seaworld's emergency application to transport tilikum

Mr. Brad F. Andrews Vice President Zoological Operations Sea World, Inc. 7007 Sea World Drive Orlando, Florida 32821-8097

Dear Mr. Andrews:

JAN

UNITEO STATES DEPARTMENT OF COMMERCE National Oceanic and Atmoapher-ic Adminiatr-etion """ .... ~_ ....... = .... ' .. ~ .. " ~'-~ 1APINE FlS~EP!ES SC::; ./ICE

S . e,...., Scr 'IQ. Mary:anc 20910

Thank you for your letter requesting authorization to import and temporarily house an adult male killer whale (Orcinus orca) presently being held at Sealand of the Pacific Ltd. in Victoria, British Columbia, Canada. We are also in receipt of a supporting statement from the Government of Canada and a copy of a supporting request from Sealand of the Pacific Ltd. for placement of the animal at your facility since it cannot be adequately cared for in Canada.

It is our understanding that, based on medical tests of the killer whales held at Sealand of the Pacific Ltd. in anticipation of Sea World's permit application, both Sealand and and Sea World had at least two months advance knowledge of the imminent birth of at least one, and possibly two, killer whales calves. Sealand is responsible for these animals and should have taken steps to ensure that arrangements were made to hold the adult male killer whale, "Tillikum," at or nearby the Sealand facility or at another facility in Canada following such births. Sea World presumably has a significant interest in the well-being of these animals as well, and in the capacity of advising Sealand on their care, should have taken such steps even if Sealand had elected not to do so. such temporary holding arrangements, whether they involved construction of temporary pens or other enclosures, should have been possible, at least for the few months necessary to consider and decide upon the permit application pending from Sea World for the import of these killer whales for public display. In this manner, the present need for an emergency import authorization could have been prevented. However, such reasonable and prudent precautionary steps necessary for the health and welfare of Tillikum were not taken by Sealand or Sea World.

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Under these circumstances, NMFS arranged independent verification of the facts and circumstances outlined in your request. We appreciate your and Sealand's cooperation in this regard. As a result of this verification, NMFS has concluded that the best interests of all the killer whales concerned, particularly that of Tillikum, the newborn calf, and the calf expected to be born in the next few months, including present and anticipated future medical treatment otherwise unavailable in Canada, would be best served if an emergency authorization is granted for Tillikum's importation.

Enclosed are two signed originals of Cooperative Agreement No. 1Q issued pursuant to 16 u.s.c. 1379(h) and 16 u.s.c. 1382(c) between the National Marine Fisheries Service and Sea World, Inc •. Please sign both originals of the Agreement and return one to the Assistant Administrator for Fisheries, National Marine Fisheries Service, u.s. Department of Commerce, 1335 East-West Highway, SSMC1, Room 7324, Silver Spring, Maryland 20910. The u.s. Department of Agriculture's regulations and standards, "Specifications for the Humane Handling, Care, Treatment, and Transportation of Marine Mammals," have been incorporated as conditions of this Agreement. When Tillikum is received at your Sea World of Florida facility, please update your inventory by completing and returning the enclosed inventory form.

This agreement authorizes Sea World, Inc. to import one male killer whale, "Tillikum," for the purpose of providing medical treatment and care that is otherwise unavailable in Canada at this time. This authorization is effective until such time as a permit is issued in response to the application by Sea World, Inc. for the import of Tillikum for public display. Please note special condition 2 of the agreement. If a public display permit involving this animal is denied, under the terms of this agreement Sea World, Inc., is assuming the responsibility, including any associated costs, for the return of Tillikum to Canada and placement at a suitable facility to be identified by NMFS and the Canadian government or, if no Canadian facility is available, for the return and release of Tillikum at the original location of capture. Additionally, special condition 3 of the agreement requires that, until a public display permit is issued, Tillikum may not be placed on public display. Special condition 4 makes clear that this agreement may be revoked at any time at the discretion of NMFS.

If similar circumstances should arise in the future, while the health and welfare of marine mammals will continue to be of paramount concern to NMFS, lack of action necessary to ensure marine mammal health and welfare in the face of available

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information will not constitute sufficient grounds for issuance of an emergency import authorization. If you have any questions concerning the enclosed Agreement or its reporting requirement, please contact the Permits Division, Office of Protected Resources (301/713-2289).

Sincerely,

i:~ Director Office of Protected Resources

Enclosures

UNITED STATES DEPARTMENT DF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE

1335 East-West Highway

Silver Spring, MD 20910

THE DIRECTOR

COOPERATIVE AGREEMENT BETWEEN THE NATIONAL MARINE FISHERIES SERVICE

AND

SEA WORLD, INC. COOPERATIVE AGREEMENT NO. 1Q

This Agreement is entered into under the authority of Sections 109(h) and 112(c) of the Marine Mammal Protection Act of 1972 (16 u.s.c. 1379(h) and 16 u.s.c. 1382(c)) (MMPA) by and between the National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, U.S. Department of Commerce and Sea World, Inc. (Sea World).

NMFS and Sea World have entered into this agreement for the purpose of importing one (1) adult male killer whale (Orcinus orca), "Tillikum," heretofore in the custody of Sealand of the Pacific Ltd. in Victoria, British Columbia, Canada to render medical treatment and care necessary to ensure the animal's wellbeing.

It is hereby agreed that the whale referred to herein will be placed under the care and custody of Sea World at the Sea World of Florida facility in Orlando, Florida, until a public display permit is issued applicable to this animal or, if such a permit is denied, until other disposition is arranged in accordance with special condition 2 below. Sea World agrees to comply with the u.s. Department of Agriculture's regulations and standards for marine mammal transport and captive maintenance, the special condtions listed below, and the attached conditions, which are expressly made a part of this Agreement.

Special conditions:

1. Before the adult male killer whale referenced above, "Tillikum," is imported, a certification from an independent veterinarian (not affiliated with Sea World or Sealand of the Pacific, Ltd.) must be submitted to NMFS stating: that the protocol for the transport and acclimation of Tillicum to the Sea World of Florida facility in Orlando, Florida is acceptable (particularly change in temperature considerations), and that Tillikum is in sufficiently stable condition to be transported.

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2

2. If a permit is not issued for the importation of this killer whale, NMFS, after consultation with Canadian governmental officials, may require that Sea World return Tillikum to Canada to a facility identified by NMFS and the Canadian government or, if no Canadian facility is available, return and release Tillikum at the original location of capture. This condition may be invoked solely at the discretion of NMFS, and, if so invoked, Sea World agrees to pay all costs associated with such alternatives. In this regard, authorization for export will not be granted until protocols for transport and/or release have been reviewed and approved by NMFS in consultation with the Marine Mammal Commission and the Department of Agriculture, Animal and Plant Health Inspection Service.

3. The killer whale imported under the authority of this agreement may not be placed on public display until such time as a public display permit is issued applicable to this animal.

4. This agreement may be revoked, and the provisions of special condition 2 invoked, at any time at the discretion of NMFS. Continued temporary holding by Sea World of Tillikum is solely subject to NMFS discretion.

5. This agreement shall terminate upon issuance of a public display permit to Sea World applicable to the killer whale imported under the authority this agreement, unless terminated sooner in accordance with special conditions 2 or 4 above.

The terms of this Agreement will become effective upon signature of Sea World.

u.s. Department of Commerce National Oceanic and

Atmospheric Administration 1335 East-West Highway Silver Spring, Maryland 20910

Date: -----=-/_+-,/---!cf~,.,L-/_7'_2 ___ _

Sea World, Inc. 7007 Sea World Drive Orlando, Florida 32821-8097

By= __ ;a_,..._,.__cL_-t____;a"""---t-~..;:;_;;...,;;.;;..._.v-.:;._/_ Brad Andrews Vice President Zoological Operations

Date: 1/f/t;z. ~I

GENERAL CONDITIONS--AGREEMENTS LIVE/CAPTIVE MARINE MAMMALS

1. METHODS OF CARE, MAINTENANCE, AND TRANSPORTATION

The required methods of care, maintenance, and transportation are those established by the Department of Agriculture's regulations and standards-Marine Mammals; Humane Handling, Care, Treatment, and Transportation.

2. SALE OF DISPOSITION OF MARINE MAMMALS

The Holder of this Agreement shall not transfer the care and custody or otherwise dispose of any marine mammal except with the approval of, and subject to such terms and conditions as the Assistant Administrator for Fisheries may prescribe.

3. REQUIREMENTS WITH REGARD TO RECORDS, REPORTS AND INSPECTIONS

a. Records.

The Holder shall maintain sufficient written records regarding all marine mammals to allow for adequate identification of individual animals. Such records shall include, but are not limited to species, physical description of the animal, date and method of acquisition, capture location or facility from which the animal was acquired, and identifying characteristics either natural or artificially produced.

b. Reports.

i. In the event of mortality of any marine mammal, the Holder shall provide a report within 30 days of the death, including autopsy and clinical history, in a form consistent with accepted veterinary medical practices, and a copy of the records required in Section 3a.

ii. Within 90 days of the execution of this Agreement, and by December 31 of each year, the Holder shall submit a report on the health and condition of all marine mammals that have been under the care and custody of the Holder since the date of the Agreement. These reports shall include: information on the identification of the animals, the species, sex, age, location of acquisition, documents under which the animals were held, and current status. This information may be submitted in the format of the attached inventory form.

iii. The Holder shall submit such other reports as the Assistant Administrator for Fisheries may hereinafter require.

c. Inspection.

The Holder shall permit any employee(s) of the National Marine Fisheries Service, or any other person(s) designated by the Assistant Administrator, to inspect records and facilities insofar as such records and facilities pertain to activities conducted in accordance with the Agreement, or pertain to the Assistant Administrator's responsibilities under the Act.

4. OTHER PROVISIONS

a. The Holder may be authorized to conduct scientific research on any marine mammal held under this Agreement provided such scientific research is approved in advance by the Assistant Administrator.

b. The provisions of this Agreement may be amended in writing upon reasonable notice by the Assistant Administrator.

c. A violation of any of the terms and conditions of this Agreement shall subject the Holder of this Agreement, any person or agent operating under the authority of the Agreement, or both, to penalties, enforcement procedures, and other limitations provided in the Marine Mammal Protection Act of 1972, as amended.

MEMORANDUM FOR:

FROM:

SUBJECT:

CHRONOLOGY

December 27, 1991

December 30, 1991

December 31, 1991

UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atrnoapheric Adrniniatration NATIONAL MARINE FISHERIES SERVICE Silver Spring, Maryland 20910

F - William w. Fox, Jr.

F /PR - Nancy Foster ·~j~ Recommendation to Grant an Emergency Authorization to Import a Killer Whale for Medical Treatment Otherwise Unavailable; Importation from Sealand of the Pacific, Ltd. in Victoria, British Columbia, Canada to Sea World of Florida in Orlando, Florida

Sea World Inc. officials (SW) request a meeting to deliver SW's response to NMFS request for additional information (i.g., concerning SW's permit applications) and to discuss options for addressing Sealand situation in consideration of the birth of a killer whale calf on December 24, 1991.

Meeting with SW - SW verbal request for emergency import request submitted. NMFS raises numerous questions, including proposing and discussing numerous alternatives. The applicability of Section 109(h) of the MMPA is discussed. Conference call with on-site SW officials at the Sealand of the Pacific, Ltd. facility in Victoria, British Columbia, Canada. Follow-up meeting is scheduled for the next day to view SW videotape and to hear SW response to questions and SW objections to proposed alternatives. NMFS contacts canada DFO to discuss SW request.

Meeting with SW - SW videotape of Tillikumjmedical pool viewed. NMFS requests that sw submit a complete written request addressing all questions and all reasonable alternatives, with supporting statements/requests from Sealand, other Canadian facilities capable of killer whale relocation, and Canadian government. NMFS notes Sealand's and SW's advance knowledge of the pregnant condition of two of the killer whales and questions SW as to why adequate preparations were not made by Sealand or SW

January 2, 1992

January 3, 1992

January 6, 1992

January 7, 1992

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to hold Tillikum temporarily in an alternative enclosure/facility in Canada pending other arrangements and/or issuance of an import permit to sw. NMFS suggests that SW addressfexplain this inaction in their written request for an emergency authorization to import Tillikum.

SW informs NMFS that the gate between medical and main enclosures was opened the evening of December 31, 1991; that no change occurs in the situation, particularly regarding the imminent jeopardy to the health and wellbeing of the adult male; and states their intent to submit a thorough written request on Friday, January 3, 1992. NMFS discusses situation with Canada DFO. Expressions of concern received from a number of animal protection organizations regarding situation and circumstances; and reservations and opposition expressed as to whether a "rumored" emergency import authorization should be granted. In calls with HSUS and Sea Shepherd, NMFS confirms and discusses verbal request and SW intent to submit written request.

Certain animal protection organizations express opposition to an emergency import authorization requested by SW. HSUS requests delay to consider alternatives and allow for independent/objective verification of circumstances and examination of animals. Sea Shepherd states intent to consider legal action to prevent emergency import authorization. sw submits written request and supporting statements from Sealand and other Canadian facilities at 4:30PM along with ten minute videotape of the Sealand facility. Canada DFO supporting letter received by FAX at 7PM.

sw confirms no change to status of adult male killer whale. NMFS consultation with Marine Mammal Commission and APHIS; and decision to send NMFS and MMC representatives to Sealand to observe, verify, and report back.

Basic situation of immediate concern regarding the health and well-being of the adult male is confirmed by NMFS and MMC observers.

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SUMMARY OF REQUEST

Sea World, Inc., has requested that NMFS grant an emergency authorization under 109(h) (2) of the MMPA to import "Tillikum," an adult male killer whale from Sealand of the Pacific, Ltd. in Victoria, British Columbia, Canada to Sea World of Florida, Orlando, Florida. Incorporated as supporting attachments to the request are letters from Sealand of the Pacific (sent to Moshenko/DFO), Vancouver Aquarium, and Marineland of Canada in Niagara Falls, Ontario; a copy of an APHIS inspection report for the SW/Orlando facility dated January 4, 1992, and 3 copies of a videotape of the Sealand facility and "medical module" in which Tillikum is confined.

The circumstances of the emergency as stated in the Sea World request and in discussions with Sea World officials are that there are three adult killer whales being held at Sealand of the Pacific in British Columbia, one male, "Tillikum," and two females. One of the females, "Haida," gave birth to a calf (unknown sex) Christmas eve. The other female, "Nootka," is pregnant and believed due sometime in the next few months (showing signs of lactation at present). Since Christmas eve Tillikum (about 20 feet in length) has been confined in a small "medical" pool, 23ft X 31ft and no more than 12 feet deep. Although the gate between the med pool and the main pool (approximately 75ft X 100 ft) has been open since New Year's eve, 12/31/91, Tillikum has only made brief forays out (no more than a few seconds each) and immediately returned. Observers, for Sea WorldfSealand and representing NFMS and the MMC, have noted that the females, particularly Nootka, appear to be "encouraging" him to stay in the med pool ("chasing" him back in whenever he appears to be edging out into the main pool. All concerned appear to agree that continuous voluntary/involuntary holding of Tillikum in the "med" pool seriously jeopardizes his health (pulmonary problems being of most serious concern, in the absence of normal exercise and swimming/diving behavior; most recently, skin lesions and the potential for infection are of increasing concern). Sea World also maintains that there is an urgent need to maintain a separation between the male and the femalejcalf pair(s), that the presence of a mature breeding male in the same pool with the females and calve(s) is a serious risk to the health and welfare of the calve(s).

(See letters and attachments from Sea World dated January 3 and January 6, 1992; and letter and attachment from Robert Moshenko, Department of Fisheries and Oceans, Canada dated January 3, 1992)

I

MAJOR SSUES

Is the health and well-being of killer whales being held at the Sealan of the Pacific facility in jeopardy requiring immediate action.

4

NMFS has independently observed and verified Sea World's assertions that Tillikum is being essentially confined on a continuous basis in the small "medical" enclosure. Expert opinion and advice, including that relied upon in the Canadian government's supporting letter, are that such confinement involves serious risk to the health and well-being of Tillikum. Under these circumstances, adequate medical treatment is unavailable at the Sealand facility. Alternative arrangements for alterations to the Sealand facility, relocation to another Canadian facility, or construction of a temporary enclosure elsewhere in Canada have been considered and rejected by SealandfSea World because of logistical difficulties or that the length of time required to accomplish them would involve an unacceptable level of increased jeopardy to Tillikum. Essentially, Tillikum must have access to a larger enclosure for the exercise and allowance for normal behavior (swimming and diving) necessary to maintain his health and well-being.

Upon learning more than two months ago that one or both female killer whales were pregnant, Sealand, and, if not Sealand, Sea World should have made the alternative temporary arrangements necessary to hold Tillikum in adequate facilities following the birth of one or both killer whale calves. However, Sealand and Sea World did not take these necessary precautions to protect the health and well-being of Tillikum. This inaction has precipitated the urgency of the circumstances presented in Sea World's request for an emergency authorization. (This inaction is referenced in the proposed transmittal letter, second and closing paragraphs.)

The necessity to take action in the interest of Tillikum's continued health and well-being was verified independently today by Dr. Marilyn Dahlheim of NMFS's Marine Mammal Laboratory and Dr. Murray Johnson who conducted observations on behalf of NMFS and the Marine Mammal Commission. This confirmation of urgency is also based on Dr. Dahlheim's and Dr. Johnson's review of observation records being kept by Sea World and Sealand. Robert Moshenko, DFO, is also on-site at the Sealand facility and corroborates the observations of Dr. Dahlheim and Dr. Johnson

compounding this assessment of the urgency of the situation, Sea World has noted that, if NMFS authorizes the emergency import, it will then take some time to arrange logistics (747 or DC-10 type jet transport, etc.) for the transport.

The legal issues regarding the applicability/interpretation of Sections 109(h) and 112(c) of the MMPA to these circumstances are addressed in a separate memorandum prepared by GCF (attached).

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PUBLIC COMMENTS

During the last week, several animal protection/humane organizations have expressed opposition or concerns regarding Sea World's request (see attached letters/FAX's from The Fund for Animals, Sea Shepherd, and Lifeforce). These and other individuals representing animal protection/humane organizations, by FAX (attached) and in phone conversations, have raised a number of issues and expressed various concerns regarding the proposed emergency import, including:

the credibility of the information submitted by Sea World (The circumstances and urgency have been confirmed by independent observers),

the validity of the concerns and urgency as expressed by Sea World (essentially confirmed by independent observers),

encouraging consideration and implementation of some alternative short of import to address the situation (although the pursuit of an alternative short of import has been repeatedly and strongly urged by NMFS as well, it appears that other alternatives are indeed, at this point, not available or are not worth the additional risk to the animal which may result from the time required to implement such alternatives),

urging the immediate release of the animal to the wild (Tillikum was captured in Icelandic waters. The time required to prepare an adequate release protocol and make logistical arrangements for the return and release of Tillikum in Icelandic waters would involve an unacceptable increased risk to Tillikum's continued health and well-being pending such arrangements.)

questioning Sea World's motives in consideration of their inaction during the previous few months despite advanced knowledge of the imminent birth of one and possibly two calves, and expressing concern as to the precedent that may be set and potential future abuse thereof if NMFS grants an emergency import authorization under these circumstances (See proposed transmittal letter, second and closing paragraphs. Additionally, this decision fundamentally concerns the health and well-being of the killer whales presently held at Sealand and whether an emergency importation of Tillikum is essential for medical treatment otherwise unavailable at this time in Canada and essential to the health and well-being of the females and calf(ves). While Sea World's conduct in the last few months and serious precedential concerns are important and should be considered, these considerations are not controlling relative to the immediate health and welfare requirements of

6

the Sealand killer whales, particularly Tillikum.)

The Canadian government, represented by Robert Moshenko, CITES Management Authority, Department of Fisheries and Oceans, submitted a supporting letter dated January 3, 1992 (received by FAX at 7:00PM on January 3, 1992). This letter, stated in the form of technical advice, references a letter from Joseph R. Geraci, VMD, Ph.D, " ... a qualified marine mammals veterinarian who the Department of Fisheries and Oceans frequently relies upon as a consultant ..• " who states that: "The enclosure is far too small for the animal to swim around or exercise as it should. One can expect a whale under such circumstances to exhibit aberrant behavior that can lead to altered feeding patterns, aggression, and other signs of stress that will eventually affect the animal's health. I believe the animal is at risk under the present circumstances. Were I responsible for its health, I would move hastily to relocate the whale to a more suitable facility." (quoted from Dr. Geraci's letter to Mr. Moshenko dated January 3, 1992). Mr. Moshenko goes on to state that no other Canadian facilities are available to "accommodate, even on a temporary basis, the male killer whale at Sealand."

RECOMMENDATION

We have determined that this request, supporting letters, accompanying documentation, and observations by NMFS and MMC representatives establish the urgent nature of the circumstances meriting authorization of the import of Tillikum for the purpose of medical treatment otherwise unavailable as provided for under Section 109(h) of the MMPA.

The Canadian government has recommended approval of the emergency import authorization as being necessary for the continued health and well-being of this adult male killer whale. NMFS determined that confirmation of the Sealand circumstances and observation of the killer whales were important in assessing the merit of various allegations and assertions. Observers representing NMFS and the MMC have confirmed the circumstances and urgency asserted in sea World's request. Qualified members of Sea World's staff will be present to supervise the collection and transport of Tillikum. The killer whale will then be imported from Canada after a CITES permit is issued for their exportation.

NMFS has consulted at some length with the MMC regarding these circumstances. The MMC has expressed their support for granting the emergency import authorization.

Therefore, I recommend that this emergency import authorization be granted for the import of Tillikum by Sea World for the purpose of medical treatment otherwise unavailable, subject to both the special and general conditions included in the proposed cooperative agreement (attached).

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REQUEST FOR YOUR CONCURRENCE

Because of the substantial controversy associated with killer whales in captivity and, particularly, the controversy associated with this request by Sea World to import Tillikum on an emergency basis, I respectfully request your concurrence with the attached

~~-~~-------------I ~ I do not concur I wish to discuss

Attachments

HAND DELIVER

February 19, 1992

Dr. Nancy Foster Director. Office of Protected Resources

and Habitat Programs National Marine Fisheries Service 1335 East-Hest Highway, Room 8268 Silver Spring. Maryland 20910

RE: Marine Mammal Collection/Inventory Report

Dear Dr. Foster:

Two copies of the attached serve as an update to our inventory reports.

Sincerely,

(lu~ O.l LU ft-J~ Barbara D. Heffern~~; Director, National Affairs 1776 I Street, N.H. #200 Washington. D.C. 20006

Attachment: Marine Mammal Collection/Inventory Reports SHF-Oo-9201 NMFS Inventory/Transfer Report SHC-Tt-8428 NMFS Inventory/Mortality Report~SHC-Tt-8428 Sea Horld Gross Necropsy Reportf'(r, ~-l SHF-Zc-7344 NMFS Inventory/Mortality Report , SHF-Zc-7344 Sea World Gross Necropsy Report_ t

Sea World, Inc. 7007 Sea World Drive Orlando, FL 32821-8097 (407) 351-3600 FAX ( 407) 345-5397

Busch Entertainment Corporation ONE OF THE ANHEUSER BUSCH COMPANIES

OMO NO. 064K-OOK5. EXP 4/30!)1 SN: ' ASN: LEX: SP: ANREP: FNUM:

FOR NMFS USE ONLY MARINE MAMMAL COLLEcnON/INVENTORY REPORT

TYPE OF REPORT: Inventory/Transfer

NAME C. ANIWAL HOI DB: Sea Wor J d. Inc.

SfliCIES SCIIiN1'IfiC HAW£: Ore i nus ore a ---------------------------

s EST DAlE AMWALN.u&J li BJRnl AU'JlK)R TAKEN OR TAKE __...~TION )( YEAR DOCUMENT ACQUIRED TYPE

SWF-Oo-9201 M - AN lQ 1/9/92 Ex.

.

. . 4

DATE OF REPORT: 2/14/92

COMMON NAME: Ki 11 er Wha 1 e

LOCATION OF TAKE PLACE NAME AND COLLECTOR CURR DEA Til OR DISPOSITION

LA1TJ1JDE-LONGI11JDE OR SOUKCE STAT DATE EXPLANATION

•Transferred from __ N/A G-C -Sealand of the

Pacific Victoria -B.f. Canada (Subject to issuanc ~ of Public Display

Permit)

. - .

NECRP FILED NMFS -

~.Sea Wlrld January 7, 1992

Ms. Ann D. Terbush Division Chief - Permits and Documentation National Marine Fisheries Service 1335 East West Highway Room 7324 Silver Spring, MD 20910

Dear Ms. Terbush:

The purpose of this letter is to provide supplemental information regarding our request to immediately transfer Tillikum from Sealand of the Pacific to Sea World of Florida. As stated in our permit application of November 7, 1991 and in our letters of January 3 and January 6, 1992, the complications arising from the birth of a killer whale calf at Sealand require the immediate transfer of Tillikum.

In addition to the skin condition discussed in our January 6, 1992 letter, the attached memorandum from Dr. McBain to me details new developments in Tillikum's medical condition. I am also enclosing a letter from Dr. John Gayfer urging speedy removal of Tillikum from Sealand.

Tillikum's medical condition revealed in the blood tests discussed in Dr. McBain's memorandum is a precursor of a potentially more serious medical condition which could constitute a serious threat to the long-term health and survival of Tillikum. If his condition continues to deteriorate, it may preclude transportation to another facility which will only result in continuing deterioration. Continued inaction by the National Marine Fisheries Service could, therefore, result in the onset of a more serious, if not fatal, medical condition.

Sea World, Inc. 7007 Sea World Drive Orlando, FL 32821-8097 (407) 351-3600 FAX (407) 345-5397

Busch Entertainment Corporation ONE Of THE ANHEUSER·BUSCH COMPANIES

Sincerely,

~}f{~ Vice President Zoological Operations Sea World, Inc.

FROM:604 598 1361 TO: 202 223 9594 JAN ?, 1992 2:3?PM P.01

HBNORAifDUif

!l'O: Brad Andrews

FROM: Dr. Jim McBain

DATE: January 7, 1992

SUBJECT: Tilikum Updat~

This is an update on the status of Tilikum the male killer whale at Sealand of the Pacific. I have ~isually examined Tilikum and evaluated the laboratory results of.the blood sample taken on January 6, 1992. ·

Tilikum has been living virtually f~ll-time in the small medical pool since the birth of the calf on;December 24, 1991. This has resulted in a severe decrease in hi$ level of activity. I am recommending that his food intake b~ temporally decreased from his normal 200 pounds a day to 150 pounds. His appetite has been decreasing, so I recommened the decrease to minimize a possible complete shut down of food intake.The activity decline has also resulted in multiple epidermal cracks around his blowhole. These cracks bled initially, but the skin!problem seems to be controlled with the application of ointment.

Tilikum's laboratory tests are generally good with the exception of changes in his white cell differ~ntial counts. His relative neutrophil count is rising and his ~elative lymphocyte count is decreasing. This is typical of a s~ress blood picture. Tilikum is also showing an increase in serum fibrinogen levels. My assessment is that the stress blood picture is what it appears to be, it is Tilikun1's bodily response ,to the stressful situation he is experiencing. The long-term eff~cts of stress are well documented. It seems reasonable to!assume that this situation will ultimately effect his immune system resulting in a decrease in his resistance to disease, '

The elevated fibrinogen is indicative of inflammation and is most likely the result of cracking atld dtying of his skin around the blowhole. ·

In summary, Tilikum is still doing ~ell and should have no difficulty handling transport. As t have suggested there are recognizable changes in his haematology values that do not bode well for the future if we cannot move him from this facility soon.

JM/ctc

r

FRDM=604 598 1361 TO: 202 223 9594 JAN 7, 1992 2:38PM P.02

Juan.del11ra VETEr~INARY

CLINIC .

DR. JOHN BASTEFlFIEUJ DR JOHN GAYfER OF\. MAnGAI1ET CAIRNS

January 6, 1992

Mr. Robert MosJ1enko Seotion Head Fish & Marine Ma~nal Management 501 University Crescent Winnipeg, M • .B. X3T 2N6

Dear Mr. Moslwnko:

Re: Tillicum

At 1700 hours, Monday, January 6~ 1992 I inspected the mDle killer wllale, 'J'illicwn, st~tioned in the medical pool at Sea.land of the Pacific. i I have also examined blood results taken earlier today' and find t11e animal is medically fit to travel.

There are, however, emerging signs that tllO prolonged confinement of the male by the 'two female animals is llaving a harmful and stressful impact on the animal.

r am strongly. of the opinion tl1at; the speedy removal of 7'illirum is tritical to its prope.r care and llusbandz.·y. . ! Yours! truly {

I I

~ t

, ... .\ .. ..-r· ... -~~-i .. ,~,·: .:>~---·--·---....... \ ! ,I

Dr. Jo!~n Gay fer \ !~

All Creatures Great and Small

JUAN DC rUCA VI.: I L:IIIN/\IW Cl INIC 1 BIJO C SOOI<l: l:iO!It>. VICTOfliJ\, llC. VOD lW? (G04) 478·0422

·~·

.

~®OO.Wlrld Brad Andrews Vice President Zoological Operations

January 3, 1992

Anne D. Terbush Chief, Permits Division Office of Protected Resources NOAA/NMFS Silver Spring, MD 20910

Dear Ms. Terbush:

As emphasized in Sea World 1 s meeting with NMFS in late October 1991, and as specifically requested in Section IV. C. of Sea World 1 s November 7, 1991 application to import killer whales from Sealand of the Pacific ( 11Application 11

), the prompt removal of the male Tillikum from Sealand of the Pacific ( 11 Sealand 11

) is necessary for animal health reasons.

The Current Situation at Sealand

Haida gave birth to a calf on December 24. female, Nootka, is pregnant and could give birth This situation makes it imperative that Tillikum Sealand.

The second at any time. be removed from

As described in the Application, Sea World separates males from birthing females due to the disruptive impact the male has on birthing, bonding and nursing. In fact, Sea World separates breeding killer whale and bottlenose dolphin males from females with calves for approximately one year. The success Sea World has experienced in its captive breeding program is well known and is due, in large part, to undertaking these types of measures.

Our experience with captive born marine mammals, and the experiences at other facilities, confirm the wisdom of separating males from birthing females. For example, when killer whales have been born at Marineland, the male could not be separated from the nursing mother and her calves. One reason the female was unsuccessful in her nursing and bonding, and lost six calves, may have been the presence of the male. As noted in the Application, a male killer whale raked a calf during the birthing process at the Vancouver Public Aquarium. A second calf born in



'•

Ms. Terbush January 3, 1992 Page 2

Vancouver and maintained in the presence of the male failed to nurse and is now being hand fed.

Given the limited space at Sealand, the social dynamics of the existing group, and the birth of a calf, the only proper way to assure the well being of all the animals is the immediate removal of the male to another facility. The reasons for doing so are amply demonstrated not only by past experience but also by what is now occurring at Sealand.

Prior to her delivery, Haida forced Tillikum and Nootka into the small medical pool. Tillikum and Nootka remained in the medical pool for three days under the direction and supervision of veterinary staff to allow mother/calf bonding to occur without interference. After three days, Nootka, described in the Application as sub-dominant to Haida, was released from the medical pool into the main pool which stimulated a high level of maternal protective activity by Haida. However, it appears for the time being that Nootka has been accepted by Haida in the main pool.

Due to the potential harmful consequences of Tillikum being confined to the medical pool since December 24, veterinarians felt it necessary to open the doors from the medical pool to the main pool on December 31 in order to release him into the main pool. Since then, he has ventured into the main pool on seven occasions for a combined time of less than 60 seconds. Tillikum refuses to remain in the main pool, apparently due to the current dominance of the two females.

There are two options for dealing with the male at the present facility, (1) allow him to restrict himself to the medical pool as long as he wishes or (2) if a negative interaction occurs between him and the female and calf, restrict him to the medical pool for as long as necessary to ensure calf survival.

The management and health problems potentially associated with Tillikum staying in the medical pool are serious. The medical pool is 31 feet long, 23 feet wide, and 12 feet deep. Tillikum is 20 feet long. Confinement of Tillikum to the medical pool severely restricts his ability to exercise since the pool is only slightly larger than the whale itself.

Prolonged restriction of the male in the medical pool may also lead to the development of serious medical problems. Included among the potential problems are inadequate respiratory exchange and respiratory infection, muscle atrophy, and scoliosis. In addition, Tillikum could refuse food. This would complicate any problems which migl1t arise or create its own


health problems, depending on the length of time he refuses food.

The basic principle of providing excellent health care for captive animals is to prevent medical problems, not to create conditions which can easily and rapidly lead to the onset of disease.

Although it is theoretically possible that Tillikum could be confined in the small medical pool for an extended period and not suffer severe medical problems, this is an experiment Sea World would prefer not to undertake. Sea World 1 s veterinary staff has determined that Tillikum should not be confined in the medical pool.

If Tillikum enters and remains in the main pool with the calf and the two adult females, no one can accurately predict what will happen, particularly if Tillikum, who is larger than either female, decides to assert himself. Killer whale calves are dependent on their mothers and follow the mother wherever she swims. If Tillikum, a mature and sexually active male, were to approach Haida or Nootka, and if the mother, or Nootka, is attempting to rebut Tillikum, the calf might be seriously injured in the middle of the fray. Although the outcome of an interaction between Haida or Nootka and Tillikum cannot be predicted, the risk of Tillikum approaching Haida or Nootka is sufficiently high that allowing the male in the main pool is a scenario which should be avoided.

All these problems will be compounded when Nootka, who is currently pregnant and showing evidence of lactation, delivers her calf. This could occur at any time. Adding a second mother and calf to the main pool with a sexually active male increases the potential problems dramatically.

For these reasons, Sea World requests immediate authorization to import Tillikum to protect the health and welfare of all the killer whales at Sealand and to ensure proper preventive medical care for Tillikum as well as for Haida and her calf and Nootka and her potential calf. As part of that authorization, Sea World requests permission to hold Tillikum at Sea World of Florida temporarily, as described in the Application. Sea World currently maintains three adult females and one juvenile female at this facility. The permanent maintenance of this animal by Sea World will be contingent upon issuance of a permit for public display, and there will be no show training or public display of this animal pending the issuance of a permit.


The Marine Mammal Protection Act

Section 102 of the Marine Mammal Protection Act, 16 U.S.C. 1372, prohibits the taking and importation of marine mammals, except as provided for in several sections of the Act, including Section 109, 16 u.s.c. 1379. Section 109(h)(2) of the Act states:

Nothing in this title shall prevent the Secretary or a person designated under section 1382(c) of this title from importing a marine mammal into the United States if such importation is necessary to render medical treatment not otherwise available.

16 U.S.C. 1379(h)(2). The House Committee Report on the legislation adding Section 109(h)(2) to the Act indicates that the determination of the availability of medical treatment is based on the availability of such treatment in the country of export. H. Rept. 970, lOOth Cong., 2d Sess., p. 32.

Section 109(h)(l) provides that nothing in the Act shall prevent a government official or employee or a person designated under Section 112(c) from taking a marine mammal if such taking is for the protection or welfare of the mammal.

Section 109(h)(3) provides that if a marine mammal is taken or imported under the authority of the subsection, steps shall be taken to return the animal to its natural habitat if it is feasible to do so. In determining if it is feasible to return an animal to the wild, the Secretary shall consult with the attending veterinarian and curatorial staff of the institutions providing medical treatment. The Secretary must also consider the likelihood of whether the animal will successfully re-adapt to life in the wild and the possibility the animal may transmit contagious disease to animals in the wild. H. Rept. 970, lOOth Cong., 2d Sess., p. 32-33.

Section 112(c) of the Act authorizes the Secretary to:

enter into such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the purposes of this subchapter and on such terms as he deems appropriate with any Federal or State agency, public or private institution, or other person.

16 u.s.c. 1382(c).

•.


These sections clearly authorize the Secretary to enter into a Section 112(c) agreement with Sea World to bring Tillikum into the United States in order to render preventive and other medical care for the protection and welfare of Tillikum and the killer whales which will remain at Sealand. This letter, together with the supporting documentation, contains the information the Secretary requires to make the necessary findings under Section 109(h).

Alternatives to Removal of Tillikum

Prior to making the request to remove Tillikum, Sea World contacted the only other facilities in Canada which might be available to temporarily house the animal. The only Canadian facilities which have housed killer whales are the Vancouver Public Aquarium and Marineland of Canada. Officials at both facilities have stated they are unable to care for this animal. The Vancouver Public Aquarium currently has two adult killer whales and a calf at its facility. The General Curator of the Aquarium has stated his facility does not have room for Tillikum on a short or long term basis. See attached letter of January 2, 1992 to you from K. Gilbey Hewlett.

Marineland of Canada is similarly constricted in space. The facility currently houses four adult killer whales and a two and a half year old male. These animals utilize all the available space and, at this time, Marineland is anxious to move the younger male before his size creates any conflict with the other animals. Given the size restrictions, introduction of an adult male is not feasible. See attached letter of January 2, 1992 to you from John Holer.

Sealand itself has also stated its desire to have Tillikum transferred to Sea World because of the problems associated with the current situation. See the attached letter from Al Bolz, Manager, dated January 3, 1992.

These letters make it clear that there is no other facility in Canada which can provide the care for Tillikum which is necessary to alleviate the situation at Sealand.

Sea World has an agreement with Sealand for the acquisition of Sealand's killer whales, subject to NMFS' favorable action on the Application. Since Sea v1orld has an interest in the health and welfare of these animals, Sea World has independently examined the possibility of constructing another holding area adjacent to Sealand's current facility to temporarily hold Tillikum. However, the existing Sealand facility is bounded by a 522-boat marina with piers and docks which preclude expansion at Sealand.


Sea World also investigated constructing a temporary facility at another site even though such a future site does not fit within the standard of a currently available treatment facility. No suitable site was located. Furthermore, occupation of any body of water for any purpose requires permits and approvals by the Provincial, Federal and local government. The approval process generally takes a number of months with no certainty as to the outcome of the process. Riparian laws of Canada require that the owners of property bordering on a bay or body of water also give approval. Winter conditions are such that protecting a temporary facility from severe storms is unpredictable and totally impractical and would severely jeopardize the safety and welfare of the animal. Even if, in theory, permits could be obtained, placing the animal in a makeshift facility that is a totally foreign environment, with limited protection, would be potentially very hazardous to both the animal and staff. Furthermore, the movement of Tillikum, both to and from a temporary facility that lacks normal controls and conditions of a permanent facility would be extremely difficult and likely dangerous.

Sea World also explored the possibility of partitioning Sealand's main pool. This would be very difficult. The Canadian Workman's Compensation Board will not permit construction workers in the water with the whales. Therefore, the three adults and the calf would have to be confined in the 3lx23xl2 foot medical pool. This would not be a good situation.

Furthermore, Sea World's veterinarians consider the current main pool the minimum size Haida should have for successful nursing. In feeding, the calf must grab a mammary gland for a five to seven second feed as the mother swims in a straight line or turns. Restricting the existing glide pattern area could interfere with Haida's nursing which appears to be successful at this time.

Finally, releasing Tillikum into the wild is not a feasible alternative. Tillikum was collected in 1983 as a young animal from the large killer whale population off the coast of Iceland. Very little is known about the social makeup of that population. No one knows what pod Tillikum came from and therefore, which pod he should be placed with. Furthermore, Tillikum has spent nearly three-fourths of his life at Sealand. During this time he has developed a strong dependence on humans. Tillikum's long, positive experience with humans will leave him with inappropriate skills for survival in the wild. Another serious problem for Tillikum is his total lack of fear of nets, which comes from spending the last eight years in a net pen enclosure.


There is also the concern that an animal which has been in captivity, even for the short period necessary for rehabilitation of a beached animal, may be exposed to human and terrestrial animal diseases. These diseases, if inapparent or subclinical, may reside undetected in a marine mammal when it goes back to sea. The disease, though subclinical in the initial aberrant host, may increase in virulence through a well documented process called "animal passage." This simply means that a disease agent in passing from one animal to another can become a more potent disease producer. This concern suggests that any animal released from captivity could have an adverse impact on its wild counterparts. This is precisely why NMFS officials have expressed serious reservations about releasing rehabilitated beached animals into the wild.

For all these reasons, Sea World requests immediate action by NMFS to approve the emergency transfer of Tillikum from Sealand to Sea World of Florida. Enclosed is a narrated videotape showing the current conditions at Sealand. ~nis tape provides additional information and is incorporated into this written request.

Very truly yours,

~d lfrrt~~fihS Brad F. Andre~ Vice President Zoological Operations Sea World, Inc.

December 30, 1991

Anne D. Terbush Chief, Permits Division Office of Protected Resources NOAA/NMFS Silver Spring, MD 20910

Dear Ms. Terbush:

We have received your letter of December 17, 1991 requesting additional information regarding Sea World's application to import killer whales from Sealand of the Pacific ("Sealand"). Since Sea World's application was filed on November 7, 1991 in a complete state and in accordance with the NMFS requirements and application instructions, we understand the supplementary information requested is to clarify certain matters for NMFS.

1. Care and maintenance of the whales prior to importation.

The animals will continue to be owned by Sealand until the import permit is granted. Responsibility for the animals prior to import rests with Sealand. However, Sealand is consulting with Sea World on appropriate care and maintenance procedures.

2. Decision regarding each animal's readiness for importation.

As described in Section IV. A. of our application, importation will be conducted in a manner prescribed by Sea World veterinary staff. The timing of the transport will be based upon the medical opinion of veterinarians that the animals are in good health and that the move will not create any risk to their health or well being. The determination regarding their health will be made by a Sea World veterinarian experienced in physical examination and interpretation of cetacean laboratory results. as described in Section VII. B. 4. of the application, the animals will be transported under the direct supervision of the Sea World professional staff referenced. A veterinarian will accompany the animals at all times during transport.


Busch Entertainment Corporation ONE OF THE ANHEUSER-BUSCH COMPANIES

Ms. Terbush December 30, 1991 Page 2

3. Condition of Haida.

As stated in Section IV. A. c., Haida appeared to be pregnant. The apparent condition was further described in correspondence from Dr. Jim McBain attached to the application as Section IV. C.

Haida gave birth to a live vigorous calf on December 24, 1991, at apprcocimately 12:45 p.m. PST. NMFS was notified of the birth within an hour of the delivery.

4. Transport method.

Sea World has been instrumental in the development of successful transport techniques for marine mammals. (Joseph, Asper and Antrim, 1991). Killer whales have been transported successfully by Sea World since 1965 and transport of this nature is not without precedent. Numerous killer whales of the size the juvenile can be expected to reach after 12 months of age have been successfully collected and transported by Sea World and others in years past.

As described in Section VII. B. 4. and 5., the killer whales will be transported in specially designed and constructed transport units. Transport will be via charter aircraft and truck in accordance with professionally accepted techniques and in compliance with all applicable regulations, standards and conditions set forth under the Marine Mammal Protection Act, the Animal Welfare Act and the Lacey Act. Transport is anticipated to take less than 12 hours, absent unusual circumstances. The transport procedures were reviewed and certified as appropriate in a letter from Dr. McBain attached to the application.

The protocol for moving cow/calf pairs will be the same as described in the application. The cow and her calf will be moved at the same time to the same destination in individual transport units sized appropriately for each animal. The transport units will be kept as close together as safe and practical throughout the transport. The animals will be transported under the direct supervision of the Sea World professional staff referenced in the application. A veterinarian will accompany the animals at all times during the move. We have attached for your consideration illustrations which depict our transport units.

Reference -- CRC Handbook of Marine Mammal Medicine: Health, Disease, and Rehabilitation: Leslie A. Dierauf, V.M.D., CRC Press Boston: 1990


5. Acclimation into Sea World collection.

The animals being transported have complete medical histories. These animals have no apparent medical condition requiring quarantine upon arrival. Sea World personnel who have examined the animals believe the animals are behaviorally normal.

The animals will be visually and physically separated from the resident Sea World killer whales in one of the breeding and research pools specified as attachments to Section VII. C. Behavioral observation and appropriate medical evaluation will guide the integration of the Sealand animals into resident groups. The Sealand animals will not be allowed to associate with the resident Sea World animals if there are any signs of disease or incompatible behavior.

After the veterinary and training staff have concluded the Sealand animals are ready to associate with the resident animals, the animals will be allowed to enter the main pool. Should any conflict develop other than the expected behavior associated with establishing relative dominance within the group, Sea World 1 s resident animals will be called to separate areas using the acoustic signals which the animals have been trained to follow.

6. Sea World•s Employee Training and Safety Program.

In 1987, Sea World commenced a detailed review of its employee training and safety procedures. Thereafter, Sea World implemented an enhanced employee training and safety program. Since implementing this program, there have been no accidents involving killer whales at Sea World facilities.

Although we are generally familiar with the circumstances surrounding the accidental death of a trainer in the killer whale pool at Sealand on February 20, 1991, we do not have any of Sealand•s records or reports on this matter. Sea World urges NMFS to request whatever documents NMFS believes necessary for NMFS 1 information from the appropriate authorities of Sealand and the Government of Canada. However, we believe the accident was unique to Sealand and was due to the unfortunate combination of a poor pool design which prohibited exit from the water, inadequate emergency life saving procedures and interference by whales unaccustomed to the presence of people in the water.

Sea World understands the historical interest regarding the incident at Sealand, but Sea World believes its present employee training and safety program should be judged on its merits and by comparison to current industry standards, particularly since the situation at Sealand is so different from that which exists at


Sea World. For example, Sea World's animals are all highly trained and are accustomed to interacting with trainers and veterinary staff. Sealand's animals are essentially untrained and will be managed initially by Sea World as untrained animals. Furthermore, Sea World's facilities are structurally different from Sealand's facility in significant respects.

At Sea World, safety for both employees and killer whales is paramount in all our work.

Please let us know if we can be of further assistance in expediting your processing of this application.

Very truly yours,

tOI'Cld Cfrdw,v"). .Brad F. Andrews r s4-Vice President Zoological Operations Sea \vor ld, Inc.

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January 6, 1992

Ms. Ann D. Terbush Chief, Permits Division Office of Protected Resources National Marine Fisheries Services Silver Spring, Maryland 20910

Dear Ms. Terbush:

Brad Andrews Vice President Zoological Operations

This serves as an update to our letter of January 3, 1992. The skin around Tillikum•s blowhole and back, extending to the anterior edge of his dorsal fin, has become dry and cracked. This condition has resulted from his lack of swimming activity in the medical pool. When he does swim out of the medical pool, it is only for a brief few seconds before one or both of the females chase him back into the medical pool. The skin problems resulting from his lack of activity are tangible indicators that his current housing situation is unacceptable.

The condition is currently being controlled by the application of protective ointment to the dry and cracked skin as well as having an animal care staff member wet his back with sea water every 15 minutes, 24 hours a day. He can only hope that the only problems being caused by his inactivity are those affecting his skin.

As stated in our letter of January 3rd to you and in the attachment of our letter dated January 3rd from Mr. Al Bolz, General Manager of Sealand of the Pacific, no option for the temporary holding of Tillikum exists at Sealand. This includes the two pinniped pools. The sea lion pool holds 5 animals. It measures roughly 30' x 30' with a depth of approximately 12'. The stage in the middle of the pool is integral to the structure of the Sealand facility and cannot be removed. The body of water around the stage is U shaped, measuring approximately 10' wide x 50' long. This represents no improvement to the medical pool.

The harbor seal pool holds 12 small seals. It measures roughly 30' x 20' with a depth of approximately 12'. The island in the center of the pool leaves a donut-shaped area of water that measures approximately 6' around. This also represents no improvement upon the medical pool.



Ms. Anne D. Terbush January 6, 1992 Page Two

He would also li~e to expand upon the reasons behind our practice of separating breeding males from birthing females. To our ~nowledge, no female ~iller whale has successfully reared a calf in a zoological environment with a mature male ~iller whale present. All successes have been with the males separated from the female and calf. The successes include all six Sea World calves. The live birth at Marineland of Canada was a success, and in that case, as with Sea World, the male was ~ept separate from the female and calf.

Those facilities where a breeding male has been ~ept with the calf and mother include two failures at the Vancouver Aquarium. The first calf died at three wee~s of age. The other resulted in the need to ta~e the calf from the female at three wee~s for hand rearing. This calf died suddenly after some ninety days on Saturday, January 4, 1992.

Both of the Vancouver failures were the result of inadequate maternal mil~ production. The other failures were the live birth failures at Marineland in California. The female there had four live births and failed to rear her calves. All her calves died. At Marineland, the female was ~ept in a single pool with a breeding male. Although none of these calves died as a result of physical interaction between the male and female or the male and calf, such interaction was a distinct possibility which could have lead to serious injury to the calf. In fact, there was injury to the first Vancouver calf, the result of ra~ing by the male, but this was not a direct cause of death.

The reason for the failures is currently speculative. Two possibilities have come forward. One thought is that the males are considered by the female to be a threat to the calf. The female's behavior of chasing the male into the medical pool at Sealand is certainly corroborative evidence. The presence of a male may then lead to a chronic stress which results in a failure of lactation or inappropriate maternal behavior, as with the female at Marineland in California.

A second possible mechanism is that the presence of a mature male may stimulate hormone release that interferes with lactation and/or maternal behavior, not significantly different from the stress scenario with more emphasis on hormonal effects.

Ms. Anne D. Terbush January 6. 1992 Page Three

Please find attached a letter dated January 6, 1992 from the Vancouver Public Aquarium which states in light of the recent death of their calf, no facilities exist to accommodate Tillikum.

Again, we appeal for an immediate and favorable decision on our January 3, 1992 request to transfer Tillikum to Sea Horld of Florida so as to provide necessary and preventative medical care for Tillikum, Haida and her calf in order to protect their health and welfare. The situation is becoming more critical as time passes and we urge immediate action on our request.

Sincerely,

~~\ Vice President Zoological Operations Sea Horld, Inc.

JAN 06 '92 10:22 VAN PUBLIC AQUARIUM

VANCOUVER PUBLIC AQUARIUM

In S[anley Park, E'.O. Box 32.12, Vancouver, B.C., Canitda V6B 3X8, (604) 685-3.364, Fax (604) 631-25Z9

January 6, 1992

Ms Anne Terbush Chief of Permits Division Offtce of Protected Resources National Marine Fisheries Service Silver Springs, Maryland 20910

Dear Ms Terbush:

In light of the death of the 97 day old killer whale calf "K'yosha" Ordnps ~on January 4th, 1991, the management of Sealand of the Pacific in Victoria, British Columbia, Canada, has again contacted the Vancouver Aquarium regarding the feasibility of holding the male killer whale "Tillicum" here at the Vancouver Aquarium. As stated in my previous letter, this would be for the ~riod pending issuance of the National Marine Fisheries Service permits to import the whale to the United States.

As the calf was housed in a pool that is part of the public .killer whale habitat it has not freed up any pool space. We still do not have the facilities here to accommodate this animal. I regret we are able to help in this matter.

Sincerely,

K. Gilbey Hewlett General Curator

4 .,..0 .. ,

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MARINE MAMMAL C01\1MISSION 1825 CONNECTICUT AVE., NW, RM. 512

WASHINGTON, DC 20009

Telephone: (202) 606-5504 Facsimile: (202) 606-5510

FTS: 8/266-5504 FTS: 81266-5510

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Comments: ---------------------------------------

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MARINE MAMMAL COMMISSION ,825 CONNECT1CUT AVENUE, N.W. 41512

WASHINQTON, DC 20009

The Honorable William W. Fox, Jr., Ph.D. Assistant Administrator for Fisheries National Marine Fisheries Service, NOAA 1335 East-West Highway, Room 9334 Silver Spring, ~D 20910

Dear Or. Fox:

s January 1992

3015664967:# 2

Sea World of Florida has requested authorization under sections 109(h) (2) and 112(c) of the Marine Mammal Protection Act to import a male killer whale from canada on an emergency basis "to render medical treatment [of the animal] that is not otherwise available." The Marine Mammal Commission, in consultation with its Committee of Scientific.Advisors on Marine Mammals, has considered sea World's request and, based on the information avail~bl~ to it, has concluded that the health of the male killer whale currently being held at Sealand of the Pacific is threatened by continued maintenance of the animal in the small medical holding pool at the facility. The record available to the commission indicates that: (1) no alternative facility capable of maintaining the animal exists ~n Canada; (2) attempts to place the animal in the main pool at Sealand of the Pacific,

. which is occupied by two female killer whales andia calf, have been unsuccessful; (3) the health of the whale in"question has already been affected; and (4) it is not possible to construct an alternative-enclosure or modify the e~isting facility in time to alleviate the problem.

While the Commission believes that authorizing the importation of the male killer whale under section 109{h) (2) of the Act approaches the limit of that statutory provision, the importation clearly appears to be in the best interest of the animal. The Commission therefore recommends that the Service issue an emergency importation authorization to sea World.

In making this recommendation, the Commission notes that the medical emergency now faced results in part from poor planning. The facility has known for months that the female killer whales it maintains were pregnant and should have taken steps t·o ensure that all of the whales would be properly cared for after the birth of the calves. In recognition of the possibility that the two females may become less compatible once the second female delivers, the Commission encourages the National Marine Fisheries service to use its influence to ensure that other provisions are made now, such as building another enclosure, to anticipate the

SENT BY:xerox Telecopier 7021 1- S-32 3:01PM 2026735354 ... 3015664967;:: 3 ' . ..

possibility of such prob:e~s arising.

It is important the Service ~ake sure that the applicant understand that section 109(h) requires that 11 [i)n any case in which it is feasible to return to its natural habitat a marine mammal taken or imported under (that provision], steps to achieve that result shall be taken." ln recognition of this, the · Service, in consultation with all interested parties, should identify what steps (~.g., identification of an area and/or group of wild animals to which release would be appropriate, authorization under G.S. andjc: foreig~ law, retraining the animal, monitoring the .::.;imal ::.nee released, etc.) v:ould be necessary to effect a return of the whale to Icelandic waters and determine if such a release is feasible.

Please contact me if you have any questions concerning these recommendations.

Sincerely,

R. Twiss, Jr. utive Director

January 2, 1992

Ann D. Terbush Chief, Permits Division Office of Protected Resources

and Habitat Programs National Marine Fisheries Service 1335 East West Highway, Room 7324 Silver Spring, Maryland 20910

Dear Ms. Terbush:

I have been asked to temporarily care for Sealand's male killer whale, Tillicum, during the calf rearing period of its female whales.

As you know, Marineland currently houses four adult and one young killer whales.

In another letter, I have requested that you issue Sea World a permit to incorporate our young whale into their program because our current whales may become incompatible.

It is for this reason that we cannot accommodate an additional adult male whale from Sealand.

Sincerely,

MARINELAND OF CANADA, INC.

John Pres

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Fisheries Pkhes and ()o88ns et0o6ans

January 3, 1992

Ms. Ann Terbush Permits Office National Marine Fisheries Service Washington, D.C. United States of America FAX HO - (301) 713-2313

Dear Ms. Terbush:

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I am wr1t1ng to you with regard to the request from your office regarding the k111er whales at Sealand of the Pacific in V1ctoria.

The Department of fisheries and Oceans {OFO} has no legislated responsibility for administration of the holding of marine mammals 1n aquaria. Our assessment 1s 1n the form of technical advice only.

I have contacted Or. Joe Gerac1 of the University of Guelph. Dr. Gerac1 1s a qualified marine mammals veter1nar1an who the Department of F1sher1es and Oceans frequently relies upon as a consultant for the inspection of aquaria for holding and raising whales and other mar1ne marm~als. Or. Geraci's assessment 1s "I believe the animal (the male) is at r1sk under these circumstances. Were I responsible for its health, l would move hastily to relocate the whale to a more suitable facility. 11

(see attached) ·

As the Convention on the International Trade 1n Endangered Species (CITES) Management Author1ty and coordinator of the Beluga Whale Live Capture Program for OFO, I am familiar w1th fac111t1~s and ~apab111ties of all other aquaria 1n Canada w1th the capacity and capability of holding killer whales. Hone of these fac111t1es could accommodate. even on a temporary bas1s, the male killer whale at Sealand.

If you have further questions, please contact me at (204) 983-5160.

~~. R. W. Moshenko Section Leader fish and Marine Mammal Management F1sher1es and Habitat Management Central and Arctic Region

FreshwattH Institute 501 University Crescent Winnipeg, Manitoba R3T 2N6 (204) 983-5000

Section

lnstitut des eau" douces 501 Un1vers1ty crescent Winnipeg (Manitoba) R3T 2N6 (204) 983-5000

JAN 02 '92 11:29 VAN PUBLIC AQUARIUM P.

VANCOUVER PUEUC AQUARIUM

ln Sta.nley l'ark, P.O. Box )ll2, Vanc,)uver. B.C .. Canada V5B 3X8, (604) 685-3364, F:nc (604) 631-2529

January 2, 1992

Ms Anne Terbush Chief of Permits· Division Office of Protected Resources National Marine Fisheries Service Silver Springs, Maryland 20910

Dear Ms Terbush:

The management of Sealand of the Pacific in Victoria, British Columbia, Canada, has been in contact with the management of the Vancouver Aquarium regarding the feasibility of holding the male killer whale Orcjnus .O.!S4a..;'Tillicum., here at the Vancouver Aquarium. This would be for the period pending issuance of the National Marine Fisheries Service permits to import the whale to the United States.

As much as we would want to assist in the appropriate care and husbandry of the killer whale female "Haida" and her newborn calf, as well as with the pregnant female "Nootka", we do not have the facilities here to accommodate this animal. We are presently hand rearing a killer whale calf and need all of our pool resources for the Vancouver Aquarium's marine mammals.

K. Gilbey Hewlett General Curator

OAK BAY MARINE GROUP • O~k Say Mlll'ina ltd.

-· VictO!ia

• North Saenl<:h Marina Ltd. -V•Ctoris

• Peddl!ll' Bay Marini! • Vic::toria

• Peddor Say TraiiOr Pari< -Victoria

• Sealand of the Pacilic ltd. -Victoria

• Pacifi<: Undarsea Gardens Ltd. - Victoria

• Canadian Princ:QSS Resort .. Uoluelel

• Wiekanlnni~h - Lono Reach

• Paintor's ~ooga - (:arl'lphP.II River

• King Salmon Resort Rivsl& Inlet

• M. V. l.l.,abell - Hakai Pass

• • • Clrarlolle Princess - Queen Charlollc !~lend;

• Oragon Und(!rsea Gardons Inc. - Ncwpor1, Oru~on

• The Wax Works . NP.Wp¢11. Ore>gon

• Ripley's Believe h or Not • Newport, Oregon

• Mariner ~nrerprisoa Inc. - Nowpon. 011111011

January 3, 1992

Mr. Robert Moshenko Section Head Fish & Marine Mammal Management 501 University Crescent Winnipeg, MB X3'1' 2N6

Be: Request for Cites Permit

Dear Mr. Moshenko:

Sealand has housed three Icelandic killer whales at its facility since 1983. In July or this year, Sealand announced that it was phasing out its killer whale program.

In November 1991, Sea World, in its application to the N.M.F.S. requested prompt removal of the male, Tillicum, from our facility due to the apparent pregnancies of the two female animals.

on December 24, 1991 one of the females, Haida, gave birth to a young and healthy calf. The birth of the calf and the impending birth of another has prompted Sea World to request from the u.s. authorities approval for the immediate import of tile male. This request has been made as sealands' facilities were not designed for breeding. The situation has been made more complicated by the two female killer whales having prevented the male from integrating into the main pool. Options such as sectioning off the main pool, adding onto the pool or developing a temporary facility elsewhere is neither practical nor possible in a timely manner. Nor is the housing of the male at another aquarium in canada a possible opption.

We believe that Sea World's request is in the best interests of all of the animals and is the best solution in the current curcumstances.

HEAD OFFICE:: 1327 6E!Il(::h Drive, Victoria, l:l C, VOS 2N4 TCL: (604) 598·3366 F/\X (604) 598·1361

January 3, 1992 Mr. Robert Moshenko Page 2

We would respectfully request the preparation and issuance of a Cites Export Permit and appreciate any efforts that can be made to assist in the import permits requested by Sea World,

Respectfully yours,

SBALAND OF 'l'HB PACIFIC

If. j z1 'foJ·. ~/l, I ~1.!/1~ ~1) ,~Jl·=~~ Marager .

Jlctc

ROGER W. GALVIN l!o.

VALERIE J. STANLEY l!o.

l!o. ALSO ADMITIED IN MARYLAND

Mr. Arthur Jeffers

GALVIN & STANLEY A TIORNEYS AT LAW

SUITE 303

900 SECOND STREET, NORTHEAST

W ASHINGfON, D.C. 20002

January 3, 1992

Office of Protective Species National Marine Fisheries Service Department of Commerce 1335 East West Highway Silver Spring, MD 20910

Re: Tillicum

Dear Mr. Jeffers:

~ ~oPh 1-/P~~/,~ -" TELEPHONE: (202) 289-4854

FACSIMILE: (202) 408-1082

on behalf of the Sea Shepherd Conservation Society, Inc., please be advised that we strenuously object to the proposed importation of a male orca from Canada to the United States by Sea World, Inc. and Sea Land of the Pacific. Such an importation would violate not only the spirit but the letter of 16 u.s.c. 1379(h) (2).

The "medical emergency" is contrived. With a birth imminent, nothing was done by Sea Land of the Pacific to prepare a suitable facility for the mail orca in question. Both parties are using the National Marine Fisheries Services (NMFS) concern over the close confinement of the orca (a situation deliberately created) to manipulate NMFS into issuing an emergency import permit.

Issuing an import permit under these circumstances will only encourage further efforts by the same or other entities in evading the structures of the Marine Mammal Protection Act.

The statutory provision for the granting of an emergency import permit for medical care otherwise unobtainable does not apply. This is not a medical emergency. Concerns over spatial restrictions are neither sudden nor without local remedy. To issue a permit for the reasons given would cause an unprecedented and unreasonable expansion of the interpretation of the statute.

The real motive behind the application is not concern for the well-being of the animals; a concern that could have been adequately prepared for long ago. The real motive is to circumvent the scrutiny attendant to the normal permit and public comment process. To exclude the public's participation because of the facility's purported emergency is a clear repudiation of intent of

the NMFS to incorporate public input into the permit process.

To allow public comment or challenge after the fact is unacceptable. The orca will be stressed by the move, a certain threat to his health and well-being. If challenged and found improper, the move can not be undone and the stress only compounded by another move.

If the emergency request is granted, these and other points will form the framework of a legal challenge, but the damage to this orca's well-being would have already been realized.

Sincerely,

RWG:ddg

LIFE FORCE February 25, 1992

The Honourable John Crosbie Minister of Fisheries & Oceans Ottawa, Ontario, KIA OEG

Dear Mr. Crosbie:

Thank you for your response to our letter about the transfer of the male killer whale from Sealand, Victoria and the application from the Shedd Aquarium for a permit to live-capture four belugas.

As you are aware, we believe that the ongoing health problems with Tilikum could have been dealt with at Sealand if modifications were made to the whale pool. As explained to you before, the bottom li~e is that Sealand/ Sea World created the situation (with Sea World's intention being to get another male orca).

I hope that in the future there will be a public process to allow ecology organizations such as Llfeforce to have direct communication with your Advisory Committee prior to issuance of such permi.ts; there should be a review of all issues related to the containment of cetaceans. These discussions should take place prior to any commitment to allow Sea World to permanently keep Tilikum.

Also, further information has come to our attention regarding the live-capture of belugas: When the Vancouver Aquarium was allowed to keep five belugas· we stated that this would set a precedent and aquariums worldwide would seek large numbers of belugas in an attempt to create babies which would increase their profits. As stated, the Chicago Shedd Aquarium, which caught .two in 1989, is seeking four more, the Dulsberg Zoo in Germany may appty for three and, incredibly, the Montreal Biodome wants 12; Sea World, Japan, which presently has one Canadian beluga and three Russian, also is seeking more. Numerous other aquariums will surely follow---despite increasing public opposition worldwide to the Inhumane capture and imprisonment of these sentient creatures.

It is time that we have a meeting with you and your Advisory Committee in order to review the well-documented information which supports the fact that marine mammals suffer physically and psychologically and die prematurely in captivity.

Please advise us if we can meet.

ln~~flll. rL __ Peter Hamilton Director

\ANCOUVER

cOS ANGELES 5 -\'l FRAr-;CISCO

• •

Box 3117, Main Post Office, Vancouver, B.C., Canada, V6B JX6. (604) 299-2822 "A(} I r; Box 825, North Hollywood, CA. 91603, (818) 985-LIFE -

Box 210354. San Francisco. CA 94121, (415) 441-3339

UFEFORCE '• '.0'. PROFIT. TAX EXEMPT ORCANIV- :•.

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A crane wm !'leul1t ffom lta pool and put it In a water tanK. Durlr.g the OiQht lhe animal Will be "-~t Wfl!. 0"~ At Sea WOtl", it ·Nf!l be 1awer•c by crane if':".O a pool and remc~ frOm its stretchar

Side cutaway view

C4ta¥~ay for pectoraf fins

End cutaway vl•w

C~o~stom-flt ny;on n,.port stretcher lined with wgol.

Custom-fit nytcn transport .tr.tc:her lined wi'lh YrOot •

• ANI-ffUSE.R-8U501 FACSIMILE ro PAGE~ CO'f\PJ\NIES TRANSMISSION 3 -

;::.,01

seaworld's emergency application to transport tilikum

Documents

sealand facility

sea world drive orlando

killer whales calves

anticipation of sea

government of canada

emergency import authorization

months necessary

emergency authorization