Spiegl to Dutch parliament: Morgan is “a child of the Netherlands”

The other day, Matthew Spiegl published an open letter* to the members of the Dutch parliament petitioning them (and the Dutch people) to revisit the case of the orca Morgan and to intervene to halt the inertia of the decisions that have led to her imprisonment and exploitation at Loro Parque.

On December 3, 2013 the High Court in Den Haag will once again review the case of Morgan the Orca, found off the Dutch coast and now housed in a Spanish amusement park. But why does this issue have to be resolved by the court at all?

The Dutch Parliament has it within its power to act in the best interest of Morgan, to undo the mistake of the previous Government, and direct that she be moved to a sea pen and held in public trust for the good of all, in the hope she can one day be returned to the sea.

…The Dutch Ministry of Economic Affairs, Agriculture and Innovation is still the issuing CITES management authority and can - if it has the will to do so - recall Morgan from Loro Parque if the conditions there place Morgan at risk, which appears to be the case.

Morgan should not be confined to a concrete tank for the rest of her life, and the debate about her should not be confined to the pages of a legal brief or the formalities of a lengthy court proceeding or even the political procedural process of Parliament.

The debate about Morgan must be led by the people of the Netherlands - in the name of humanity - and on behalf of us all.

(It appears that Blackfish – to which Spiegl refers in his letter - will be premiering in the Netherlands in a couple of weeks, and could well have an effect on the course of events.)

To me, the most interesting aspect of the letter was Spiegl’s framing of his appeal not only in terms of national identity but in terms of an ethic of maternal care:

Morgan’s right to be free must be shouted out at the top of our voices and from the depth of our hearts, with the same passion and conviction as a mother protecting her child.

When Morgan was taken from the Wadden Sea, she became a child of the Netherlands, a ward of the Dutch people to be held in public trust by the Dutch Government until she could be released back to the sea, to rejoin her real mother.

All the world is watching, all the world is waiting, all the world knows that the fate of Morgan can change this world forever and make it a better place for all.

The maternal metaphor – with which I’m not entirely comfortable - is apt given orca social structure. But, although Spiegl is from the US, it’s almost unimaginable, in this land of anxious masculinity, that an appeal to legislators would ask them to imagine themselves and the country as the collective mother of any human or other animal. I would love to know if that’s more common or resonant in the Dutch context….

*I admit I’m a little confused about the SeaWorld documents Spiegl cites and links to and whether Morgan is among the subjects of the exchange, as he contends.

Habeas Porpoise? Really?

Oh, who am I kidding? Of course I love it.

Arie Trouwborst, Richard Caddell, and Ed Couzens, whose article about the orca Morgan in Transnational Environmental Law I mentioned previously, have a follow-up post at the Cambridge journals blog.

The Amsterdam District Court reviewed the previous decision, yet after consideration upheld the finding that Morgan’s transfer was legitimate. We consider this verdict to be demonstrably legally flawed. The Court based its determination primarily on a surprising appraisal of the ASCOBANS text, finding that a removal of an orca for rehabilitation purposes did not constitute “intentional taking” (such taking being precluded under the treaty). Moreover, the Court considered that enduring captivity was justified by the need to conduct research pursuant to obligations under ASCOBANS. This is deeply perplexing, since ASCOBANS does not consider permanent captivity for research (or any other) purposes acceptable. The judgment remains highly unsatisfactory in the light of these and other treaty obligations, while the Court seemingly ignored evidence that the facility to which the orca had been transferred does not engage in substantive research into cetacean ecology.

It must have been difficult for people to keep a straight face while arguing that Morgan’s captivity at Loro Parque was about research. It’s very obviously a theme park in which animals are exploited for human entertainment.

Unconscionable by any measure

One remark in Matthew Spiegl’s piece about the recent SeaWorld IPO stood out:

“[T]o perpetuate the practice of keeping orcas in captivity is unconscionable by any measure of any standard in today's society.”

Not much more to say.

In searching for more about the IPO, I came across references to a new documentary, Blackfish.



Here are a review of the film and an interview with the director, Gabriela Cowperthwaite.

In related news, the Free Morgan Foundation linked to a legal analysis of the Morgan case in the journal Transnational Environmental Law, which the journal has made available for free.

Unfortunate decision in Morgan case

Sending her to Loro Parque wasn't unlawful, the judge found.

Shut it down.

Last month, protesters chanting “Shut it down!” managed to (peacefully) storm the gate at Marineland in Niagara Falls, Canada. (In developments today, it’s being reported that Marineland is threatening to sue a former trainer for more than $1 million over her statements to the Toronto Star about injuries to an orca named Kiska confined at the park.)

In related news, yesterday was an important court date in Amsterdam for the orca Morgan, when more arguments were to be brought and reports submitted in favor of getting her released from Loro Parque in the Canary Islands. You can read more here, here, and here. I haven't found any updates, but I'll post them when I do.

*expletive*

Loro Parque. I'd like to read English translations of these decisions providing the full justifications.

This all makes a mockery of the idea of rescue and rehabilitation of wild animals. It makes these efforts look like thinly veiled and cynical means of obtaining captive performers and breeders for corporations, or at the least too easily coopted for this purpose. People and governments who support rescue efforts should be assured that their work and money will not support captures, and the public should be made aware of this situation.

Anxiously awaiting Morgan decision

The judge's decision should be announced within hours.

Orca Coalition set to appeal Morgan decision

I reported last week that the decision had been made to send Morgan to Loro Parque in the Canary Islands. Encouragingly, the Orca Coalition quickly raised funds to initiate an appeal. There's hope yet!

“International regulations for the care of a protected animal have still not been followed. Only if rehabilitation is deemed impossible, other options are allowed to be considered. But the Dolfinarium has so far not been able to mention one action that shows that they are trying to prepare Morgan for a life in the wild”, according to Marq Wijngaarden, lawyer of the Orca Coalition. Because of the court ruling in August the Dolfinarium has to wait at least five more weeks before they are allowed to export Morgan. The Dolfinarium appears to have no intention to uphold this term, and again wants to violate the rules.

The Orca Coalition is still open for a meeting with the Dolfinarium. “We are supported by a group of international orca scientists who have experience with rehabilitating these protected animals in the wild. Their knowledge and experience is available for Morgan, and also for future stranded orcas. For a year now a detailed plan to return Morgan to her family has been available”, says Barbara van Genne, marine biologist and spokesperson for the Orca Coalition. The Orca Coalition continues to take efforts to implement this step by step release plan in order to return Morgan back to her family under expert guidance, according to international regulations.

Sad news about Morgan

She's going to Loro Parque. This is so depressing. How anyone could think it's in any orca's interests to be sent to this place is beyond me. And how can this process be legal?

More percentages - this time, orca sounds and certainty

I'll be posting more in the next few days about the reported percentages of HPV-positive oropharyngeal cancers, but there was another percentage reported that caught my eye recently and made me wonder. While I made an argument about the use of percentage in the previous articles, in this case I simply have a question.

The news last week from the Orca Coalition contained a happy announcement that Morgan's family had likely been located. If so, this is significant, since her prospects for returning to the ocean are much improved if she can rejoin them. The announcement read "Family of Morgan found with 77% certainty." The text reads:

Independent scientists have now found that there is a match of at least 77% between the sounds that orca Morgan makes and specific orca families residing in the North Atlantic Ocean including around Norway.

So my percentage-related question is: Does finding a minimum 77% sound match translate into 77% certainty of having found her family? (I'm not necessarily saying there's less certainty - in fact, there could be more - but this direct translation of percentages sounds odd to me. Could be correct, though...) Also, how is the sound match determined? It's all very interesting, and brings into even greater relief the rich social life these whales are deprived of in captivity. Listen!:



Strangely beautiful. (Unfortunately, I can find little to no information about the people listed as having taken the pictures or recorded the sounds, which is odd.)

Free Morgan video

The Orca Coalition has produced a new informational video about Morgan and the campaign to free her. That's one small tank.



Tim Zimmermann also wrote recently about the violent life of Tekoa, another orca captive at Loro Parque, and Wired Science last week posted a good interview with former SeaWorld trainer Jeff Ventre about the effects of captivity on orcas.

"Killer Controversy: Why orcas should no longer be kept in captivity"

Naomi Rose of the Humane Society International has prepared a report about the deleterious effects of captivity on orcas. The Orca Coalition reports that it's been submitted to the judge in Morgan's case. It's not a peer-reviewed article, but it does review the scientific literature. I haven't checked all of the references, but I don't know how many are needed to convince. This has been a disastrous experiment, and needs to be put in the past.

We maintain that the only logical conclusion, after considering the preceding evidence, is that orcas do not belong in captivity. They do not thrive: they are physically harmed, living shorter lives, and they are psychologically harmed, injuring each other and humans in a way rarely or never observed in the wild.

...It is not justified to continue their display for entertainment or even for education, especially when that education is biased toward information that supports a corporate narrative rather than good science.

As long as the public buys tickets to see orcas perform, oceanaria are unlikely to voluntarily close orca exhibits. Therefore it is up to the public, as well as the media, the regulatory agencies, and the scientific community, to consider and weigh the evidence and make the only logical deduction. Orcas are too large, too intelligent, and too behaviorally and socially complex to adequately provide for in concrete enclosures. No more orcas should have to die prematurely; no more trainers should be put at risk. It is time to accept that we have been wrong in our assumptions. The orcas deserve no less (pp. 8-11).

Morgan case update from the Orca Coalition

The coalition's Twitter feed (@orkacoalitie) linked to this update earlier today:

First of all we would like to thank you for the wonderful support we have received from the moment Morgan was taken from the sea. This has meant a lot to us but also to Morgan. This support is what keeps us going and gives us the extra energy to keep up the fight day after day.

We would also like to give you an update on the current situation. Unfortunately we cannot go into the details on some parts, but hopefully this gives more clarity.

This last week the Orca Coalition has been writing and collecting additional documents that we could submit to the Ministry following the hearing on 9 September. These documents serve to support our arguments for Morgan's release.

In the near future it should become clear what the Ministry will decide. Will it be Loro Parque in Tenerife, or will they finally decide that Morgan can return to her family in the wild? Because we certainly take into account a negative decision, we are preparing ourselves for a possible subsequent lawsuit. Also raising funds to cover the legal expenses is badly needed.

Of course we hope that the Ministry will make the right decision, allowing Morgan to finally begin her rehabilitation and a life of freedom in the prospect, from which much can be learned. If the Ministry decides to release Morgan we will continue to work on her rehabilitation and we will give support where needed.

We hope to be able to give you more information soon.

The Orca Coalition

Morgan PSA

No updates about Morgan the Orca, but I give you this video (Tim Zimmermann called it "a bit overcooked," and I have to agree, but it makes its point):

Morgan update and more about Loro Parque

My previous post discussed the battle being waged for the freedom of Morgan, the young rescued orca. You can follow events on Twitter - @orkacoalitie - or on FB. What the court in the Netherlands decided yesterday is still unclear to me, but from the most recent tweet appears generally positive for Morgan.

Tim Zimmermann has posted "A Close-Up Look At Loro Parque," following up on his earlier work. This first part of his exposé includes the full text of the report he received from a former AV supervisor in the park's killer whale section. Loro Parque is the Canary Islands facility where SeaWorld transferred four of "their" orcas several years ago and where they are now pushing to have Morgan sent to breed and perform.

SeaWorld in the news; Morgan the orca

Dawn Brancheau's family is suing in federal court asking that OSHA, which investigated her 2010 killing by Tilikum (they recently fined the theme park for violations, which SeaWorld is contesting), not release images of the event.

In related news, SeaWorld is involved in opposing the freeing of another orca, Morgan, from the Dolfinarium Harderwijk in the Netherlands and pushing for her to be sent to Loro Parque in the Canary Islands. An international campaign has been mounted to get Morgan released back into the wild, including scientists like New Zealand orca expert Ingrid Visser, who has argued that captivity is already taking a serious toll on Morgan's health. According to the article linked to above, a judge in the Netherlands is deciding on Morgan's fate today.

Visser's organization the Orca Research Trust reports that a program about Morgan co-produced by the BBC and the Discovery Channel was to begin airing last week in the UK, but I can't find any information about it on the Discovery Channel's site. Is it a simple delay, or is someone blocking its airing in the US? Any information would be much appreciated.

***CORRECTION***: Ah. The documentary isn't about Morgan but more generally about their work and a NZ orca they rescued.