Activists Charged in Sugarloaf Dolphin Release

The Commerce Department's National Oceanic and Atmospheric Administration has filed charges against several dolphin freedom activists for harassing and illegally transporting two captive dolphins in connection with their deliberate release six miles off the coast of Key West, Florida, on May 23, 1996. Alleging multiple violations of the Marine Mammal Protection Act, NOAA assessed a maximum allowable $10,000 for each of the six counts charged, resulting in a total of $60,000 in penalties against those involved.

After the dolphins were dumped off the side of the boat, they were found injured, emaciated, and begging for food from boaters in local marinas, and were rescued by federal biologists with the help of several government agencies and private groups.

Charges have been filed against Richard O'Barry of Coconut Grove, Fla., Lloyd Good, III, of Sugarloaf Key, Fla., Sugarloaf Dolphin Sanctuary, Inc., of Sugarloaf Key, Fla., and the Dolphin Project, Inc., of South Miami, Fla. All four have been charged with failing to notify NOAA prior to the transport of the dolphins.

According to NOAA, the dolphins were transported without prior notification and not for purposes of public display, scientific research, or enhancement or survival of the species or stock. The day after they were dumped overboard and released, one of the dolphins appeared in a congested Key West marina with lacerations and begging for food. The second dolphin, found over 40 miles away almost two weeks after the release, also sustained deep lacerations and was emaciated. After determining that the dolphins were injured and in need of treatment, the agency, with the help of others, rescued and provided veterinary care to the dolphins. Following initial treatment, one dolphin was transported to the U.S. Navy facility in San Diego for rehabilitation. The other dolphin was found to be in considerably worse condition requiring extended rehabilitation, and remains at a Department of Agriculture licensed marine mammal public display facility in the Florida Keys.

Federal officials later seized a third dolphin from the Sugarloaf Dolphin Sanctuary, after officials with the Department of Agriculture suspended the facility's license for multiple violations of the Animal Welfare Act. The dolphins had been on public display at the Sugarloaf Lodge motel in Sugarloaf Key since 1994. Prior to that, these dolphins were part of the U.S. Navy's marine mammal research program, and had been in captivity since the late 1980's.

Acoording to the agency, in order to protect the health and welfare of marine mammals, any release should be conducted only under a Marine Mammal Protection Act scientific research permit. Applications for such permits are subject to scientific and public review, and would involve the development of a release protocol that addresses important concerns such as whether: (1) a released animal is properly and humanely prepared to live in the wild; (2) long-term follow up monitoring of the animal is conducted; (3) wild marine mammals are affected; and (4) contingency plans are in place if it necessary to rescue a released animal.

"These dolphins were injured, needed medical attention, and could have died. This incident underscores the need to conduct any dolphin release scientifically and with follow-up to ensure the health and welfare of the animals," said Terry Garcia, assistant secretary of commerce for oceans and atmosphere and NOAA deputy administrator. "Prior to the release, we repeatedly warned these individuals of the risks inherent in releasing dolphins without a scientific research permit. They agreed to apply for a permit but didn't, and released the dolphins without one. A scientific research permit, if issued, would have facilitated the development of a responsible release protocol and authorizeed any 'take' that could have occurred incidental to a release."

Agency officials said, wildlife experts agree that releasing captive marine mammals has the potential to hurt both the released animals and the wild marine mammals that they encounter. Experts are concerned about the ability of a released animal to hunt for food, defend itself against predators, and avoid interactions with people and boasts. Other concerns include disease transmission and unwanted genetic exchange between a released animal and wild marine mammal stocks, and any behavioral patterns developed in captivity that could affect the social behavior of wild animals as well as the social integration of the released animal.

The parties charged in this case have 30 days in which to respond. If desired, they may request an administrative hearing in which to contest the charges.