Report on Captive Dolphins in Mexico & the Dominican Republic.

INDEXAuthoress:Yolanda Alaniz PasiniEditors:Marcela Vargas and Soledad PradoDesign and layout:InterGraphicDESIGNS© WSPA 2010All rights reserved.Foreword.....................................................4CHAPTER 1:DOLPHINARIA IN MEXICO• Exhibition and Display........................................7• Swim With the Dolphins Programs (SWTD).........9• Dolphin Assisted Therapy (DAT).......................10• Dolphin Facilities..............................................10• Captures in Mexico and other countries...........13• Dolphin Imports...............................................14• Captive Born...................................................16• Mortality in Captivity.........................................17• Travel shows....................................................18• Facilities and Hurricanes..................................19CHAPTER 2:DOLPHINARIA INDOMINICAN REPUBLIC• Dolphin Facilities..............................................21• Manatee Park..................................................22• Dolphin Island..................................................24• Ocean World...................................................25CHAPTER 3:LEGISLATIVE ANALYSISI. International Instruments72129• Convention on Biological Diversity (CBD).........29• United Nations Convention onthe Law of the SEA (UNCLOS).........................30• Convention on International Trade in EndangeredSpecies of Wild Fauna and Flora (CITES).........30• Code of Conduct forResponsible Fisheries (FAO).............................32II. Regional Agreements• Convention for the Protection and Developmentof the Marine Environment for the WiderCaribbean Region37 and the ProtocolConcerning Specially Protected Areas andWildlife (SPAW Protocol)..................................33• Central America Free TradeAgreement (CAFTA).........................................37• North America Free TradeAgreement (NAFTA).........................................38III. National Laws• Mexico............................................................38• Dominican Republic........................................41CHAPTER 4:CONCLUSIONS ANDRECOMMENDATIONS45• General activities and features of facilities........45• Imports............................................................46• Domestic Laws................................................48• References......................................................49Annex I, II, III & IV..................................................50

ForewordWestern culture is inherently far different from Eastern or West Indian native beliefs.While in most of modern occidental cultures it is a common place the use of animals just as tools forany purpose, even those more eccentrics or vain ones, in some ancient philosophies to hurt an animalis considered violence beyond justifi cation. No end justifi es a violent mean against any sentient being.This cosmovision is called “Ahimsa”, and it is the virtue of practicing the no-violence, which beginswith the inner decision of not killing or hurt a sentient being by thought, word or any action. If A-himsis not to harm, Himsa is the act of harming, be violent or kill.This book describes the inherent Himsa of dolphinaris, both, in Mexico and Dominican Republic, butrepresentative of all captivity. The research made in both countries is a fi eldwork in every one of thefacilities and the acute observation and contact with dolphins (and sea lions). Facilities are designedand built for humans not for dolphins and all the activities in which dolphins participate turn aroundand are focused on human entertainment. Human being is the focus of the thoughts and plans ofcompanies. The cost in suffering, pain, boring, illness, stereotyped behaviour, stress, loneliness anddeath, just vanishes beneath the surface when tourists turn back the facilities with a picture as a“souvenir”. Dolphins are left in their real world of silence and abandon.If we turn our thoughts to the Mayan world and philosophy we will fi nd the inner knowledge.Maybe the only and legitimate source of true knowledge.There was, and still is a sacred ritual to recognize the inherent value of the other, an intrinsic valuewhich is equal of mine. But it is not an everyday act. With this ritual one person looks at the other, andfrom the very inside of his being says the Mayan words “in lak ech”, which means, “I am your otheryou”. When said it is implicit that if I harm you I will harm myself. Then the other answers “alaken”which means “and I am your other self”.Only when we recognize this intrinsic value of the sentient beings, we will be able to fi nd the beauty,freedom, and warmness of those dolphins who now are enclosed.For all of them only the words “in lak ech”.AcknowledgementsAs any work and research there are people not mentioned in it that remains behind the author’swork.So behind my work and convictions there has always been the fi rst spark of “awareness”.Dr. Jane Goodall and her works, was the fi rst little but strong spark. Again, thank you for being here.Dr. Toni Frohoff, and Dr. Naomi Rose have always been like a part of “the team”. Listening questionsand fortunately corresponding with more questions still to be answered. Bill Rossiter always beside,always available, and always having a fresh and comforting words. We share more than what distanceand time let us share, for which I am really thankful.My colleges Laura Rojas, Mercedes Anzures and Cecilia Vega have enriched all this work trough theyears. Their points of view accurate, philosophical, and strong are in many ways between the lines.Idelisa Boneli as the wonderful human being, she is an important part in the study of facilities inDominican Republic. Not only her hospitality, but also her wonderful work about marine mammalsmakes her a model of what science and ethics can do together.Special thanks must be said to Marcela Vargas, who coordinated this research, writing, and fi nalediting of this work. Not always under the best conditions she managed to make it possible.My recognition.Finally the World Society for the Protection of Animals (WSPA) landed this important effort to understandthat red spots are in Latin America referring to captivity of marine mammals.This means an unprecedented work that must be recognized.

INTRODUCTIONThis report describes the conditions of captive facilitiesfor dolphins in Mexico and Dominican Republic.Mexico began captive activities in 1970 with thedisplay of two dolphins outside a new store to attractthe attention of clients. Ever since, the captive industryhas grown exponentially.There is a growing trend of commercial activity indifferent parts of the world. The corporations withbusiness enterprises based in Mexico, represent oneof the most fl ourishing and productive industries withan important and productive national and regionalmarket.The commercial and empirical capture of dolphins andsea lions for public display started in the seventies.Almost simultaneously, commercial trade with othercountries began, mostly, but not exclusively, withthe Caribbean Islands. Since then, this commercialenterprise has grown without any kind of regulation, tothe point that it concerns scientists and environmentalgroups.The exploitation of dolphins (and sea lions) beganwith entertainment shows, and today it continuesdisplaying animals doing circus acts, in which theysimulate dancing or singing, acrobatic turns andjumps, or pretend to “communicate” with trainersby answering questions and instructions using headmovements that simulate saying yes or no.The fi rst exhibits consisted of small concrete tankswith benches for the public such as in the RomanForum. Later on, “Swim-with-Dolphins” programswere initiated, which resulted in a much more lucrativeenterprise, especially with tourism coming fromabroad. For this, bigger spaces were required so seapens were built in high tourist-traffi c areas.More recently, some dolphinariums have started toimplement new programs called “Dolphin AssistedTherapy” (DAT), where presumably dolphins’ healingpowers are invoked to help specifi c ailments thatare hard to cure with common therapies. In lesserproportions, dolphins are used in travel shows andtaken mostly to regional fairs. This enterprise requiresthat cetaceans be constantly transported by roadfrom town to town. Usually, the same travel circusalso carries sea lions for display, and even wild birdslike macaws. It also came to light that the same travelcircuses display and transport some species of sharksin portable fi sh tanks.This is how the exploitation of dolphins was diversifi edto increase profi ts.Activities in Dominican Republic began in 1995, and itis like an extension of the Mexican process. We foundthe same type of concrete tanks, sea pens, and thesame kind and evolution of activities, with the onlyexception of DAT, which still wasn’t practiced on theisland.Although this report focuses on the management ofcaptive dolphins in just two countries, we believe itis representative of the captive industry for most ofLatin America. Many of the problems, uses, abuses,lack of legislation, administrative indifference andpolitical negligence encountered in the managementof dolphinaria and related activities, surely could alsobe a reality in other countries.Though sea lions and other species are frequentlyfound in captivity, we focused on dolphins due totheir exclusive behavior when living in the wild marineenvironment, for which their captivity represents themost aberrant fi ndings.The methodology used was a fi rst approach byreviewing literature and conversations with expertsin both countries. Offi cial data was always obtainedunder the laws of information and transparency ofboth countries.Field work was done in January 2009 in Mexico and inFebruary/March 2009 in Dominican Republic, visitingfacilities from early in the morning to late afternoon,and having the opportunity to see the evolution ofactivities, fl ow and behavior of visitors, as well asthe behavior of dolphins through out the day. Thisinvolved periods of interaction and “resting time”, aninvaluable interval to observe dolphins and comparetheir behavior to when there is human interaction.A full legislative research was done, includinginternational and regional treaties. The local andnational legislations regarding marine mammals andfocusing on dolphins for Mexico and DominicanRepublic were analyzed as well. All legal instrumentsare here reported.As a central study, there is a legislative analysis of thereal legal management and the fi ndings concerningsome clear law violations, including loopholes inthe International treaties signed and ratifi ed by thementioned countries which are used by administrationsand enterprises to continue the trade and exploitationof dolphins.Finally, some recommendations to strengthen locallaws are provided, in order to improve the quality oflife of captive dolphins and avoid illegal captures andtrade. Countries such as Cuba and Solomon Islandsare inevitable to mention due to the huge captures forexports carried out in both islands.4INTRODUCTION5

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicCHAPTER 1:DOLPHINARIA IN MEXICOMexico has become one of the most important placesof dolphin trade for commercial purposes. Since theseventies the captive industry started to grow withoutcontrol, flourishing in the nineties based mostly onSWTD programs. No law or regulation was establishedto try to control this activity until 2002.During more than 30 years companies seeking profitunder legal exploitation of marine mammals (bothdolphins and sea lions), could openly build facilities,capture, train, import or export animals with little or noregulation and permits.Besides there was no surveillance on the numberof dolphins captured for each permit. For example,capture permits had a legal period of one year tocapture the dolphins described on it. But withoutsurveillance and regulations one permit could beused more than once to capture other dolphins.Therefore there is no way to trace how many dolphinswere really captured during this 30 year period offlourishing activity. High mortalities as well as primitiveand brutal methods of capture and transport havebeen documented by researchers, but still the realmagnitude of the damage to individual dolphins andthe impact on wild populations remains unknown 1 .Exhibition and DisplayDisplay of captive dolphins started in the earlyseventies with 2 dolphins exhibited outside asupermarket to attract the attention of clients. Thenthe first three facilities started to display dolphins inMexico City. Concrete small tanks were the first type ofconstruction and circus shows were the first activitiesto exploit animals.Ever since, the captive industry grew exponentiallyhaving. Now holding at least 260 dolphins officiallyregistered in 21 facilities and 2 travel shows, belongingto one company only. The features of each facilityaccording to Couquiad 2 , and modified by Alaniz& Rojas, include the so called natural or artificialenvironment, see Table 1 3 .1 Acasuso Signoret Francisco (1981). <strong>Report</strong>e de los Hallazgos Patológicos en diez delfines (Tursiops truncatus). Tesis para obtener el Título de Médico Veterinario Zootecnista, Fac. de Veterinaria,UNAM, México.2 Couquiad, Laurence (2005). A survey of environments of cetacean in human care. Aquatic Mammals 31 (3).3 Alaniz Yolanda, Laura Rojas (2007). DELFINARIOS. México: AGT Editor-Comarino (p.72-74).6 CHAPTER 1: DOLPHINARIA IN MEXICO7

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicTable 1Classifi cation of facilities in Mexico according to the type of installation, natural or artifi cial environment,environmental enrichment, geometric shape of the enclosures and sterile environment.Type of facilityArtificial withSeat RowsArtificial withno seat rowsNatural sea penSemi naturalInterior sea penFacility andlocation1. Atlantis, DF2. Aragón, DF3. Six Flags, DF4. La Feria, DF5. CICI, Acapulco6. Mundo Marino,Guadalajara7. Sea Life ParkNuevo Vallarta8. Centro deInteracciónMarina, Sonora1. DolphinAdventures I, Vallarta2. InteractiveAquarium, Cancún3. Aleta Bay, Q.Roo4. PuertoAventuras, Q.Roo5. IxtapaZihuatanejo, Gro.6. Cabo Dolphins, BCS1. La Paz, BCS 42. Atlántida, Nizuc,Q. Roo3. Atlantida, Cozumel4. Villa Pirata, I.Mujeres5. Chankaanab,CozumelMinimalenvironmentalenrichmentNoNoNoNoNoNoNoNoNoNoNoNoNoNoYesYesYesYesYes6. Mahahual, Q. Roo 5 Yes1. Xcaret2. Xel Ha3. D. Adventures II,VallartaNoNoNoGeometric shapeof enclosuresSterileenvironment4 Though this facility is no longer operating, it is included because the sea pen still remains as a witness of hurricane “Marty” in 2003, which cost the life of 5 dolphins since 7 were left in the seapen during the hurricane. Authorities transported the remaining 2 dolphins to Nuevo Vallarta.5 Mahahual facility was destroyed by a hurricane in 2007, and is no longer operating.YesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesSource: Alaniz & Rojas. DELFINARIOS. AGT. Comarino.YesYesYesYesYesYesYesYesYesYesYesYesYesYesNoNoNoNoNoNoNoNoNoAragon Facility in Mexico City.The fi rst way to exploit dolphins was a regular circusshow in small concrete tanks, activity that lasted formore than 20 years.In general terms, they are very precarious facilities, inwhich two or three dolphins with two marine sea lions,and sometimes clowns that lead the show, generallydisplay a standard spectacle that consists of circusacts, based on conditioning. Dolphins perform theshow from one to three times a day, depending on theattending public. The show consists of jumps, turns,swim with hoops, or use of sunglasses. Though this isthe fi rst activity it is the least profi table. Prices go from$3 to $8.5 USD per person.Dolphin show in Mexico City (Atlantis).Picture session with dolphins after the showAragon facility, Mexico City.After the show people can take a picture with thedolphins for an extra fee. Dolphins jump on theconcrete platform as many times as requested bytrainers and stay still (as much as they can) for thepicture. Usually dolphins make three or four dailyshows during weekends and holidays. From Mondaythrough Friday, school students are taken to thedolphin shows at special rates.Swim With The DolphinsPrograms (SWTD)During the nineties the Swim with the Dolphins Programsemerged and has become the most productive andthe most practiced activity in all facilities.Usually it is done with two or three dolphins by sessionand up to 15-20 people. Regularly facilities sell threetypes of interaction with dolphins and depending onthe type and time that the public remains with thedolphins is the cost to pay. In these sessions peopleenter the confi nement on platforms specially designedfor it, or by going into shallow parts of the pools,where tourists generally receive an explanation of theanatomical characteristics of the animal, such as thefi ns or spiracle.After receiving instructions from trainers, dolphins showtheir body parts during the show and then, the so-calledSwim with the Dolphins takes place. It consists of aseries of behaviors where dolphins touch people, jumpover them, and do other things like the “foot-push”.8CHAPTER 1: DOLPHINARIA IN MEXICO CHAPTER 1: DOLPHINARIA IN MEXICO 9

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicThe “foot-push” consists of a dolphin pushing a tourist’sfeet with speed by using the snout, and then it lets goof the tourist when instructed by the trainer. Theseactivities can include a video and photo of the personwith the dolphin, for which a kiss of the dolphin in theface of the tourist is simulated. Prices for this activityIn spite of the propagation of this activity, there isno conclusive data on the effectiveness of thesetherapies. A detailed methodological study of theprotocols of these programs demonstrates that theyviolate several important methodological criteria,which puts in question their scientifi c legitimacy 6 .In Nuevo Vallarta we found 21 dolphins in two facilitiesvery close to one another, belonging to DolphinTable 2Adventures. This company represents 8% of the total.(See Table 2).Companies and facilities that currently hold dolphins in Mexico, with total percentages 2008.SWTD program in Dolphin Adventures, Nuevo Vallarta.vary depending on the site where the facility is. Themost expensive activities take place in touristy zones,such as Cancun or Puerto Vallarta, where tourists payfrom $100 to $180 USD per person, depending on ofthe kind of activity: interactive, SWTD, or trainer-foroneday. Prices are lower in cities like Mexico.Dolphin Assisted Therapy (DAT)This activity began in Mexico in the early 90’s withthe company CONVIMAR. It is carried out in concretetanks and dolphins are also exploited with performingshows as a complementary activity. Sessions arecommonly every day for two weeks and last about15 minutes. The industry claims this contact withdolphins can heal or at least improve the conditionof sick people, especially those with autism, downsyndrome, bulimia, anorexia, depression, and anxiety,attention defi cit, hyperactivity, and sleeping disorders.The average cost of a therapy of this type is of $120to $150 USD per session.Nose lesions of a dolphin in Nuevo Vallarta.Dolphin FacilitiesIn Mexico there are currently 21 operating facilitiesthat hold dolphins for display. There is also a companydevoted to traveling shows, all over the country 7 .In this report we studied aspects such as the numberof dolphins held in captivity, their origin either bycapture, import, or born captive, but also theirquality of life and the handling of animals by displaycompanies. Important discoveries are noted in themortality description.The two main companies, Dolphin Discovery and ViaDelphi, together hold 143 captive dolphins, whichrepresent 57% of the total. Dolphin Discovery on itsown holds 83 dolphins in 4 facilities, representing32% of all captive dolphins in Mexico 8 .Dolphinaris (former Park Nizuc/ Wet n’ Wild) displays38 dolphins in two facilities at Cancun and Cozumel,representing 15% of the total.Companies and Facilities No. of Dolphins Percentage %Dolphin DiscoveryDD. Aventuras DiscoveryDD. CozumelDDI. MujeresDD. Pto AventurasVia DelphiLos CabosXcaretVia Delphi DreamXel-HaDolphinarisD. CozumelD. Cancun836222332681236614391623Dolphin Adventures 21 8ConvimarAtlantisAragonFerias IIIConvimarDelfiniti Ixtapa 12 4Delfines Interactivos 8 3Centro Guadalajara 6 2Operadora Nal deParques Recreativos4Centro Guaymas 2 1Six Flags 2 1Total 260 100153237Source: SISI. Folio 137608. January, 2009.32261566 Marino, Lori and Lilienfi eld, S. (1998). Dolphin Assisted Therapy: fl awed data, fl awed conclusions. Anthrozoos, 11 (4), 194-2000.7 Alaniz Yolanda, Rojas Laura (2007). DELFINARIOS. Mexico: AGT Editor.8 SISI. SEMARNAT. Folio 137608. January, 2009.10CHAPTER 1: DOLPHINARIA IN MEXICO CHAPTER 1: DOLPHINARIA IN MEXICO 11

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicIn Graphic 1 we can notice the importance of the bigcompanies compared with small ones. Big companieslike Dolphin Discovery, Via Delphi, Dolphinaris andGraphic 1Number of dolphins by company, Mexico 2009.Dolphin Adventure, all located in coastal touristyzones hold together 211 of the total registered captivedolphins, with 81% of the business profit.Captures in Mexico and Other CountriesAccording to the country of origin 161 dolphins werecaptured in Mexican waters or born in captivity; 73 ofliving dolphins were captured in Cuba; 19 dolphinssurvive from an import of 28 dolphins from the SolomonIslands in 2003, and 7 dolphins were imported fromJapan (see graphic 2).Nevertheless many of the dolphins registered ascaptured in Mexico, are born in captivity, or reportedas so. Born captive dolphins are less than 10% ofthe reported total, even if the mother comes fromelsewhere, such as the Solomon Islands, as we willsee later.In the same way 7% of Solomon living dolphins donot represent the real number of dolphins that wereimported in Mexico. This shows the high mortality ofthe species, since 43% have died since the import inJuly 2003 (see graphic 2).Graphic 2Live dolphins by origin reported in Mexico, 2008.83683921Number of Dolphinby CompanyMexico, 2009.1512864 2 2Solomon10%Captive Born10%Japan3%Dolphins by Origin %Mexico, 2008Mexico50%Dolphin DiscoveryVia DelphiDolphinarisDolphin AdventureConvimarDelfiniti IxtapaDelfines InteractivosGuadalajaraOp. NacionalGuaymasSix FlagsCuba27%Source: Table 1.Source: SISI. Folio 137608. January 2009.12 CHAPTER 1: DOLPHINARIA IN MEXICOCHAPTER 1: DOLPHINARIA IN MEXICO13

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicDolphin ImportsAlthough we have found imports as far back as theseventies, there are not reliable registries of this typeof trade. The available ones are not clear in the datathat they provide. Nevertheless, it can be said thatthe immense majority of dolphin imports come fromCuba.In graphic 3 it is possible to appreciate the details ofthe imports made from 1995 to January 2006, whencommercial imports and exports of marine mammalswas prohibited.For this period 79% of the imports came from Cuba,totalling 147 dolphins; followed by the Solomon Islandswith 28 cetaceans in only one shipment, representing14% of the total and making it the single mostnumerous import in the history of the dolphinaria.In third place are the dolphin imports from Japan with11 animals in 2 shipments, which finally represents6% of the total. 2 belugas imported from Russia in1996, represents 1% of the total.It has been a common practice to capture dolphinsfrom the wild in Mexican or Cuban waters to trainthem in Mexico and reexport them to other countries,mostly to Caribbean islands.In graphic 3 there is the percentaje of dolphin importsby country of capture.With the new ban on imports, exports and re-exportsof marine mammals, published in January 2006,imports stopped. The new law only permits import forscientific purposes. So far no facility has submitteda permit to import live animals for these purposes,but rather is lobbying the Mexican Congress to banthe laws, both the one that prohibits captures and thebill prohibiting imports. The real struggle takes placeat the Senate where important companies have beenarguing that these laws are affecting the businessnegatively.Graphic 4Number of dolphins imported in Mexico 1996-2006.We can clearly see that after captures were bannedin 2002, imports started to grow, exposing the factthat no matter how successful captive breeding is,the captive industry still depends on live captures 10(see graphic 3). This fact has to be correlated with themortality causes analyzed later on this paper, whichdemonstrates that a huge percentage of deathsare due to inadequate management and correlateddiseases followed by stress, especially chronicstress 11 .Import of Dolphins to Mexicoby Country of Origin %1995 - 2006Graphic 3Dolphin imports by country of origin 1995-2006 9 .Number of Imported Dolphins1996 - 2006. Mexico.381814131510 1026YearNumber296100480Percentage6040201996 1997 1998 1999 2000 2001 2002 2003 2004 2005 20060Cuba Solomon Japan RussiaSource: Data taken and adapted from Alaniz and Rojas. DELFINARIOS. Mexico: AGT Editor.Source: Environmental Office Mexico.9 Official answers under Transparency Law numbers: 1600010703, 1600297205, 00016000298005, and 0001600016206. Semarnat to COMARINO. (Alaniz & Rojas, Op cit).10 Alaniz & Rojas. DELFINARIOS. Op cit.11 Rose, Naomi, Farinato (2009). The Case Against Marine Mammals in Captivity. Fourth Edition.14CHAPTER 1: DOLPHINARIA IN MEXICOCHAPTER 1: DOLPHINARIA IN MEXICO15

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicCaptive BornDue to the conditions of captivity, captive breedinghad been impossible in Mexico, and there was nointerest in it because captures and imports were acommon practice, without legal problems or any kindof surveillance, so dolphins were easily replaceable.Before 2000 only two captive born dolphins weresucesfully bred. After captures were banned in 2002,and imports in 2006, available data shows that thecaptive industry had to make an effort to improve theconditions of facilities, both tanks and sea pens, toimprove the quality of life in all ways possible with theobjective of having succesful breeding.1614121086420Graphic 5Number of captive born dolphins in Mexico 2000-2008.Graphic 5 shows the number of dolphins reportedas born in captivity since 2000 up to October 2008.Breeding is more succesful in larger and betterconditions provided by some facilities such asDolphin Discovery, Via Delphi, or Xcaret in QuintanaRoo State; which have taken special measures toimprove captive breeding. Generally females chosenfor breeding are not exploited with SWTD programs,or any commercial human interaction.2000 2001 2002 2003 2004 2005 2006 2007 2008Mortality in CaptivityOf the total registered deaths during the last 8 years,we can find clear or discernible causes of death. Thefirst place is occupied by pneumonias, with 20 deaths(8% of the total). The second cause is septicemia andendotoxic shock with 14.6% of the deaths. Both causesrepresent death by infectious sufferings, respiratory ordigestive collapse; altogether representing 35% of thedeaths. Similarly we find deaths due to miopaty andstress at 14.6%.The third cause of death is traumatism andsuffocation. Accidents like asphyxia, skull fractures,or politraumatism occupy the 12.5% of the deaths,making them the third cause of officially registereddeaths.Cardiac and hepatic disease represents 12.6% of alldeaths, without specifying the basic illness behind thefailure.In fifth place are causes such as intestinal or gastricobstruction by strange bodies, or gastric perforation.According to the data obtained in the research thesediseases are preventable under suitable and humanehandling. These types of deaths are higher on travelingshows.Neurogenic shock is the sixth cause summing 12.4%of deaths. In absence of a more accurate diagnosis ofthe base disease that brings animals to a neurogenicshock, we think of an intense pain such as a gastriculcer, intestinal perforation, peritonitis, or a traumatism;to mention those that we know are frequent in captivedolphins.Finally, only 4.2% of deaths could be related to ageand senility.The analysis of the causes of death shows that mostdeaths are related to stress, infection, and irresponsibleor bad handling. The stress of captivity causesinmunosupresion that can lead to the development ofthis type of suffering and the fatal evolution 12 13 .On the other hand, the study of mortality inevitablyshows suffering caused or aggravated by stress, suchas gastric ulcers and gastritis.We found stress underlies in practically 50% ofdolphin deaths in captivity. Preventable deathslike the obstruction of digestive routes by strangebodies, traumatism, and accidents such as asphyxia,represent almost one fifth of total deaths. Finally,death by hipovolemic shock does not clarify if causeswere loss of liquids and electrolytes in the digestivetract or hemorrhage, but it does indicate irresponsiblehandling 14 .Source: Alaniz Yolanda, Rojas Laura. DELFINARIOS. AGT Editor, 2007 Mexico.12 Rose and Farinato (2009). The case Against Marine Mammals in Captivity. HSUS-WSPA Third Edition.13 Frohoff, T.G. (2000). Behavioral Indicators of stress in odontocetes during interactions with humans: A preliminary review and discussion. International Whaling Commission Scientific Committee.SC/52/WW2. 22.14 Alaniz Yolanda, Rojas Laura (2007). DELFINARIOS. Mexico: AGT. COMARINO (p.57-66).16 CHAPTER 1: DOLPHINARIA IN MEXICOCHAPTER 1: DOLPHINARIA IN MEXICO17

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicGraphic 6Causes of death of captive dolphins in Mexico 1997-2005.2520151050PneumoniaSepsisMyopatyStressTraumatismisSoffocationLiverHeart DiseaseGastricObstructionSenilityDestruction of sea pen in Cozumel after Hurricane “Wilma”.Sources: www.sisi.gob.mx. Folios 00016000259305, 000160297905, 0001600019707, 0001600019206,0001600019606, 001600054706, 0001600043006. Taken from: Alaniz Yolanda, Rojas Laura (2007).DELFINARIOS. Mexico: AGT Editor.Travel ShowsTraveling shows are still permitted though onlyone or two companies use dolphins. It has beendemonstrated that transport is the most stressful anddangerous time for the health and life of dolphins.Dolphin deaths are frequent in traveling shows.Registers show dolphins can die as soon as twoweeks or as late as six months after it begins to bemoved around for traveling shows 15 .Causes of registered deaths go from instant deathdue to a crash of a terrestrial vehicle, such as the onereported in Cali, Colombia where 2 dolphins werebeing transported; to gastric ulcer and heart failure,water in lungs (drowning), stomach obstruction (therewas a case of 1.8 kilograms of tree leaves and plasticbags), pneumonia, peritonitis and endocarditis 16 .Facilities and HurricanesBesides the mentioned problems that occur indolphinariums, there is an emerging issue related tobuilding facilities in hurricane paths, which causessevere destruction to dolphin facilities. The incrementin frequency, intensity and duration of the hurricaneseason has damaged many oceanariums anddolphinariums.Such is the case of hurricane “Marty” hitting La Paz,Baja California Sur in 2003; “Emily” affecting the coastsof Quintana Roo in July 2005; “Katrina”, in August2005, totally destroyed the Gulfport oceanariumcausing the loss of several dolphins and sea lionsthat were later rescued; “Wilma” pounded the coastsof Quintana Roo for three days and destroyed threeof the five dolphinariums built under its direct path inOctober 2006.A common element in the cases described above isthat these facilities were not able to shelter all animalsunder their care from the hurricane, leaving them inexposed pens without any protection whatsoever.This has caused the loss and death of many animals,many of which have not been properly reported to theauthorities.15 Alaniz & Rojas (2007). DELFINARIOS. (p.71-76).16 Alaniz & Rojas, Op cit (p.82).18 CHAPTER 1: DOLPHINARIA IN MEXICOCHAPTER 1: DOLPHINARIA IN MEXICO19

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicCHAPTER 2:DOLPHINARIA INDOMINICAN REPUBLICDolphin FacilitiesIn Dominican Republic two companies own threedolphin facilities. Officially there are 24 dolphins inall three of them, distributed as follows: 2 dolphinsin Manatee Park Bavaro, 6 in Dolphin Island, and 16animals in Ocean World 17 .Graphic 7Number of Dolphins by FacilityDominican Republic 2009Number of dolphins20151050Ocean World Dolphin Island ManatiAccording to official data all dolphins were imported, except for one captive born (see graphic 8).17 Dirección de Biodiversidad y Vida Silvestre. Informe sobre delfines. Secretaria de Estado de Medio Ambiente y Recursos Naturales. (Data obtained trough the Office of Access of informationand the Law of Transparency on March 19, 2009).20CHAPTER 2: DOLPHINARIA IN DOMINICAN REPUBLIC 21

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicGraphic 8Dolphins by Country of Origin in Dominican Republic 2009.Dolphins by Country of Origin?14%Capt born4%Official DataCuba57%Dolphin “dancing”at Manatee Park.“Cain” staying pointing towards thecorner for hours, February 2006.Dolphin “Cain” staring at gatein Manatee Park 2009.Honduras25%Source: Dirección de Biodiversidad y Vida Silvestre en República Dominicana. March 2009.On November 1996 Manatee Park applied to importfour dolphins captured in Cuban waters to be used fordisplay and the Swim with the Dolphins Programs.In 2002 Manatee Park captured seven to eight dolphinsfrom the National East Park 19 . By 2006, three dolphinswere remaining and by 2009, only two dolphins remain.During “resting” time, when dolphins are alone withoutinteraction, “Cain” showed stereotyped behavior; hewould swim only to one corner of the concrete tankand stay with its nose pointing towards it, immovablefor a long time. Then it would go to the bottom of thetank, or look through a metal fence, finally going backto the corner.Nevertheless, the data on the facilities’ websites, aswell as the dolphins we found during our fieldworkdiffer from the ones officially reported.They are:“Parques Tropicales S.A” owner of:A. Manatee ParkLocated in Bavaro, Punta Cana, northeast of thecountry, considered an important touristy zone, thisfacility currently holds 5 dolphins in 3 concrete tanks.The main pool is rectangular with a platform for theshow and the SWTD programs. There are seat rowson 2 sides of the stage with a roof to protect the publicfrom the sun. The other pools are smaller and square.The show capacity is of 500 visitors.It began activities in 1995, after a permit to captureten dolphins from Dominican waters. Manatee Parkcaptured two dolphins in March 1996 around the coastof Puerto Plata, in the Atlantic Ocean. The NationalAquarium and the marine guards participated in thecapture.But since July 1996 by decree No 233-96, Art 22,captures were prohibited and as a result the permitwas invalidated, the fate of the 2 dolphins remainsunknown 18 .During the standard show dolphins perform circus acts,as seen in other facilities. But we did find a new act called“dancing”, where two dolphins swim together chest tochest as shown in the picture.During our visit 20 to the thematic park we found twodolphins: a 17 year old male named “Cain”, and a 19year old female named “Lissette”, both imported formCuba.While the male dolphin did not interact with the femaledolphin, “Lissette” would swim in circles clockwise.No interaction between them was observed.The two dolphins participate in the SWTD programsinteracting with up to 15 people and only one trainersupervising. Adults and children participate together.18 FUNDEMAR (Febrero 2008). Informe Los Delfines En Cautiverio En República Dominicana. Borrador.19 FUNDEMAR (2008). Op cit.20 All 3 facilities were visited during fieldwork done from February 28 to March 2nd, 2009.22CHAPTER 2: DOLPHINARIA IN DOMINICAN REPUBLIC CHAPTER 2: DOLPHINARIA IN DOMINICAN REPUBLIC 23

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicSWTD session at Manatee Park 2009. SWDT at Manatee Park in 2006.Photo courtesy of FUNDEMAR.B. Dolphin IslandLocated in Bavaro, Punta Cana, in the Higuey Provincenortheast of the island. This facility is located inside theBarcelo Hotel complex, and both Barcelo and ParquesTropicales are owned by Spanish people 21 . It startedactivities in 2005, with four dolphins transported fromManatee Park.According to official data reported to Dominicanofficers, Dolphin Island currently holds 4 dolphins 22 ,while we found 5 animals in two sea pens in a marineplatform near the beach. All dolphins are reported ascaptured in Cuban waters. They are 3 males named“Javier”, “Toni”, and “Juancho”; and 2 females called“Sasha” and “Mary”.To get to the facility tourists must take a companyboat with full capacity for 20 people. The visitors aretransported to the sea pen, both the ones who willswim with the dolphins and those accompanying thatobserve and take pictures.The square sea pen (80 x 80 meters) is divided in 2big pens holding 2 and 3 dolphins respectively. Thereare also 3 or 4 small pens with 3 sea lions, 3 mantas,and 5 sharks. All enclosures are square.The 20 people on boat are in the SWTD program ortaking pictures. The average per boat is 2-3 peopledo not go into the water, so the other 17-18 go to intothe sea pen with the dolphins.Another boat arrives 15-20 minutes later with 20people who jump into the other sea pen.Simultaneously, there are 17 people with 2 dolphinsand 19 in the on the other pen with 3 dolphins.We observed regular SWTD activities, noting that meninteract more aggressive than women do (see pictureshowing a man putting his hand on dolphin’s back).SWTD at Dolphin Island, February 2009.21 FUNDEMAR (2008).Informe Los Delfines En Cautiverio En República Dominicana. Borrador.22 Dirección de Biodiversidad y Vida Silvestre. Informe sobre delfines. Secretaria de Estado de Medio Ambiente y Recursos Naturales. (Data obtained trough the Office of Access of informationand the Law of Transparency on March 19, 2009).SWTD session at Dolphin Island, note the dominantattitude of the man over the dolphin.In order to get as many swimmers as possible, therewas a third boat with another 20 people arriving, whilesome of the swimmers where still snorkeling withsharks or jumping out of the water.So for some minutes there where more than 60 peopleboth on the platform or inside the pens, all screamingor calling the dolphins, while sea lions looked curiouslyoutside their enclosure with no one interacting withthem.Sea lions looking at the public in Dolphin Island.Having 18-20 people in just one sea pen with 2 or 3dolphins means a real invasion of their pen. Dolphinsare forced to swim near the people having everyonetouching them and after the swim dolphins “kiss”some of the tourists for a picture.More recently this facility started the activity of“snorkeling with dolphins” because of the success23 FUNDEMAR (2008). Los Delfines En Cautiverio En Republica Dominicana. Informe borrador.Ocean World Company. Picture courtesy of FUNDEMAR.among tourists of “snorkeling with sharks”. It takesplace after the controlled interaction with dolphins.Tourists can snorkel by themselves while trainersreceive a new group of tourists.C. Ocean World CompanyThey opened a facility in 2004 at Cofresí, Puerto Plata,on the north coast of the island, inside the marina andCasino complex.According to official data, Ocean World reports 16dolphins, 8 are male, 6 female, and 2 are not specified.Originally 8 dolphins were imported from Cuba, 7 fromHonduras, and one is captive born.This data differs from what’s on their website in whichthe Company reports that 61% of the dolphins arecaptive born, against only the 6% of official data.From the inventory available on its website, OceanWorld currently holds seven dolphins that werecaptured from the wild, including two males now dead(“Fatman Jake” and “Mc Gyver”); eleven dolphins bornin captivity, and one dolphin born from a captive bornmother (second generation) 23 .Ocean World as a whole currently has 17 dolphins: 10females and 7 males.24 CHAPTER 2: DOLPHINARIA IN DOMINICAN REPUBLIC CHAPTER 2: DOLPHINARIA IN DOMINICAN REPUBLIC25

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicGraphic 9Ocean World dolphins by country of origin 2008.Ocean World Dolphins by OriginCaptive born6%Honduras44%Ocean World is a facility inside a Marina with a Casinoas main amusement. The Park also shows two tigers,sharks, exotic birds and sea lions which performstandard shows.It has multiple pens, all squared and of different sizes,where we found twelve dolphins.need to be accompanied by a paying adult (18 yearsor over). One infant per adult. Pregnant women notallowed”. 25In one small and shadowed enclosure 20 people siton the edge of the square pool where one femaledolphin named “Chiquita” is called to get inside theinteraction pen.Cuba50%The activities with dolphins are simultaneous. Allvisitors who pay for any activity go into a room wherethey receive a speech with a toy dolphin to showdolphin anatomy and receive instructions for theSWTD and interactive sessions. After this, people aretaken to the different sea pens.The costs of activities are: 24This interaction consists of one animal with 20 people,all of them touching its belly, so it swims several timesall over the enclosure to be touched. Then “Chiquita”stands in front of each tourist to “shake hands”. Eachperson holds its two flippers with their hands. Afterthis, “Chiquita” is fed by visitors who desire to do so.Finally, it says good bye by “hugging” each participant.See pictures below.Source: Ocean World.Dolphin Encounter: Adult $115 - Child $80Dolphin Swim: Adult $165 - Child $120In about 30 minutes one single dolphin is forced to betouched (its belly) and to hug or kiss 20 people, oneat a time, for at least 3 rounds.Graphic 10Origin of Dolphins by capture or captive born.Origin of Dolphins. Ocean World 2008.CaptureCaptive born61%39%Dolphin Discover Dive: Adults only $195Trainer for a day: $250We noted regular SWTD programs:Foto session: one dolphin is forced to get out of thewater for the picture.SWTD: 16 to 20 people with 2 dolphins.Dolphin Encounter & Show: it is a very special activitywhich deserves more detail, since we found it is thecheapest and at the same time the most invasive.It is a shallow water program claimed as:“Shallow water encounter children 4-12 years need tobe accompanied by a paying adult (18 years or over).Maximum 2 kids per adult. Infants 0-3 years free, butAccording to this, 18 to 20 people touch “Chiquita”,some 60 times during a session period in a very smallpool.We found this activity to be the cheapest; so manypeople pay for it, making it the most invasive activityin Ocean World.We found that there are also 2 dolphins trained tojump on a platform and stay still while visitors are nearthem for a picture.All of these activities take place at the same time, andonce they finish, the next group of visitors go into thefacility and sea pens.Characteristics of enclosures: all sea pens are square,with geometric forms, but no toys or other things todo.Source: Ocean World Website 2009.24 www.oceanworldadventurepark.com25 www.oceanworldadventurepark.eventbrite.com26 CHAPTER 2: DOLPHINARIA IN DOMINICAN REPUBLIC CHAPTER 2: DOLPHINARIA IN DOMINICAN REPUBLIC27

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicCHAPTER 3:LEGISLATIVE ANALYSISI. INTERNATIONAL INSTRUMENTS1. Convention of Biodiversity (CBD) 26“Chiquita” swimming on its back to show its bellyto visitors and to be touched by all of them.“Chiquita” holding each visitor, who holds her in return.“Chiquita” passing by each visitor, who holds its flippers.Dolphin “Dexter” jumping on the platform so tourists cantake pictures at Ocean World 2009.The Convention of Biodiversity is perhaps the mostimportant international instrument for the conservationof the biodiversity. This Agreement was subscribedduring the Conference of the United Nations onEnvironment and Development at Rio de Janeiro, inJune of 1992.The objectives of this Convention are: the conservationof biological diversity, the sustainable use of itscomponents and the right and equitable participationin the benefits that are derived from geneticresources. This agreement recognizes the intrinsicvalue of biodiversity, its ecological and genetic value,in addition to the socioeconomic values, recreationaland aesthetic values, and its conservation interest forall humanity as an important part of development. Itemphasizes that conservation of biological diversity isof common interest to all humanity, and that nationsare responsible for the conservation of their biologicaldiversity and for the sustainable use of their biologicalresources. It recognizes, in general terms, that thereis a notable and worrisome diminution of biologicaldiversity due to human activities, and that preventionis necessary, but it is also necessary to attack thecauses of reduction or loss of biological diversity.Mexico signed on to the CBD in June 1992, 27 whileDominican Republic joined in 1996.One of the most important objectives of thisConvention is recognizing the over exploitation ofresources and the possibility of “In-situ Conservation”which is defined as: the conservation of ecosystemsand natural habitats and the maintenance andrecovery of viable populations of species in theirnatural surroundings and, in the case of domesticatedor cultivated species, in the surroundings where theyhave developed their distinctive properties.In this way in-situ conditions means: conditionswhere genetic resources exist within ecosystems andnatural habitats, and, in the case of domesticated orcultivated species, in the surroundings where theyhave developed their distinctive properties.For the case of dolphinaria and conservation ofdolphins, CBD makes strong recommendations forin-situ conservation 28 , which are compulsory for theParties, inter alia:(a) Establish a system of protected areas, or areaswhere special measures need to be taken toconserve biological diversity;(b) Regulate or manage biological resourcesimportant for the conservation of biologicaldiversity whether within or outside protectedareas, ensuring their conservation andsustainable use;(c) Promote the protection of ecosystems,natural habitats and the maintenance of viablepopulations of species in natural surroundings;(d) Prevent the introduction of, control or eradicatethose alien species which threaten ecosystems,habitats or species;(e) Develop or maintain necessary legislation and/or other regulatory provisions for the protectionof threatened species and populations;(f) Cooperate in providing financial and othersupport for in-situ conservation outlined insubparagraphs (a) to (l) above, particularly todeveloping countries.26 See the full text on www.biodiv.org27 Mexico signed June 13, 1992, the Senate ratified Dec 29, 1982, and it came into force Nov 16, 1994. DOF. June, 1983.28 CBD. Article 8 In Situ Conservation. Op cit.28CHAPTER 2: DOLPHINARIA IN DOMINICAN REPUBLICCHAPTER 3: LEGISLATIVE ANALYSIS 29

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican Republic2. United Nations Law of the Sea(UNCLOS) 29The Law of the Sea Convention defines the rights andresponsibilities of nations in their use of the world’soceans, establishing guidelines for businesses,the environment, and the management of marinenatural resources. The Convention was concludedin 1982 replacing four 1958 treaties. UNCLOS cameinto force in 1994. To date 157 countries, includedMexico and Dominican Republic, and the EuropeanCommunity have joined in the Convention. However,it is now regarded as a codification of the customaryinternational law on the issue.Navigational rights, territorial sea limits, economicjurisdiction, legal status of resources on the seabedbeyond the limits of national jurisdiction, passageof ships through narrow straits, conservation andmanagement of living marine resources, protectionof the marine environment, a marine research regime,and a binding procedure for settlement of disputesbetween States; are among the most importantfeatures of the treaty. In short, the Convention isan unprecedented attempt by the internationalcommunity to regulate all aspects of the resourcesof the sea and uses of the ocean, and thus bring astable order to mankind’s very source of life.Ratification of, or accession to, the Conventionexpresses the consent of a State to be bound by itsprovisions.It becomes very important to mention that UNCLOSrecognizes the special status of marine mammals,since Article 65 makes explicit the right of Parties toprotect marine mammals as strictly as desired:Nothing in this Part restricts the right of a coastalState or the competence of an internationalorganization, as appropriate, to prohibit, limit orregulate the exploitation of marine mammalsmore strictly than provided for in this Part. Statesshall cooperate with a view to the conservation ofmarine mammals, and in the case of cetaceans, shallwork in particular through the appropriate internationalorganizations for their conservation, management andstudy.Also that the same right to protect marine mammalsis established in Article 95:Article 65 also applies to the conservation andmanagement of marine mammals in the high seas.3. Convention on International Trade inEndangered Species of Wild Fauna andFlora (CITES) 30The Convention on International Trade in EndangeredSpecies of Wild Fauna and Flora (CITES) is aninternational agreement between governments,therefore making it a compulsory agreement. Its aimis to ensure that international trade in specimensof wild animals and plants does not threaten theirsurvival. It is one of the most important tools for theprotections of wildlife, and emerged as a responseto the overexploitation of animals and plants, puttingmany of them in threat due to international trade.CITES is an international agreement to which States(countries) adhere voluntarily. States that have agreedto be bound by the Convention (‘joined’ CITES) areknown as Parties. CITES is legally binding on theParties – in other words they have to implement theConvention. The convention was signed in WashingtonDC in 1973, and came into force in 1985. Mexicosigned in March 1991 31 , and Dominican Republic in1982 32 . On table 3 are the dates of accession andof entering into force of the countries involved in thisresearch.Basically CITES implies the commitment of not allowingthe trade of species under Appendix I, II and III, unlesscertain conditions are strictly accomplished.Most species of dolphins used in dolphinaria areincluded in Appendix II, which means:(a) All species, although not necessarily threatenedwith extinction now, may become so unlesstrade in specimens of such species is subjectto strict regulation in order to avoid utilizationincompatible with their survival;Due to the trade we have found of several speciesof dolphins, especially Tursiops truncatus, which isat present time the most generally used, Article IVof CITES has special importance to understand therights of countries to restrain or totally prohibit dolphincommerce.Article IVRegulation of Trade in Specimens of Species Includedin Appendix II.1. All trade in specimens of species included inAppendix II shall be in accordance with theprovisions of this Article.2. The export of any specimen of a species includedin Appendix II shall require the prior grant andpresentation of an export permit. An export permitshall only be granted when the following conditionshave been met:(a) A Scientific Authority of the State of export hasadvised that such export will not be detrimentalto the survival of that species;(b) A Management Authority of the State of exportis satisfied that the specimen was not obtainedin contravention of the laws of that State for theprotection of fauna and flora; and(c) A Management Authority of the State of exportis satisfied that any living specimen will be soprepared and shipped as to minimize the risk ofinjury, damage to health or cruel treatment.3. A Scientific Authority in each Party shall monitorboth the export permits granted by that State forspecimens of species included in Appendix II andthe actual exports of such specimens. Whenevera Scientific Authority determines that the export ofspecimens of any such species should be limited inorder to maintain that species throughout its rangeat a level consistent with its role in the ecosystemsin which it occurs and well above the level at whichthat species might become eligible for inclusionin Appendix I, the Scientific Authority shall advisethe appropriate Management Authority of suitablemeasures to be taken to limit the grant of exportpermits for specimens of that species.4. The import of any specimen of a species includedin Appendix II shall require the prior presentation ofeither an export permit or a re-export certificate.5. The re-export of any specimen of a speciesincluded in Appendix II shall require the prior grantand presentation of a re-export certificate. A reexportcertificate shall only be granted when thefollowing conditions have been met:(a) A Management Authority of the State of reexportis satisfied that the specimen wasimported into that State in accordance with theprovisions of the present Convention; and(b) A Management Authority of the State of reexportis satisfied that any living specimen willbe so prepared and shipped as to minimizethe risk of injury, damage to health or crueltreatment.6. The introduction from the sea of any specimenof a species included in Appendix II shall requirethe prior grant of a certificate from a ManagementAuthority of the State of introduction. A certificateshall only be granted when the following conditionshave been met:(a) A Scientific Authority of the State ofintroduction advises that the introduction will29 See the full text on www.un.org/Depts/los/convention_agreements/texts/unclos/closindx.htm30 Text available on www.cites.org31 DOF. March 6 1992.32 Resolution No 550-82. June 17 1982.30 CHAPTER 3: LEGISLATIVE ANALYSIS CHAPTER 3: LEGISLATIVE ANALYSIS 31

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican Republicnot be detrimental to the survival of the speciesinvolved; and(b) A Management Authority of the State ofintroduction is satisfi ed that any living specimenwill be so handled as to minimize the risk ofinjury, damage to health or cruel treatment.7. Certifi cates referred to in paragraph 6 of thisArticle may be granted on the advice of aScientifi c Authority, in consultation with othernational scientifi c authorities or, when appropriate,international scientifi c authorities, in respect ofperiods not exceeding one year for total numbersof specimens to be introduced in such periods.It is very important to mention that all countriesinvolved in dolphin trade in this report are members ofCITES, with the exception of the Solomon Islands.When the government of a State decides that it willbe bound by the provisions of CITES, it can ‘join’ theConvention by making a formal declaration to thiseffect in writing to the Depositary Government, whichis the Government of Switzerland. Once a documentcontaining this declaration has been received bythe Depositary, through the diplomatic channel, theConvention enters into force for the State concerned90 days later, according to Article XXII.Table 3Countries that are part of CITES, and dates it came into force 33 .Country Date of Accession Date of entry into forceCuba 17/04/1986 19/07/1990Dominican Republic 17/12/1986 17/03/1987Honduras 15/03/1985 13/06/1985Mexico 02/07/1991 30/09/1991Japan 06/08/1980 (Ac) 04/11/1980Note: (Ac) Acceptance.A State for which the Convention has entered intoforce is called a Party to CITES 34 .The list of countries (mentioned in this report) anddates of signature, and when the convention cameinto force are as follows:4. Code of Conduct of ResponsibleFisheries (FAO) 35This Code of international scope, though it is notcompulsory, has the basic elements to face overfi shing all over the world.Its fi rst predecessor was the Nineteenth Session inMarch 1991 of the Committee on Fisheries (COFI). Asa result of this conference in Rome, the Committeecalled for the development of new concepts, whichwould lead to responsible, sustained fi sheries. Theresult of this request was a meeting in Cancun, Mexicoin 1991 with the Declaration of Cancun as a fi rst stepfor the Code of Conduct.The code, establishes, in a non-mandatory manner,principles and standards for the conservation,management and development of all fi sheries. The FAOConference adopted the Code on October 31st, 1995.This Code is voluntary. However, certain parts of it arebased on relevant rules of international law. The Codeprovides principles and standards applicable to theconservation, management and development of allfi sheries. It also covers the capture, processing andtrade of fi sh and fi shery products, fi shing operations,aquaculture, fi sheries research and the integration offi sheries into coastal area management.The objectives of the Code are, inter alia, to establishesprinciples, in accordance with the relevant rules ofinternational law for responsible fi shing and fi sheriesactivities, taking into account all their relevant biological,technological, economic, social, environmental andcommercial aspects; establish principles and criteria forthe elaboration and implementation of national policiesfor responsible conservation of fi sheries resourcesand fi sheries management and development; serveas an instrument of reference to help States establishor improve the legal and institutional frameworkrequired for the exercise of responsible fi sheries andin the formulation and implementation of appropriatemeasures.As general principles of the code, we fi nd: States andusers of living aquatic resources should conserveaquatic ecosystems. The right to fi sh carries with itthe obligation to do so in a responsible manner so asto ensure effective conservation and management ofthe living aquatic resources.One of the most important principles of the Code ofConduct is the one that refers to the PrecautionaryApproach, in Article 7.5:7.5.1 States should apply the precautionary approachwidely to conservation, management and exploitationof living aquatic resources in order to protect themand preserve the aquatic environment. The absence ofadequate scientifi c information should not be used asa reason for postponing or failing to take conservationand management measures.7.5.2 In implementing the precautionary approach,States should take into account uncertainties relatingto the size and productivity of the stocks, referencepoints, stock condition in relation to such referencepoints, levels and distribution of fi sh mortality and theimpact of fi shing activities, including discards, on nontargetand associated or dependent species, as wellas environmental and socio-economic conditions. 36II. REGIONAL AGREEMENTS1. Convention for the Protectionand Development of the MarineEnvironment for the Wider CaribbeanRegion 37 and the Protocol ConcerningSpecially Protected Areas and Wildlife(SPAW Protocol) 38The Convention is the only region-wide environmentaltreaty that protects critical marine and coastalecosystems, while promoting regional co-operationand sustainable development.The Cartagena Convention is a comprehensiveumbrella agreement for the protection anddevelopment of the marine environment. This regionalenvironmental convention provides the legal frameworkfor cooperative regional and national actions in theWider Caribbean Region (WCR).The Convention for the Protection and Developmentof the Marine Environment in the Wider CaribbeanRegion was adopted in Cartagena, Colombia onMarch 24, 1983 and entered into force on October11, 1986, for the legal implementation of the ActionPlan for the Caribbean Environment Programme.Mexico signed this Convention in 1983, and ratifi ed inApril 1985 39 ; while Dominican Republic adopted andratifi ed in November 1986 40 .33 www.cites.org/eng/disc/parties/index.shtml34 www.cites.org/eng/disc/parties/alphabet.shtml35 See the text at: www.fao.org/DOCREP/005/v9878e/v9878e00.htm36 To see the whole Text of the Code: ftp://ftp.fao.org/docrep/fao/005/v9878e/v9878e00.pdf37 See www.cep.unep.org/welcome/cartagena-convention38 See text on www.cep.unep.org/pubs/legislation/spaw.html39 DOF. April 11 1985.40 Resolution No 359-98. August 19, 1998.32CHAPTER 3: LEGISLATIVE ANALYSISCHAPTER 3: LEGISLATIVE ANALYSIS33

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicTherefore the main obligations of the Parties are:1. The Contracting Parties shall endeavor toconclude bilateral or multilateral agreementsincluding regional or sub regional agreements,for the protection of the marine environment ofthe Convention area. Such agreements shall beconsistent with this Convention and in accordancewith international law. Copies of such agreementsshall be communicated to the Organization and,through the Organization, to all signatories andContracting Parties to this Convention.1.1 Specially Protected Areas and WildlifeProtocol (SPAW Protocol)Adopted in Kingston, Jamaica by the membergovernments of the Caribbean EnvironmentProgramme on January 18, 1990. The SPAWProtocol preceded other international environmentalagreements in utilizing an ecosystem approach toconservation. The Protocol acts as a vehicle to assistwith regional implementation of the broader and moredemanding global Convention on Biological Diversity(CBD).Map 1Map of countries that have ratifi ed the SPAW Protocol.2. This Convention and its protocols shall beconstrued in accordance with international lawrelating to their subject matter. Nothing in thisConvention or its protocols shall be deemed toaffect obligations assumed by the ContractingParties under previously contracted agreements.The Convention is supplemented by three Protocols:Oil Spills Protocol (1983); Specially Protected Areasand Wild life Protocol (1990-2000); Land BasedSources of Marine Pollution Protocol (1999).Table 4The SPAW Protocol became international law in June2000, when it was ratifi ed by the ninth ContractingParty. Though Mexico signed the Protocol in 1998, ithas not been ratifi ed yet. Dominican Republic signedand ratifi ed in 1998 41 . It is important to mention forthe purpose of this report, that Cuba, who is the mainexporter of dolphins, both to Mexico and DominicanRepublic, signed on January 18, 1990, and ratifi edon August 4 th , 1998. On the other hand, Honduras,which exports dolphins to Dominican Republic hasnot signed the SPAW Protocol.Countries that are part of SPAW Protocol, and dates of ratifi cation 42 .Country Date of Signing Date of RatificationDominican Republic 15/03/1985 13/06/1985Mexico 1998 -Cuba January 1990 August 1998Honduras - -Note: (Ac) Acceptance.The countries that have signed on are: Antigua andBarbuda, Colombia, Cuba, France, Guatemala,Jamaica, Mexico, Netherlands, Saint Lucia, Trinidadand Tobago, United Kingdom of Great Britain andNorthern Ireland, United States of America, andVenezuela.The Protocol works through detailed provisions toaddress the establishment of protected areas andbuffer zones for wildlife conservation; national andregional co-operative measures for the protectionof animal and plants species; and environmentalassessments, research, education, public awareness,community participation, capacity building andregional cooperation.One of the objectives of the Protocol is to protectendangered species. All marine mammals areconsidered in Annex II of the SPAW Protocol list whichmeans endangered animals.Source 43 .Article 10 of the Protocol provides the main measuresto protect wild fl ora and fauna, especially those listedas dolphins. Due to its importance we reproducethose articles related to the protection of dolphins,both in wild life and in captivity.1. Each Party shall identify endangered or threatenedspecies of fl ora and fauna within areas over whichit exercises sovereignty, or sovereign rights orjurisdiction, and accord protected status to suchspecies. Each Party shall regulate and prohibitaccording to its laws and regulations, whereappropriate, activities having adverse effects onsuch species or their habitats and ecosystems,and carry out species recovery, management,planning and other measures to affect the survivalof such species. Each Party, in keeping with itslegal system, shall also take appropriate actionsto prevent species from becoming endangered orthreatened.41 Ratifi ed trough Resolution No. 359-98., August 18 1998.42 www.cites.org/eng/disc/parties/alphabet.shtml 43 www.cep.unep.org/cartagena-convention/ratifi cation-spaw.png/view34CHAPTER 3: LEGISLATIVE ANALYSISCHAPTER 3: LEGISLATIVE ANALYSIS35

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican Republic2. With respect to protected species of flora and theirparts and products, each Party, in conformity withits laws and regulations, shall regulate, and whereappropriate, prohibit all forms of destruction anddisturbance, including picking, collecting, cutting,uprooting or possession of, or commercial tradein, such species.3. With respect to protected species of fauna, eachParty, in conformity with its laws and regulations,shall regulate, and where appropriate, prohibit:a. The taking, possession or killing (including,to the extent possible, the incidental taking,possession or killing) or commercial trade insuch species or their parts or products; andb. To the extent possible, the disturbance of wildfauna, particularly during the period of breeding,incubation, aestivation or migration, as well asother periods of biological stress.Of special interest is Article 25 of the Protocol, since ithas be misunderstood as to express the dominanceof CITES over the SPAW Protocol.Article 25Relationship to other conventions dealing with thespecial protection of wildlife.Nothing in this Protocol shall be interpreted in a waythat may affect the rights and obligations of Partiesunder the Convention on International Trade inEndangered Species of Wild Fauna and Flora (CITES)and the Convention on the Conservation of MigratorySpecies of Wild Animals (CMS).During the Ninth Intergovernmental Meeting on theAction Plan for the Caribbean Environment Programmeand Sixth Meeting of the Contracting Parties to theConvention for the Protection and Development of theMarine Environment of the Wider Caribbean Regionthat took place in Kingston, Jamaica in February 2000,a special work of legal Assessment of “Compatibility”between these two issues was presented by expertsto clean all doubts, establishing the total compatibilitybetween them 44 .The most important issues in the Legal Assessmentare:• Whether or not could Article 25 of the SPAWProtocol be interpreted as a clause foreseeingthe expressed primacy of the global treaty CITES,or could it be considered as a declaration ofcompatibility (according to Article 30, paragraph2, of the Vienna Convention). In fact, the meaningof Article 25 is that it “reflects the generalunderstanding among the negotiators that theybelieved that the provisions of SPAW could beinterpreted and implemented consistently withCITES”. This hypothesis is supported by the factthat Article 30 of the Vienna Convention on the Lawof Treaties is devoted exclusively to successivetreaties relating to the same subject matter. TheSPAW Protocol and the CITES Convention are nottwo treaties on the same subject. Therefore Article30 cannot be used to justify a presumed primacyof CITES.• Whether or not Article XIV of CITES allows acontracting Party to adopt stricter domesticmeasures. Since this Article refers to the rightsof Parties, would a contracting Party to SPAWbe expected to develop the stricter domesticlegislation required implementing its provisions.No. A Party to SPAW or to CITES has the duty toimplement the provisions of the agreement to whichit is a Party. In both cases the Party would have thepossibility to adopt stricter national legislation. Thismeans that if a State Party to CITES and SPAWdoes not adopt the measures foreseen in SPAW-which are in fact stricter than the ones of CITESthiswould constitute a violation of the SPAWProtocol but not a violation of article XIV of CITES.The reason is that the two agreements are differentand therefore create distinct legal obligations. Allthe authors agree with this point of view.• Small cetaceans are listed on Appendix II of CITES(trade is regulated), but on Annex II of SPAW (tradeor possession is prohibited). Article 25 of SPAW hasbeen interpreted by some recent signatory Partiesto SPAW to mean that they have an automaticexemption to trade small cetaceans if they chooseto, because it is their right under CITES. Is it thecase that Article 25 of SPAW provides specificexemptions under the Protocol?Article 25 of the SPAW Protocol does not providefor any exemption to CITES obligations because itis a different agreement. The provisions of CITEScannot generate exemptions under the SPAWProtocol -and neither vice versa-, since they aretwo different legal instruments and thereforecreate different rights and obligations upon theirrespective Parties. If a given State is a Party to bothagreements it has to comply with its obligationsunder both legal regimes. The distinct obligationsunder one of the agreements must be performedregardless of the Party’s rights and obligationsunder the other agreement.• By performing the obligations under a treaty exactlyas they are therein stated, as well as by limiting itsbehavior and actions in a more stringent way thanthat allowed by the treaty, a State is complyingwith its obligations under that treaty. States have infact the freedom to limit their behavior to a stricterway than that required by an international treaty.Article XIV of CITES explicitly provides for the rightof Parties to adopt “stricter domestic measuresregarding the conditions for trade, taking,possession or transport of specimens included inAppendices I, II or III, or the complete prohibitionthereof”. If CITES obligations are less strict thanthose under the SPAW Protocol, in order tocomply with both agreements, a Party to them hasto follow the stricter obligations and adopt stricterdomestic measures. A Party to both agreementshas accepted to be bound by the obligationsforeseen in the agreements, but by becoming aParty to the stricter treaty it has implicitly agreedto renounce to actions that would be permissibleunder the less strict treaty.• The three papers coincide in affirming that Article25 of the SPAW Protocol can certainly not beinterpreted in this way. Again, it must be underlinedthat CITES and SPAW are two different agreementsand must therefore be independently implemented.What is envisaged in one of these internationaltreaties cannot be used as an exemption in ordernot to comply with what is provided in the other.The general principle stated in Article 26 of theVienna Convention is applicable to this case.This principle is Pacta sunt servanda which, asexplained in the mentioned article, means that“every treaty in force is binding upon the Parties toit and must be performed by them in good faith”.Article 25 of SPAW cannot be interpreted, in goodfaith, as an exemption clause.Therefore:Article 25 of SPAW cannot be interpreted, in goodfaith, as an exemption clause.2. Central America Free TradeAgreement (CAFTA) 45Signed by Dominican Republic in 2005, CAFTAentered in force in March 2007. It is a free tradeagreement treaty under international law, compulsoryfor its Parties. Mexico is not Part of this Treaty, sinceit is part of North American Free Trade Agreement(NAFTA). So, it is only compulsory for DominicanRepublic, for the effects of this report.The goal of the agreement is the creation of an areaof free trade, similar to the one established by NAFTA-which encompasses US, Mexico and Canada- inCentral America.As all general agreements, in the preamble, Partiesrecognize their obligation to:IMPLEMENT this Agreement in a manner consistentwith environmental protection and conservation,promote sustainable development, and strengthentheir cooperation on environmental matters; PROTECT44 UNEP (DEC)/CAR IG.17/INF.5 Legal Assessment on “Compatibility” issues between the Protocol Concerning Specially Protected Areas and Wildlife (SPAW) to the Cartagena Convention andthe Convention on International Trade in Endangered Species (CITES). 45 Resolution 357-/05. September 8, 2005.36 CHAPTER 3: LEGISLATIVE ANALYSIS CHAPTER 3: LEGISLATIVE ANALYSIS37

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican Republicand preserve the environment and enhance the meansfor doing so, including through the conservation ofnatural resources in their respective territories;Article 17.2: Enforcement ofEnvironmental Laws1. (a) A Party shall not fail to effectively enforce itsenvironmental laws, through a sustained orrecurring course of action or inaction, in amanner affecting trade between the Parties, afterthe date of entry into force of this Agreement.(b) The Parties recognize that each Party retainsthe right to exercise discretion with respectto investigative, prosecutorial, regulatory, andcompliance matters and to make decisionsregarding the allocation of resources toenforcement with respect to other environmentalmatters determined to have higher priorities.Accordingly, the Parties understand that a Partyis in compliance with subparagraph (a) where acourse of action or inaction reflects a reasonableexercise of such discretion, or results from abona fide decision regarding the allocation ofresources.2. The Parties recognize that it is inappropriate toencourage trade or investment weakening or reducingthe protections afforded in domestic environmentallaws.Accordingly, each Party shall strive to ensure that itdoes not waive or otherwise derogate from, or offerto waive or otherwise derogate from, such laws ina manner that weakens or reduces the protectionsafforded in those laws as an encouragement for tradewith another Party, or as an encouragement for theestablishment, acquisition, expansion, or retention ofan investment in its territory.3. North American Free TradeAgreement (NAFTA) 46Signed on December 8 th , 1993, the NAFTA Treatyis one of the most powerful trade treaties of theworld. It is compulsory for the three countries. It hasan environmental supplement, which is the NorthAmerican Agreement of Environmental Cooperation.In Article 3 of this Agreement 47 we find theobligations for levels of protection:Recognizing the right of each Party to establish itsown levels of domestic environmental protection andenvironmental development policies and priorities,and to adopt or modify accordingly its environmentallaws and regulations, each Party shall ensure thatits laws and regulations provide for high levels ofenvironmental protection and shall strive to continueto improve those laws and regulations.III. NATIONAL LAWS1. MexicoMexican laws recognize under the Constitution thatnatural resources are property of the Nation and theirconservation is of common interest 48 . Under the sameConstitution the Congress, Chambers of Deputies andSenators have the faculty to legislate on environmentalissues 49 . Derived from the Constitution is the GeneralLaw of Environment, which is the highest regulationfrom which every other law derives:A. General law of ecological equilibriumand the protection of environmentFirst Published in 1998 50 has been reformed manytimes, ever since the first reform in 1996 51 . Amongother objectives and principles, it mentions thepreservation of biodiversity, and natural habitats ofspecies in Mexican territory, including Mexican seas.One of the most important criteria is the preservation ofendemic and endangered species and the respectfultreatment to animal species 52 .B. Wildlife lawPublished in July 2000, it is based on the chapter ofBiodiversity from the General Law of Environment,and attracts under its protection specially endangeredspecies, both plants and animals.Derived from this Law is the Norm 059 List of Speciesat Risk 53 . In this Norm all species of dolphins are underthe category of “under special protection” meaning“Those that could become threatened by factorsthat affect in a negative way their viability, reasonwhy the need to be recovered and conserved, or theconservation of assonated species is determined” 54 .Before the publication of this Law, capture of dolphinswas permitted under the Law of Fisheries and wasconsidered as a fishery.The permits were named “Pesca de Fomento”(furtherance fishing) defined as the fishery that hasthe purpose of study, research, experimentation,repopulation o conservation of resources, as well asthe collect of live species for scientific collections, orthose for ornament, display, aquaria and zoos.This Law classifies all facilities as UMAs (Unidadesde Manejo y Aprovechamiento) or Management andUse Units, which incorporates both conservation andan exploitation figure, without any distinction. Zoos,aquaria, circuses, as well as hunting fields are includedin the ”UMA” legal figure.The Wildlife Law prohibits expressly the cruelty againstwild fauna during its exploitation: “any act of crueltyagainst wild fauna is strictly prohibited in the terms ofthis law and the derived norms”. Referring to animalsfor exhibition, such as dolphin display, it is establishedthat “the exhibition of live specimens of wild fauna willhave to take place in a way that avoids or diminishesstress, suffering and pain” 55 .Nevertheless, the lack of definitions of such terms as“cruelty” or “diminish suffering”, make them terms thatcan be manipulated depending on who defines them,so the good application of the law is impossible. Thecaptive industry has taken advantage of this, as wellas the fact that officials apply laws discretionally.On the other hand there are good pieces of law,especially on marine mammals and the capture andimport for captivity. Captures of marine mammalswere prohibited in 2002 56 :“No specimen of any marine mammal, no matterwhat specie, could be subject of extractive takingfor commercial or subsistence purposes, with theexception of the capture intended for both scientificresearch and the superior education of creditedinstitutions” 57 .In the same way imports, exports and re-exports ofmarine mammals were prohibited in a bill adopted in2006, after a scandal due to the massive import of 28dolphins from the Solomon Islands in June 2003.46 See full text at www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/nafta-alena/texte/index.aspx47 See full text at www.cec.org/pubs_info_resources/law_treat_agree/naaec/naaec03.cfm?varlan=English48 Constitución Política de los Estados Unidos Mexicanos. Art. 25 and 27.49 Costitución Política de los Estados Unidos Mexicanos. Art. 73, Fraccion XXIX-GNORMA Oficial Mexicana NOM-059-ECOL-2001, Protección ambiental-Especies nativas de México de flora y fauna silvestres. Categorías de riesgo y especificaciones para su inclusión, exclusióno cambio. Lista de especies en riesgo.50 DOF. January 28, 1998.51 DOF. December 13, 1996.52 Ley General de Equilibrio Ecológico y la Protección al Ambiente. Art. 79, fracción I-VIII.53 Diario Oficial de la Federación. March 6, 2002.54 Article 57, fraction C. Ley General de Vida Silvestre.55 Ley General de Vida Silvestre. Chapter VI; Articles 29-34.56 Art. 60 Bis. Wildlife Law57 Diario Oficial de la Federación. January 10, 2002. Decreto por el que se adicionan diversas disposiciones de la Ley General de Vida Silvestre.38 CHAPTER 3: LEGISLATIVE ANALYSIS CHAPTER 3: LEGISLATIVE ANALYSIS39

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican Republic“The import, export and re-export of specimens of anyspecie of marine mammal or primate, as well as itsparts and derivatives, is prohibited with the exceptionof those destined for scientific research, with previousauthorization from the Secretary” 58 .C. Criminal codeThe Criminal Code clearly establishes any act ofdamage, capture, traffic or kill of any specie of marinemammal as a crime:“A penalty of nine years of prison and the equivalentof three hundred to three thousand days of salary, willbe ordered to whom illicitly: captures, damages, ordeprives of life any specimen of marine mammal orsea turtle, or in any way collects, stores their productsor by-products” 59 .It considers the act of introducing exotic species innatural protected areas as an environmental crime.D. Regulation norm for marine mammalsin captivity 60Nom 135 was published in 2004, due to public pressureto regulate facilities. It establishes norms for capture,scientific use, transportation, exhibition, handlingand the keeping of marine mammals in captivity. Thepurpose is to avoid mistreatment, provide suitableconditions that safeguard the animals’ physical,social and behavioral integrity, as well as foments theconservation and protection of the referred species.The activity regulated is the Swim with the DolphinsPrograms. Yet this activity is still badly regulated,since it permits up to ten people with a single dolphinper session, no matter how long that session is; andonly one supervisor for 32 or 40 people. Dolphins canwork up to 4 hours per day.This norm eliminates the regulations on protectionareas such as sanctuaries and buffer zones, sincethese are no longer required! Leaving dolphins totallyexposed to human interaction, and with little or nosupervision from a trainer.Buffer and sanctuary zones were first considered bySEMARNAT in 2001 61 . Their first Norm had establishedthree areas limiting interaction for the protection ofthe animals: the interactive area; the buffer zone (anintermediate area where the public cannot enter), andthe sanctuary zone, the biggest area of all, where nointeraction, harassment, or training is allowed. In thesanctuary dolphins could swim freely, even during thesessions. Sick animals were also prohibited in SWTDprograms.All of these regulations were eliminated the new norm,now the captive industry had a norm that suitedthem, not animals. Every company participated in theelaboration of the new norm.Another aberration in the new Norm is related totraveling shows. These had been forbidden, but withthe Norm of 2001 the restriction was abolished. Eventhough it is well known that the highest suffering andmortality rates are due to this activity. Many animals diedue to terrestrial transportation or the bad conditionsof the small concrete tanks used for the shows.This new regulation is really a deregulation,decrementing the health, life and quality of life ofcaptive animals. All of these conditions lead dolphinsnot only to a premature death, but also a stressfuland precarious life as showed in the causes of deathdeclared officially by facilities.Most of the deaths are clearly correlated with capture,transport, irresponsible handling, and enclosureconditions. All of these factors are at the basis of acontinuous, chronic stress dolphins finally yield to.58 Diario Oficial de la Federación. January 26, 2006. Decreto por el que se reforman y adicionan diversas disposiciones de la Ley General de Vida Silvestre; Art. 55 Bis59 Código Penal Federal. Art. 420.60 Diario Oficial de la Federación. August 27, 2004.Norma Oficial Mexicana. NOM-EM-135-SEMARNAT-2004. Para la regulación de la captura para investigación, transporte, exhibición, manejo y manutención de mamíferos marinos en cautiverio.61 Diario Oficial de la Federación. June 8, 2001.2. Dominican RepublicA. General law of the environment andnatural resources 62The General Law of the environment was publishedin the year 2000. It recognizes natural resources ascommon property of the State; and actions suchas the conservation and protection of naturalresources are of national interest (Articles 3 and 4).According to International instruments the DominicanLaw adopts the Precautionary Principle, which “mustprevail over any other criteria in public administration.The lack of absolute scientific certainty will not be ableto justify the inaction to adopt preventive and effectivemeasures in all activities that impact environment”(Art. 8).There is a special disposition in Article 140 thatrecognizes the status of endangered species is tobe respected by all other nations, in consideration totheir fishing, capture, harassment, etc.ART. 140 - Species of flora and fauna declaredendangered or threatened by Dominican Republicor any other State, are forbidden for hunting, fishing,capture, harassment, mistreatment, death, traffic,import, export, trade, manufacture or elaboration ofcrafts, as well as for exhibition and illegal possession;according the international treaties signed by theDominican State.B. National decrete for the application ofthe cites convention 63This is a national rule to be able to implement theCITES Convention at a local level. It was approvedvery recently and, in general terms, accomplishesall the requirements of the Convention. We presenthere a reproduction of the most important piecesand articles referring to dolphin imports. Imports areallowed in Dominican Republic even though captureshave been banned, as stated above.62 Ley General de Medio Ambiente y Recursos Naturales. Ley 64-00. Santo Domingo, Dominican Republic, August 18, 2000.63 Decreto Nacional de Aplicación de la Convención CITES No 1288-04. October 1st, 2004.64 Decreto No 319-86. October 4, 1986.Later we will look into the regulations for marinemammals in confinement.Art. 18 - The Administrative Authority can authorizepermits or certificates for the import, export, re-exportor introduction from the sea of specimens of thespecies listed in Appendix I, II and III if the followingconditions are met:(a) The Scientific Authority has considered that theexport will not go in detriment of the involvedspecies.(b) The Administrative Authority will give the permissionor certificate if there is certainty that the involvedspecimen has not been obtained in disobedienceof the effective legislation of the States Part of theConvention;(c) The import of a specimen pertaining to one of thespecies listed in Appendix II or III, will be authorizedsolely if the Administrative Authority has evidenceon the previous expedition of an export permit,a certificate of re-export, or a certificate of originfrom the Administrative Authority of the exportingState, in accordance with what is requested in theCITES Convention.(d) The specimens of a specie of animal listed inAppendix I or II that have been reproducedin captivity can not be commercialized unlessregistered by the Administrative Authority, and eachnew animal has been individually and permanentlymarked in a way that their alteration or modificationby a unauthorized person is difficult or impossible.The conditions for the registry are determined bythe Administrative Authority.C. Presidential decree of a sancturay forhumbback whales in Banco de la Plata 64This is a very important decree since it not onlyprotects Humpback whales, but all marine mammalspecies; prohibiting their kill, capture, or damage, as40 CHAPTER 3: LEGISLATIVE ANALYSIS CHAPTER 3: LEGISLATIVE ANALYSIS41

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican Republicwell as the impact on their habitats with explosives,fisheries, or pollution:Art. 3 - Within the area of the Sanctuary the followingare prohibited: slaughter, capture or injury of anymarine mammal, the use of explosives or electricalpolluting depots.Art. 4 - The dredged perforation and any form ofalteration of the bottom of the sea, or construction ofany structure to aid navigation is prohibited withoutthe corresponding permission of the GoverningCommission.D. Presidential decree of the Sanctuaryfor Marine Mammals in DominicanRepublic (SMM) 65It enlarged the Sanctuary for Marine Mammals toBanco de La Navidad and part of Samana Litoral,with the objective of protecting all species of marinemammals from harm in more than 25,000 km 2 in theAtlantic 66 .E. Crimes against the environmentArt. 175 - of the Environmental Law defines as acrime the act of hurting any marine mammal, sincethey are a protected species:Ordinal 3 “Who hunts, illegally captures or causes thedeath of species declared in extinction, protected orendangered”.Ordinal 4 “Who uses explosives, poison, traps or otherinstruments or arts that damages or causes sufferingto aquatic species of terrestrial fauna or others thatare endemic, native, resident or migratory ones” 67 .F. Law of fishery and acuaculture 68Art. No. 46 of this law protects all marine resourcesfrom illegal exploitation and use. According to theEnvironmental Law, any specie declared underprotection by the Country or any International Treatysigned by Dominican Republic is considered as so:“The exploitation of those protected marine resourcesis prohibited, whether protected by Dominican Law orInternational treaties signed by Dominican Republic.Marine mammals as well as marine and river turtlesare included in this part”.G. Rules on handling, management andexhibition of marine mammal species inDominican Republic 69The main objective of these rules is to get an effectivecontrol of facilities and a better efficiency in handling,management and the exhibition of marine mammalsin confinement. It regulates only 3 species of dolphins:Tursiops trucatus, Delphinus delphis and Stenella sp.The most important content of this regulation is theestablishment of measures for many aspects of facilitiesthat hold dolphins, such as confinement sizes, qualityof water and salinity concentrations; feeding, qualityof nutrients according to age, weight and physicalconditions of the animals. It also requires a clinical checkup every moth, and a full check up every six monthsby a veterinarian. It orders a removal of organic wastesat least once a day; and establishes the obligation ofnotifying any death or dolphin escape to authorities 70 .The rules allow 6 activities with dolphins: swim with thedolphins, exhibition and entertainment, environmentaleducation, research, conservation, and breeding 71 .But the only regulated activity is the so called exhibition,and even so, is mistaken, because it really refers tointeraction with humans and not performance, asseen bellow:Chapter VII ExhibitionArticle 22 - The time of interaction of each specimenwith the public will not exceed three (3) hours per day.The specimens that participate in these sessions willhave a period of twelve (12) continuous hours withoutinteraction with the public.Paragraph - Previous to each session of interaction,the public will receive instructions for their behaviorand security.This confusing mistake leaves behind all otheractivities with only performance and environmentaleducation supposedly remaining. Yet, the text showsthat the main activity and interest of facilities is theprofit obtained through SWTD programs.It should also be mentioned that it is very ambiguousto just give the public instructions for their safety andcorrect behavior. It means nothing if these rules arenot provided with detailed descriptions and definitionsof what is right and what is wrong. There are too manyrisks in a wrong behavior, and essential issues suchas the number of people allowed in each interactionshould be dealt with. I think that supervision is alsoan important element to avoid accidents during theinteraction.A national inventory of marine mammals in confinementis established, but not available to the public yet, atleast on the website of the Ministry of Environment 72 .Transport is well regulated by Annex I and II andreinforces the requirements of CITES for internationaltransportation. Nevertheless it is full of ambiguous termssuch as adequate size of containers or appropriateventilation. Without specification these terms areagain susceptible to subjective interpretation.According to the Environmental Law these rulesprohibit the captures of marine mammals in nationalwaters. In this case there are no exceptions, whichare a very good measure, considering that the captiveindustry tends to capture under the excuse of scientificpurposes.Art. 24 establishes that the capture of MarineMammals in national waters of Dominican Republic isprohibited, in accordance with Law 64-00.It also forbids physical abuse as a method of training,but without defining the term *physical abuse* thisprohibition is not operative for inspection or legalactions.Two clear prohibitions are that no calve under a yearof age or females during the last three months ofgestation period can be used in interaction activities.Another prohibition is that of drug use on dolphins toease human interaction 73 .Dolphin imports are permitted under CITES conditionsand according to the national decree for the applicationof CITES. Article 27 intends to be stricter regardingthe measures to import, prohibiting the importation ofdolphins that might have used a technique implyingcruelty, or harassment.Art. 27 establishes that the import of marine mammalsis prohibited when the animals have been capturedusing methods that imply cruelty, mistreatment,harassment or suffering 74 .65 Decreto No. 233-96 del 3 de julio,1996 Artículo 22.66 Boneli Idelisa.El Santuario de mamiferos marinos de la Republica Dominicana. Garantia de Conservacion para las Ballenas Jorobadas. UNEP(DEC)/CAR WG.27/REF.10. Bridgetown, Barbados,July 18, 2005.67 Ley 64-00. Art. 175.68 Ley Sectorial de Pesca y Acuicultura No. 307 del 200.69 Resolution No. 01/2008 que aprueba el Reglamento sobre la tenecia, manejo y exhibición de especies de mamíferos marinos en la Republica Dominicana. January 22nd, 2008.70 Reglamento sobre la tenecia, manejo y exhibición de especies de mamíferos marinos en la Republica Dominicana. Arts 12-18. Salinity must be between 18-36 ppm. Temperature of water.January 22nd 2008.71 Op cit, art 19.72 The only official data is the one provided by environmental authorities during our visit to the country. We asked for this information under the Law of Information and Transparency. Informationwas sent via email on March 17, 2007.73 Op cit. Art. 26 and 28.74 Alaniz Yolanda, Rojas Laura. DELFINARIOS. AGT Editor, Mexico 2007 (p.47-52).42 CHAPTER 3: LEGISLATIVE ANALYSIS CHAPTER 3: LEGISLATIVE ANALYSIS43

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicCHAPTER 4:CONCLUSIONS ANDRECOMMENDATIONSGeneral activities and features of facilitiesMexico started activities in the early seventies, whileDominican Republic began in 1995. Mexico currentlyhas 260 dolphins in 21 facilities while DominicanRepublic exhibits 19 dolphins in 3 facilities. 80% ofdolphins in Mexico belong to just 4 companies, whilein Dominican Republic the strongest company seemsto be Ocean World with 66% of the total captivedolphins.A common feature is that the oldest facilities areconcrete tanks, while the newest ones are built inmarine enclosures.Activities in both countries are very similar. There arestandard shows, but SWTD programs remain as thetop and most profitable activity.The facilities tend to be built in or near touristy areasand constitute one of the most popular amenities forthe public, who normally have no knowledge of theconditions and the quality of life of the animals behindthe stage.Both Mexico and Dominican Republic have the sametype of facilities, with the only exception of DolphinIsland, which is located a little farther from the coastand therefore has better currents.Regarding the quality of enclosures, all facilitiesdescribed have geometrical shapes, with square seapens and pools as the predominant shape. This kindof enclosure is demonstrated to cause boredom andstress. Marine enclosures are supposed to be betterthan concrete tanks, since natural water and currentsare available and natural sounds can be heard bydolphins 75 .In none of the 24 facilities studied were there toys,challenges, and refuge or sanctuary areas to preventdolphins from becoming bored or even aggressive toone another during “free time”, except for the trainingreceived between interacting sessions.During the day it is possible to find three differentphases for dolphins: a phase of implosion and invasionin which lots of people and trainers arrive and jumpinto the water to interact. This is accompanied withphysical invasion and forced interaction, screams,whistles, music (sometimes), and food. The secondphase is an abandon phase in which dolphins are leftalone without sanctuary pens or pools to hide fromthe public or the noise, having nothing to do.The last phase is of total abandonment without music,noise or any person until the next day when the facilityopens.One important difference is that the Dolphin AssistedTherapy has not been established in DominicanRepublic yet. This must be reinforced by law to avoidDAT from spreading in Dominican Republic.Nevertheless there is no law now to establish such aprohibition. In these conditions it is only a matter oftime to see DAT in Dominican Republic. Big effortsmust be made to prevent the development of thisactivity in the country.75 Couquiad, Laurence, 2005. A survey of environments of cetacean in human care. Aquatic Mammals (2005) 31 (3).CHAPTER 4: CONCLUSIONS AND RECOMMENDATIONS 45

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicGraphic 10Percentage of dolphins imported for Mexico and Dominican Republic,per country of origin 2009 (as reported) 76 .% of captive dolphins, by country ofMexico and Dominican Republic, 2009Capture NativeWatersJapanHondurasCubaSources: Dirección de Biodiversidad y Vida Silvestre. Informe sobre delfines. Secretaria de Estado de MedioAmbiente y Recursos Naturales. Data obtained trough the Office of Access of information and the Law ofTransparency. March 19, 2009Official answers under the Transparency Law; numbers: 1600010703, 1600297205, 00016000298005, and0001600016206. Semarnat to COMARINO. (Alaniz & Rojas, Op cit)ImportsMexicoDominican RepublicBoth Mexico and Dominican Republic began activitieswith captures in national waters, but both suppliedrequirements with imports mostly from Cuba. This factmeans Cuba has been capturing dolphins massivelysince the early 90’s, with an unknown impact on wildpopulations to supply the captive industry in bothcountriesAll in all, Cuba is the main dolphin provider for bothcountries. It is very important to mention that Cubasigned and ratified the CITES Convention in 1990,and the SPAW Protocol in 1998.04.2010255750As we have noted, CITES requires exports ofspecimens from Annex II, such as dolphins, to havea Non Detrimental Finding by the scientific authorityof the country (Article IV, 2, a). It is very unlikely thatthis NDF has been strictly done for all the dolphinsexported from Cuba. Even more worrying is the factthat Cuba is clearly violating the SPAW Protocolsince it forbids the trade of listed animals, such asdolphins.This does not exclude the other countries from buyingand trading dolphins illegally. That is the case ofDominican Republic, who is signatory of both CITES80and the SPAW Protocol. Article 25 of the Protocolcannot be used to express the primacy of CITES overthe Protocol. It has been set clearly that it cannot beseen as a clause of exception. Even more, nationallaw of Dominican Republic expresses in its GeneralLaw of Environment, that “according to InternationalTreaties signed by Dominican State it is forbiddento hunt, fish, capture, harass, mistreat, kill, traffic,import, export, trade, manufacture or elaborate crafts,as well as exhibit and illegally possess endangeredspecies” 77 .Therefore, captures taken from Mexico andCuba, among others have raised the attention ofscientists: 78Removal of live cetaceans from the wild, for captivedisplay and/or research, is equivalent to incidental ordeliberate killing, as the animals brought into captivity(or killed during capture operations) are no longeravailable to help maintain their natural populations.Live-capture activities involving bottlenose dolphins(both Tursiops truncatus and T. aduncus), Irrawaddydolphins, and Indo-Pacific hump-backed dolphinshave taken place in various countries during recentyears (e.g., Cuba, Bahamas, Mexico, Guinea-Bissau, Cambodia, and Myanmar), without adequateassessment of wild populations and with little or nopublic disclosure of the numbers taken.As a general principle, dolphins should not be capturedor removed from a wild population unless that specificpopulation has been assessed and it has beendetermined that a certain amount of culling can beallowed without reducing the population’s long-termviability or compromising its role in the ecosystem.Such an assessment, including delineation of stockboundaries, abundance, reproductive potential,mortality, and status (trend) cannot be achieved quicklyor inexpensively, and the results should be reviewedby an independent group of scientists before anycaptures are made. Responsible operators (at boththe capturing end and the receiving end) must show awillingness to invest substantial resources in assuringthat proposed removals are ecologically sustainable.Regarding imports from Honduras to DominicanRepublic, it is also likely that captures and tradefrom Honduras is taking place without the NDF fromscientific authorities. The administrative authoritiesof Dominican Republic are obliged to give an importpermit only when it is granted that the species involvedare not impacted and a NDF is required, according tothe National Decree for the application of the CITESConvention 79 .In the same way, Mexico could be violating ArticleXIV of CITES by giving permits to import dolphinsfrom Cuba without an NDF. Not only the Constitutionmakes International Treaties compulsory, but alsothe General Wildlife Law expressly obliges to followthe CITES Convention in any international trade ofspecimens of species under Appendix I,II, and III 80 .Though the Solomon Islands were not members ofCITES at the time of capture and trade to Mexico,Mexico was and should have prevented the massiveimport of 28 dolphins that clearly were taken from thewild making an important impact on populations.The same goes for imports from Japan in whichanimals are captured during “drive fisheries”, in whichwhole populations are exterminated in brutal ways.Mexico should have been more cautious with thedolphin imports carried out during a period of at leastten years before the import ban. A detailed researchon permits and NDF would reveal all imports wereillegal.On the other hand Mexico should ratify the SPAWProtocol and fulfill international compromises.76 Dirección de Biodiversidad y Vida Silvestre. Informe sobre delfines. Secretaria de Estado de Medio Ambiente y Recursos Naturales. Data obtained trough the Office of access to informationand the Law of Transparency. March 19, 2009.Official answers under Transparency Law numbers: 1600010703, 1600297205, 00016000298005, and 0001600016206. Semarnat to COMARINO. (Alaniz & Rojas, Op cit).77 Ley General de Medio Ambiente y Recursos Naturales. Ley 64-00, Article 140. Dominican Republic, August 18, 2000.78 Reeves, R.R. Smith. B.D., E.A. and Norbartolo di Sciara, G. (2003).Dolphins, Whales and Porpoises, 2002-2010. Conservation Action for the World Cetaceans. IUCN/SSC Cetacean SpecialistGroup, IUCN, Switzerland and UK (p.139).79 Decreto Nacional de Aplicacion de la Convecion CITES No 1288-04. October 1st, 2004.80 Ley General de Vida Silvestre. Art. 55. 2000.46CHAPTER 4: CONCLUSIONS AND RECOMMENDATIONS CHAPTER 4: CONCLUSIONS AND RECOMMENDATIONS 47

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicReferencesAcasuso Signoret, Francisco (1981). <strong>Report</strong>e de los HallazgosPatológicos en diez delfines (Tursiops truncatus). Tesis paraobtener el Título de Medico Veterinario Zootecnista. Fac. deVeterinaria. UNAM, Mexico.Norma Oficial Mexicana. NOM-EM-135-SEMARNAT-2004. Para laregulación de la captura para investigación, transporte, exhibición,manejo y manutención de mamíferos marinos en cautiverio.Domestic LawsMexico has banned captures and imports recently,but there is not a good control of the husbandry ofcaptive dolphins. The regulation 81 for captive handlingwas weakened when the industry started participatingmassively. Many important measures were deletedsuch as sanctuary and buffer zones, or the strictregulation of person per dolphin in interactive SWTD.Dolphin Assisted Therapy (DAT) is occurring in a clearlyillegal way with no one to stop it. Health authoritieshave declared it is not considered a health therapy,whilst environmental offices give the DAT permits. Thiscontradiction should be resolved by a decree from theHealth Ministry to prohibit Dolphins Assisted Therapy,due to the myths involved and the risks of damage andzoonosis for participants. The Environmental Ministryshould stop invading competencies by avoidinggetting involved in health issues.The regulation on captive dolphins should be revisedand important issues such as the prohibition oftraveling shows with marine mammals must berecognized again by General Wild Life Law.Areas of refuge, sanctuaries, and buffer zones shouldbe implemented both in Mexico and DominicanRepublic.The regulation of SWTD programs must be reinforcedwith a serious review of how many people can be withdolphins per session, and how many sessions can adolphin work.Measures to avoid boring and stereotypical behaviorsshould be implemented in all facilities, such asenvironmental enrichment, change of the square andgeometric shapes for pens, soil, toys, and challengessimilar to those in the wild. There should at least beone enclosure big enough so dolphins can swim longand fast.All of these programs are regular now in zoos, and yetlacking in dolphinaria. Companies make much moreprofit than zoos, so this kind of programs should becompulsory by law, both in Mexico and DominicanRepublic.In the same way and according to the knowledgeemerging from science, concrete tanks are the worstfacilities for dolphins. These facilities should be closedand sea pens should be larger and have effectivecontingency measures.Both in Mexico and Dominican Republic, loss anddeath of dolphins due to hurricanes and bad handlinghas been registered. Environmental authorities shouldestablish legal contingency measures for caretakersto undertake as a matter of responsibility for theanimals.Alaniz Yolanda, Rojas Laura (2007). DELFINARIOS. Mexico: AGTEditor-Comarino.Codigo Penal Federal. Art. 420Constitución Política de los Estados Unidos Mexicanos.Couquiad, Laurence (2005). A survey of environments of cetaceanin human care. Aquatic Mammals.Decreto Nacional de Aplicación de la Convencion CITES No1288-04. October 1st, 2004.Diario Oficial de la Federación (DOF).Diario Oficial de la Federación, August 27, 2004.Dirección de Biodiversidad y Vida Silvestre. Informe sobre delfines.Secretaria de Estado de Medio Ambiente y Recursos Naturales.Data obtained trough the Office of Access of information and theLaw of Transparency (March 19, 2009).Frohoff, T.G. (2000). Behavioral Indicators of stress in odontocetesduring interactions with humans - A preliminary review anddiscussion. International Whaling Commission Scientific CommitteeSC/52/WW2.FUNDEMAR (2008). Los Delfines En Cautiverio En RepúblicaDominicana. Informe borrador.Ley General de Eqiilibrio Ecologico y la Proteccion al Ambiente.Ley General de Medio Ambiente y Recursos Naturales. Ley 64-00.Santo Domingo, Dominican Republic. August 18, 2000Reeves, R.R. Smith. B.D., E.A. and Norbartolo di Sciara, G. (2003).Dolphins, Whales and Porpoises, 2002-2010. Conservation Actionfor the World Cetaceans. IUCN/SSC Cetacean Specialist Group,IUCN, Switzerland and UK (p.139).Reglamento sobre la tenecia, manejo y exhibicion de especies demamiferos marinos en la Republica Dominicana. January 22nd,2008.Rose, Naomi, Farinato (2009). The Case Against Marine Mammalsin Captivity.SISI. SEMARNAT. Folio 137608. January 2009.UNEP (DEC)/CAR IG.17/INF.5 Legal Assessment of “Compatibility”issues between the Protocol Concerning Specially ProtectedAreas and Wildlife (SPAW) to the Cartagena Convention and theConvention on International Trade in Endangered Species (CITES).Internet References< www.biodiv.org>Ley General de Vida Silvestre.Marino, Lori and Lilienfield, S. (1998). Dolphin Assisted Therapy:flawed data, flawed conclusions.Anthrozoos, 11 (4), 194-2000.NORMA Oficial Mexicana NOM-059-ECOL-2001, Protecciónambiental-Especies nativas de México de flora y fauna silvestres-Categorías de riesgo y especificaciones para su inclusión, exclusióno cambio-Lista de especies en riesgo.81 Diario Oficial de la Federación, August 27, 2004. Norma Oficial Mexicana. NOM-EM-135-SEMARNAT-2004. Para la regulación de la captura para investigación, transporte, exhibición, manejoy manutención de mamíferos marinos en cautiverio.48CHAPTER 4: CONCLUSIONS AND RECOMMENDATIONSCHAPTER 4: CONCLUSIONS AND RECOMMENDATIONS49

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicAnnex IInventory of captive dolphinsMexico, updated October 2008.Number Facility Species Sex Origin Name1HolboxAragon, DF Tursiops truncatus M Mexico2 Duncan3Beta4 Atlantis, DF Tursiops truncates F Mexico Cometa5 Tamy6Tritón7 PoseidónM8 AventurasApoloTursiops truncatusCuba9 DiscoverySimbad10AztecaF11 Aurora12MexicoRishoM13Monet14EndeF15 Merian16JapanRenoir17 MTolouseCabo Dolphin Tursiops truncatus18 Dali19FridaF20Jenny21BaxalMMexico22 Richi23 F Isis24Tursiops truncatus gilliiChirris25FKetsi26 L. FlycaCentro de27 InteracciónM NicolasMexico28 Marina SanTursiops truncatusF OlinCarlos / Guaymas29MauricioM30 Hijo de Osiris31 F Osiris32Mich33 Ximena34 JunaCONVIMAR Tursiops truncatus F Mexico35 Atzin36 Hera37 Kanti38 Zayrus39CubaItzman40MKanab41 Dzul42 F MexicoSas43Ko’44 Pa’al45 Convivencia enPocholoTursiops truncatus46 Xel-HáCuba Pantaleon47 KinishM48Wa’ay49 MexicoBoox50 Nuk’ta51OlofiCuba52 Owen53XenaCuba54 OdetteF55 Mexico Pulha56 DelfinesAwilixTursiops truncatusCuba57 InteractivosM Pach / Pax58Lol-haF59 MexicoKimba60 M Balam61M Mexico Sin dato62 FNena63 M ChicoCuba64 F Habana65Viento66 Delfiniti, IxtapaMChochoTursiops truncatus67 ZihuatanejoChame68Kaly69 FMexicoBrisa70 Lluvia71 M Sin dato72 F Sin dato73 M Due50CHAPTER 4: CONCLUSIONS AND RECOMMENDATIONSCHAPTER 4: CONCLUSIONS AND RECOMMENDATIONS51

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican Republic74Tinda75 Nuna76 Aclina77 FYagalla78 Karina79 YashuiTursiops truncatus gillii80 Shani81 Nuba82 M Gandalf83 DolphinF LluviaAdventures 2,Mexico84 Nuevo VallartaAlii85 MTlatoani86 Tursiops truncatus Nemo87Kaitza88 Tursiops truncatus gilliiMilaF89 Ukalaii90 Tursiops truncatus Dali91MNachitoTursiops truncatus gillii92AquaF93 Tursiops truncatus Tonali94Amaya95 Athenea96 FShadiaCuba97 Regina98 Eva99Titán100 Mexico Itzamna / KawakDolphinM101 Cuba PegassoDiscovery,Tursiops truncatus102 COZUMELMexico Ak’ab / Chaac103CubaScarlettF104 Mexico Ixchel / Nusca’a105 M Cuba Marte106Hija de AmayaF107 MarinaMexico108 M S / d109 F Vale110Tatich111 Louis112 MRomulo113EstefanCuba114 Zeus115 ¿?Hijo / ReginaMexico116MusaF117Malinche118CalypsoM119 Picasso120CubaFátima121 RaquelF122 Odisea123 Venus124MexicoLewis125NeptunoM126 CubaJúpiter127 Shelley128FridaF129 Audrey130Mexico Sin dato131 MJogo132 Davinci133Foxie134 Ninfa135 ArielFCuba136 Belle137 Dori138 Nala139Mexico Madona140OlympiaF141 DolphinDanielaCuba142 Discovery,Tursiops truncatusLissy143Puerto AventurasSimba144MRemoMexico145 Capi52 CHAPTER 4: CONCLUSIONS AND RECOMMENDATIONS CHAPTER 4: CONCLUSIONS AND RECOMMENDATIONS53

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican Republic146Maggie147Hera148 FEstrella149 CubaLulú150 Hellen151 M Icaro152 FIzamalMexico153 M Kich154 FGioconda155 M Atlas156Alexia157 XtabayCuba158 América159 Diana160 CieloF161 Nenis162Krista163 Sin dato164 Mexico Sin dato165 Sin dato166Ángel167 Cuba HérculesM168Luke169 Mexico Sin dato170 ¿? Hijo / Madona171TsunamiAustralia172 AzulM173 Mexico(nac.) Pablo174Tulagi175 F Solei176 DolphinarisAlexTursiops aduncusM Australia177 CancunEco178 F Honiara179Kili-KiliM180 Mexico Solomon181CozumelF182 Asia183184OceaniaSqualo185 MPlata186 MercurioAustralia187 F España188 M Sidney189 F Fiji190Mincho191FlexMMexico192 Diego193 Australia Satu194Athena195 Tursiops truncatusNike196 Simo197 Tursiops truncates Aphrodite198Atlantis199 FNauticaMexico200 Electra201 DolphinarisMarina202 COZUMELTursiops truncatusOlympia203 Atlas204 Troya205 ¿? Esparta206 M Cuba Ajitzi207FAshinTursiops truncatus gillii208México AmizcleM209 Tursiops truncatus Lynco210211 Ferias IIITursiops truncatusF MexicoCocaMVairon212 M Zeus213214 MChuy215 OperadoraYum-KaNacionalTursiops truncatusMexicode ParquesRecreativos216 F MayteVayú54 CHAPTER 4: CONCLUSIONS AND RECOMMENDATIONS CHAPTER 4: CONCLUSIONS AND RECOMMENDATIONS55

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican Republic217F Mexico Kelem218 Tursiops truncatusMPolifemo / Hunab ku219CubaCh’en220 Tursiops truncates FQuiché221Xtabay222MexicoKisinM223 Kaák224Baili225 Cuba Nicte-Há226 Cab227Palú228 Maya229 FKin230 Fanny231 Melissa232 Tapish233 Ik234 AbrilParque XCARET235 M Huinic236 F XunáhTursiops truncatus237 M Alux238Mexico Chiquilá239 IxchelF240 Kinam241 Ka’an242 M Wayak243 F Ixnuk244 M Ich245Tos’ha246 Halkab247 FKux248 Ikal249 Xi’ik250 M Cuba Paco / Halach251KanekFMexico252 Kóokay253FHannahReino Marino Tursiops truncatus gilliiMexico254 M Tango255PoléF256 Xel-Ha257 M SíijVia Delphi Dream Tursiops truncatusMexico258Xcaret259 FKichpam260 SáasilSource: www.sisi.gob.mx. Folio 137608. October, 2008.Annex IIImports of Dolphins by country and year of export,specie, and number of dolphins imported, Mexico 1995-2006.Year Country Species Number1995Tursiops truncatus 2Stenella attenuata 61996Cuba41997 Tursiops truncatus13199813Russia Delphinapterus leucas 2199910CubaTursiops truncatus142000Japan Tursiops trucatus gillii 42001102002 CubaTursiops truncatus14200310I. Solomon Tursiops aduncus 28200426CubaTursiops truncatus222005Japan Tursiops truncatus gillii 72006 Cuba Tursiops truncatus 4Total 187Source: Alaniz Yolanda, Rojas, Laura. DELFINARIOS. AGT Editor, 2007. México.Sources: Offi cial answers from request of information; numbers 1600010703, 4 of July of l 2003, Folios0001600297205, 25th january , 2006; 00016000298005, 26th january , 2006, and 0001600016206.56CHAPTER 4: CONCLUSIONS AND RECOMMENDATIONSCHAPTER 4: CONCLUSIONS AND RECOMMENDATIONS57

<strong>Report</strong> on Captive Dolphinsin Mexico and Dominican RepublicAnnex IIIInventory of Dolphins in Dominican Republic 2009 (Offi cial Data).Number Facility Species Sex Origin Name1JavierM2 Toni3SashaFCuba4 MaryDolphin Islands Tursiops truncatus5 M Juancho67FDominicanRepublicVickyMartha8MCainCuba9 F LisetManatí Park Bavaro Tursiops truncatusDominican10 ¿?¿?Republic11BucitoM12 Chico13 F ChiquitaHonduras14 M Dexter1516 FSerena17NarisaBoomer18 Ocean WorldM CiceronTursiops truncatus19 CofresíF CubaSnowy20 M Niagara21Sharky22LilyF23 Sony24 ¿?Sondy25 M Sinka26 F SimboName Species Sex OriginPrincessMother of Abaco,Salvador, and ShawnAuntie VMother ofMiss MerlinStormyChipyMother of Andy, Ninaand Gussy mayMiss MerlinAbacoShawnAndyNinaMother of CaciqueDotMother of Socca,Goombay and LagunaSoccaGoombaySalvadorGussie MaeCaciqueLagunaTursiops truncatesAnnex IVInventory of Dolphins at Ocean World 2008.FemaleBorn in 1967FemaleBorn 1976MaleBorn in 1976FemaleBorn in 1976FemaleOctober 23, 1998FemaleAugust 21, 2000MaleSep 26, 1996MaleNovember 2, 1994FemaleMarch 1992CaptureImported from Sea Flooraquarium NassauCapture Abaco, NassauCaptured in Abaco, 1993Captured in Abaco, 1989Captive bornFemale Captured in Abaco, 1989FemaleOctober 8, 1999MaleJanuary 10, 2003MaleMay 8, 2004FemaleFebruary 9, 2006MaleSeptember 18, 2006FemaleOctober 17, 2006Captive bornSource: www.dolphinencounters.com/family-dolphintree.php58 CHAPTER 4: CONCLUSIONS AND RECOMMENDATIONS CHAPTER 4: CONCLUSIONS AND RECOMMENDATIONS59

World Society for the Protection of Animals (WSPA)Regional Office for Mexico, Central America and the CaribbeanT. +(506) 2562-1200F. +(506) 2562-1225P.O. Box 516-3000, Heredia, Costa Ricawww.wspa-latinoamerica.org | info@wspala.org