Levine Cava said The Dolphin Company was required to vacate and surrender the property by April 21, 2024 due to a long and disturbing history of violations by failing to maintain the property in good repair and the living conditions of the animals, according to the law and respecting the letter of the contract signed between the two institutions in 2022.
In March 2022, when the county mayor transferred the Miami Seaquarium contract from Palace Entertainment Holdings to MS Leisure Company Inc, The Dolphin Company, the mayor noted the following:
“My administration’s priority throughout this process has been to ensure the highest standards of care, health and safety for all of the Seaquarium’s marine inhabitants, including the beloved orca Lolita (Tokitae),” Levine Cava warned.
In the contract, The Dolphin Company made a commitment to retire the iconic orca Lolita and her companion the dolphin Li, operate the Seaquarium in compliance with all federal laws and regulations, including the Animal Welfare Act. It also committed to maintaining all certifications, including the Alliance of Marine Mammal Parks and Aquariums (AMMPA), among other requirements.
Non-compliance
According to Levine Cava’s complaint, the tenant was cited seven times by the USDA for inadequate veterinary care and poor facility management, unsafe structures and poor sanitation.
In this period of time, Miami Seaquarium has not presented evidence of being certified to AMMPA, nor to the American Humane Association, nor has it submitted any annual report on the implementation of conservation and education programs.
Death of Lolita
One year after the signing of the contract, on August 18, 2023, the whale Lolita died. Miami Seaquarium informed NOAA, the government agency that regulates US marine life, habitat and ecosystem, that the cause of death was kidney failure and other chronic conditions, including lung and heart diseases. Lolita, who had been captured in 1970, lived fifty years in captivity.
A month after Lolita’s death, Li, the dolphin who had accompanied her since 1988, was transferred to SeaWorld in San Antonio, Texas.
Official Response from The Dolphin
Edwin González, executive director of The Dolphin Company, wrote a letter to Jimmy L Morales, Director of Operations of Miami-Dade, in which he refutes all the violations cited by the mayor to terminate the contract.
According to González, the mayor, in her ultimatum, ignored the main efforts and contributions made by the Seaquarium to guarantee the well-being of marine residents.
“We received your notice with great concern and disappointment, and after a thorough internal review and consultation with independent outside experts, we have found substantial evidence that contradicts the claims made by the county.”
González stated that he attached information that demonstrates Seaquarium’s compliance with all relevant federal, state and local regulations, as well as the unwavering commitment to the well-being of the animals in its care.
The tenant company considers that the reasons for terminating the contract are unfounded from a factual and legal point of view and said it was willing to defend itself through legal channels, if necessary.
An overreaction
At this point, González alleged that the 45-day eviction notice for the Seaquarium facilities overlooks or misrepresents the corrective actions and compliance efforts taken by them. He stated that the County unilaterally adds, deletes or modifies terms of the contract they have signed and added that it usurps the exclusive legal authority of the US Department of Agriculture (USDA), the Florida Wildlife Commission (FWC) and the Board of Commissioners of Miami-Dade County. “Therefore, our lease agreement with the County remains valid and binding,” he stressed.
The executive maintained that the County misinterprets the Animal Welfare Act (AWA). He does not deny that he has had inspections, but says that “when USDA conducts an inspection of a licensed facility, it issues a report documenting noncompliance and generally includes a date for corrective action. The county has ignored the multiple corrective actions taken by the Seaquarium in response to the aforementioned noncompliances.”
He later stated that the Seaquarium had taken immediate steps to rectify the problems of alleged code violations by unsafe structures detected by the county. “We hired Suárez Construction and YHC Engineering to take corrective actions.” He also indicated that they had invested $200,000 to replace the floating dock at Flipper Stadium.
“The Seaquarium’s AMMPA accreditation is active until December 31, 2024.”
Regarding programs with the county’s public schools, González said in his letter that the Seaquarium has a dedicated structure to promote students’ love and curiosity for marine biology and conservation programs.
Good news
“After more than 50 years of animals in miserable conditions and false promises of improvement, the imminent closure of the Seaquarium is a necessary, if late, step; and PETA hopes that Miami-Dade County authorities will continue their good work by ensuring that these animals are sent to accredited facilities where they will receive the care they so desperately need,” said the executive vice president of PETA, an animal rights organization. .
Turismo
Miami Seaquarium is one of the tourist attractions in South Florida, it occupies 38 acres of land in the paradisiacal Virginia Key, north of Key Biscayne in the middle of the Bay. DIARIO LAS AMÉRICAS toured the facilities, which remain open, and spoke with some of the few visitors present.
Alejandro, a Peruvian tourist who visited the Seaquarium with his wife and two teenage children, said that, although the entrance fee seemed expensive, the overall experience was good. He pointed out that in such a large space there should be more variety of marine animals. He failed to detect that the animals lived in poor conditions.
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For their part, Carlos and Patricia, a couple of Chilean tourists who traveled to Miami from the province of Iquique, stated that they liked the dolphin show and the experience of being able to touch the manta rays. “It is no less true that the presentation of the sea lions in the Iquique aquarium is superior.”
On their trip to the US, they also visited the Orlando Aquarium. “Everything is too closed there. “I like the style of open swimming pools in Miami, here you can see the animals up close.”
Carlos said that the aquarium’s infrastructure looks old, but it is well maintained.
Regarding recommending it to a compatriot, he maintained that it is very expensive. “For us it is a thousand Chilean pesos. We paid 85 dollars between the two of us because we are elderly.”
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Employees
An employee who spoke on condition of anonymity said he was surprised by the mayor’s announcement. “We knew that several inspectors had come. But they told us that everything had gone well.” He acknowledged that the facilities need renovation because they are many years old.
He said the aquarium’s nearly 200 workers work hard to make things work. “Especially the coaches. These kids spend hours and hours with their animals. They take care of their well-being, they know when they are not feeling well and they are with them all the time.”
DIARIO LAS AMÉRICAS requested an interview with Raquel Regalado, county commissioner of the area, and Edwin González, but as of press time we had not received a response.
If the aquarium and the county do not reach an agreement, everything indicates that they will face each other in court, pending the fate of the animals that reside there, the employment of hundreds of workers and the future of one of the hallmarks of the South Florida with more than 70 years of history.
@menendezpryce
