freedom of Information Act office to produce the Plan and every request has gone unfulfilled. Both MSQ and APHIS are now scrambling to develop a plan, as both have neglected to abide by the regulations put in place to protect our marine life.

For many years, the MSQ has been permitted to operate in direct defiance of APHIS and Animal Welfare Act (AWA) Regulations as well as specific code violations. They have been cited for hundreds of safety, National Electrical Code (NEC), National Fire Protection Association (NFPA), and Miami- Dade County Building Official violations and as such, their historical lack of attentiveness to these violations has resulted in the deaths of numerous marine mammals. In addition to non-compliance of several APHIS/AWA Regulations, numerous NEC and NFPA code violations exist right now and are placing the lives and safety of MSQ employees, visitors and marine life at risk. These violations are well documented and have recently been submitted to the proper officials.

Our government leaders need to take immediate action to ensure the safety of the marine life at the Miami Seaquarium and require they bring ALL provisions of animal welfare, including marine mammal housing size, into compliance with current APHIS Regulations under the Animal Welfare Act as well as repair, replace and/or upgrade all safety, NEC and NFPA code violations until those items are in compliance with current standards.

If Wometco Enterprises and Miami Seaquarium find that complying with all current regulations and codes is not cost feasible, there are alternative viable solutions, whereas a comprehensive Rescue Plan would be submitted to provide a safe retirement and relocation of all marine animals presently housed at MSQ. The cost of such a plan and its implementation would be privately funded, therefore, the monies requested by MSQ could be diverted to alternate sources, where the desperate need exists, rather than aimed at protecting corporate profit. Implementation of the Rescue Plan could begin immediately.

In the very least, short term preparations need to be implemented should the evacuation of Lolita become necessary and the non-existent Plan fails to provide adequate safety. In a recent interview with the Puget Sound Marine Life Examiner, Howard Garrett of Orca Network expressed the need for immediate actions; "I'd like to see something announced this week, either by APHIS or the SQ. It would be highly irresponsible to wait until the oil is lapping on the side of the park. There's a lot of logistics to get into motion to get the bay pen prepared, the transport arranged, the personnel lined up, and to get her accustomed to going into a sling, give her physical exams, etc. The dispersant penetrates the skin and the oil kills rapidly. Letting her be hit by oil would be corporate negligence, like the BP gusher itself."

Opponents of captivity for marine mammals have called for Lolita’s retirement and release from her pool at MSQ for years. Captured on August 8, 1970, from Penn Cove, Washington state and sent down to Florida to perform tricks for tourists, Lolita has resided in what is the smallest and oldest orca tank in the United States. The tank is merely one-and-a-half-times her size, has garnered numerous safety violations, and does not meet USDA/APHIS Regulations. Caring people have been trying to help Lolita for decades - writing letters, protesting, raising awareness - but Lolita's captors are indifferent and uncaring, and they hide behind loopholes in the laws designed to protect our rare and valuable wild animals. Lolita, who is affectionately known as “Toki” (short for her true name, Tokitae – which means ‘shimmering water’ in Chinook), was captured right before implementation of the Marine Mammal Protection Act which now protects the rest of her family as endangered species. Lolita’s family, including her mother, now believed to be 82 years old, still swim freely in the open waters where Lolita was captured. Because she was caught 'pre-act', the powers-that-be excluded her from the status of endangered. It’s time to return Lolita home, where her family awaits.

There are many wonderful people and organizations willing to work with the Miami Seaquarium, the Unified Commands’ Response efforts, local, state and federal officials and are ready, willing and waiting to move forward with a rehabilitation, retirement and relocation plan for ALL their marine animals. Please visit http://www.orcanetwork.org/news/oilhitslolita.html for updates and the latest developments on this pending crisis.

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Orca Network: "Connecting whales and people in the Pacific Northwest"
Orca Network is a 501 (c) (3) non-profit organization registered in Washington State, dedicated to raising awareness about the whales of the Pacific Northwest, and the importance of providing them healthy and safe habitats. A community is emerging that is increasingly attuned to the orca population, that cares about and tries to understand the needs of the resident and transient orcas that inhabit the Salish Sea.

Visit us at: http://www.orcanetwork.org/index.html