Captivity Report

By William Rossiter

MEXICO: The Seven Surviving La Paz Dolphins: Martyrs to Mexican Captivity?

The seven surviving dolphins at the FINS facility at the beach near La Concha hotel, La Paz, Mexico, now are trapped in a legal battle. One or more are expected to die before justice prevails.

As we reported in April, an international outcry against the mistreatment of these dolphins was fueled by a horrific video showing the inhumane transport of the initial eight dolphins into the beach pen. The death of Luna two months later nearly caused a tourist boycott of La Paz. She died from ulcerations of her stomach, caused by the stress of the capture and captivity. Others appeared sick or were not responding, particularly Quinta. The owner, Javier Enriquez, a retired doctor and U.S. citizen, apparently has fled to his U.S. home while selling his FINS share to Javier Aedo, the FINS trainer shown abusing dolphins in the video.

Aedo's motivation for the continuing legal battle may be to sell the dolphins at great profit, perhaps even internationally. Aedo may intend to use "his" dolphins to seek a more secure future at a less controversial Mexican facility, perhaps by offering a package deal. Known as aggressive, Aedo's legal delays instead may condemn the dolphins to a slow death in the summer's heat. Aedo will probably sue Mexico for his loss if his dolphins die.

For a while there was such hope! A wave of international outrage supported Mexican organizations Conservation of Marine Mammals of Mexico, the Group of 100, and others. Despite convoluted politics the government responded. After several false starts the environmental agency SEMARNAT, and the environmental enforcement agency PROFEPA, were attempting to transfer responsibility for the seven dolphins to Dr. Yolanda Alaniz, President of the Conservación de Mamíferos Marinos de Mexico AC. Her "Project Luna", in honor of the dead Luna, included Ric O'Barry of the Dolphin Project and was supported in part by the World Society for the Protection of Animals (WSPA).

A rehabilitation site at much colder Magdalena Bay was being prepared, where the dolphins were captured over several attempts many weeks before being trucked to La Paz. Project Luna was making final arrangements to have the dolphins brought from La Paz by helicopter, courtesy of the Mexican Army. But first they had to be given responsibility for the dolphins.

After inspections and an investigation PROFEPA had previously ruled that the dolphins were to be confiscated. With nowhere to go at that time the dolphins stayed at FINS, but were not to be used to sell tickets, moved or sold. PROFEPA also ruled that the FINS facility would have to be dismantled, and the owners would have to pay fines. But FINS then declared itself near bankruptcy, supposedly unable to even care for the dolphins. PROFEPA unofficially allowed FINS to continue to sell tickets, ostensibly to keep the dolphins alive. Negotiations failed between FINS and SEMARNAT, intended to stop legal claims in exchange for excusing fines.

Admitting that Mexican laws were inadequate, SEMARNAT on 8 June published NOM-EM-135-SEMARNATI-2001, an emergency federal norm relating to the capture, transport, and handling of marine mammals in captivity. Until final rules are completed, supposedly in six months, no dolphins may be captured in Mexican waters, traveling shows are banned, and all facilities must have veterinary care and specific maintenance and water conditions. However, against their promise to work with Alaniz, SEMARNAT is working with representatives of the U. S. industry.

Now Project Luna is on hold, the dolphins languish in the heat, and FINS is fighting everything with legal delays. For some weeks in May and June the legal situation was very confusing. Arguing that they had all necessary permits, FINS received an administrative ruling from a local judge that was misunderstood as a complete defeat by everyone concerned with FINS, even the Secretary of Ecology Victor Lichtinger. During that critical hesitation FINS filed for and received an injunction against PROFEPA's Accusation, stopping the confiscation process.

By mid-June FINS had responded to the official Accusation. PROFEPA has until September to respond. Although PROFEPA says they will respond very quickly, and everyone seems to be aware that the dolphins are not expected to survive the summer's heat in the shallow pens, FINS seems determined to stretch the legal process as much a possible. FINS may also file for a Nullifying dismissal of all charges with a local court, or a second injunction.

There are other complications, carefully manipulated by FINS' obviously well connected friends. While La Paz residents rely upon foreign tourists, foreign pressure is rejected, particularly by the Baja California Sur Governor Leonel Cota Montana. Foreigners were blamed for the loss of jobs when the Mitsubishi salt plant was stopped. Any tourist boycott on behalf of mere dolphins was and is seen as an assault on Mexico. What outsiders see as inhumane behavior often is accepted in Mexico. La Paz residents just don't understand the fuss, and nationalistic pride has obscured much of the issue.

CSI congratulates the Toronto Star newspaper, which has been the primary international media and public resource. Their web-available stories have been accurate, and nearly as rapid as the anti-FINS advocates working on the issue. At this writing the U.S. investigative program "20-20" has just finished filming FINS, and interviewing from Magdalena Bay to Mexico City, accompanied by captivity expert and HSUS consultant Dr. Toni Frohoff. Other TV shows are planning visits.

While the Mexican courts deliberate and the dolphins near death, CSI knows that a considerable effort is underway in Mexico to save the dolphins. We know that international pressure at this time will not help the very unstable situation or the dolphins. Watch CSI's web page for an action alert once the situation is clear. If all else fails Mexico's visionary President Vincente Fox may be the last hope for the dolphins. President Fox clearly has concerns about corruption, and anything else that detracts from Mexico's image. It's just not quite time to ask for his help.

For the larger picture of Mexico's captivity industry, see the report on CSI's web site, Dolphinaria in Mexico - A Critical Report.

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GUATEMALA: Two dolphins were abandoned in June in a small tank in the mountains of Guatemala, without survivable water conditions or food, by the father and son owners of "Diver Land", on Margarita Island, Venezuela. Ruben and Ricardo Roca are now being sought on charges of breaking several laws of Guatemala. The dolphins were being trained for a dolphin-assisted-therapy (DAT) program at "Diver Land". The facility also supports "Water Land" (Mundo Marino), the infamous traveling dolphin show that just quit Quito, Ecuador, again one step ahead of the authorities.

The year old tank, a plastic lined hole dug in the ground, had no proper filtration system, and relied on town water, salt, and chlorine. The Guatemalan organization MadreSelva tried in January to get the National Council of Protected Areas (CONAP) to react to the dolphins' life-threatening living conditions. Two of the initial four dolphins were hurriedly spirited away in February by the owners, one step ahead of authorities seeking proper documentation for the dolphins.

The abandoned dolphins, Turbo and Ariel, were reportedly captured on Guatemala's coast last August. When veterinary care arrived they had been without food for five days. CONAP confiscated the dolphins to the care of MadreSelva and the World Society for the Protection of Animals (WSPA), which have supplied fresh water, veterinary care and food.

Owner Roca sent undercover representatives to recover the dolphins, and local zoos, circuses and captive dolphin facilities pleaded to get them. One, Anthony Key's Resort of Honduras was reported to be working to get the dolphins to return them to Ruben Roca. However, in late June a local judge ruled that Turbo and Ariel must be confiscated for future rehabilitation with the possibility of release. During the legal pause regarding FINS in Mexico Ric O'Barry and WSPA were preparing a rehabilitation / release project for the abandoned Turbo and Ariel.

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CANADA: A proposed Swim-with-the-Dolphins Facility announced at Montreal's Granby Zoo would be Canada's first. Marineland of Canada is a likely source for Granby's dolphins, with ten surviving belugas and six bottlenose dolphins captured in Russia. Canada seems unable to develop national captivity regulations but is pressing instead for voluntary national standards developed with the Canadian Council on Animal Care and the Canadian Association of Zoos and Aquariums.

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HONG KONG: Ocean Park announced in late June that artificially inseminated bottlenose dolphins Ada and Gina had each given birth in May. The stated goals of the 12-year-old project are to reduce captive inbreeding and preserve endangered species. While the project may result in the curtailment of the tragic captures and transports of dolphins for the captivity industry, particularly from the horrific Japanese drive fisheries that currently supply many of Asia's captive dolphins, it may also encourage increased traffic in captive dolphins.