LCA has filed a complaint with the Ontario Ministry of
the Solicitor General against Marineland Canada based on performances of
cetaceans (i.e., whale, dolphin, or porpoise).
The complaint was filed after the passage of Bill S-203 received Royal
Assent on June 21, 2019, which led to the creation of new animal cruelty
provisions in the Criminal Code of Canada.
ACTION ALERT: Stop Canada's Marineland from exporting beluga whales to Connecticut's Mystic Aquarium
These provisions impose restrictions on keeping whales, dolphins and
other cetaceans in captivity. These sections allow organizatinos that had
cetaceans before the bill came into effect to keep the cetaceans but impose
restrictions on their handling. The new animal cruelty provisions at section
445.2(4) of the Criminal code set out that:
(4) Every person commits an offence who promotes, arranges, conducts,
assists in, receives money for or takes part in any meeting, competition,
exhibition, pastime, practice, display or event at or in the course of which
captive cetaceans are used, in Canada, for performance for entertainment
purposes, unless the performance is authorized under a license issued by the
Lieutenant Governor in Council of a province or by an authorized authority.
LCA attended, observed, and took video recordings at the dolphin show at
Marineland on August 6, 2019. The show took place in a stadium in front of
an audience. Marineland sold tickets to patrons to allow them access to the
park and to watch the dolphin show. Dolphins are seen numerous times
throughout the show performing tricks in front of an audience. LCA followed
up with the Lieutenant Governor in Council's office, the Attorney General's
office and the Solicitor General's office with an aim to determining whether
Marineland has been issued a special permit for these performances, but have
been unable to confirm.
At the same time of LCA's attendance, tickets were also available for
purchase for encounters with Beluga whales. LCA witnessed at the Beluga
whale encounter that patrons were permitted to pet and touch Beluga whales.
Mystic Aquarium, Connecticut, Application (84 FR 52072) to Import
Five Beluga Whales from Marineland Canada is Pending
Mystic Aquarium in Connecticut filed a permit application to import five
Beluga whales from Marineland Canada for scientific research. Under the US
Marine Mammal Protection Act (MMPA) and the Canadian Wild Animal and Plant
Protection and Regulation of International and Interprovincial Trade Act,
the laws do not allow for this importation. The five Beluga whales proposed
for import descend from the depleted Sakhallin Bay-Nikolaya Bay-Amur River
population in the Russian Federation. The MMPA clearly states there should
be no public display of marine mammals from depleted populations. Otherwise,
the relevent MMPA exemption for importing depleted marine mammals for
scientific research would be a massive loophole to get animals for public
display and breeding. The June 2019 passage of Canadian Bill S-203 made
displaying cetaceans for entertainment purposes illegal and placed
restrictions on importing, exporting, and breeding.
LCA is calling on the Ontario Ministry of the Solicitor General to
investigate LCA's complaint against Marineland Canada. Politicians, law
makers, concerned citizens, and numerous animal organizations of Canada and
the United States have fought long and hard to get protections for
cetaceans.
As evidenced by
this letter written by the Animal Welfare Institute to the
National Marine Fisheries Service, many people and organizations also take
issue with the proposed export of the Beluga whales.
LCA is urging the National Marine Fisheries Services (NMFS) to deny the
permit application by Mystic Aquarium Connecticut to import five Beluga
whales from Marineland Canada for scientific research. The NMFS is currently
reviewing 9,532 public comments on the application that were submitted by
midnight deadline on Dec 2, 2019. In addition, LCA is calling on the
Minister of Environment and Climate Change, the Honourable Jonathan
Wilkinson to deny the export permit.
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