Marine mammal park disputes inspectors' findings; USDA said Theater of the Sea dolphin not getting enough shade

Theater of the Sea disputes recent federal inspectors' findings that the Islamorada marine mammal park does not provide enough shade from sunlight for their dolphins and sea lions.

"I don't think this gives an accurate image of Theater of the Sea," said curator Beverly Osborne. "We provide a wonderful home for our animals."

Two inspectors with the U.S. Department of Agriculture's Animal and Plant Health Inspection Service conducted a routine inspection on July 14 and wrote in a report that one of the marine park's nine Atlantic bottlenose dolphins does not have enough shade in his pool.

"The shade provided to 'Stormy' by the small mangroves in his enclosure is inadequate," inspector Mario Mercado wrote. "In order for 'Stormy' to get away from the sun, he must seek shade by the small mangroves shallows and remain virtually motionless."

Osborne, who has been with Theater of the Sea for 26 years, stressed that the mile marker 84.7 park regularly receives 100-perrcent compliant inspections from the USDA, including after three random inspections in 2014.

The last time the USDA found anything to report was in August 2013, and that was for concrete and fence issues at the facility.

"I’m glad we have the Animal Welfare Act, and we want to work with the agency to be in compliance like we always have been," Osborne said. "But I think the shade issue is not accurate, and I disagree with them."

Stormy and the other dolphins have access to several shady areas throughout the facility's 3-acre lagoon, according to Osborne and other Theater of the Sea staff.

"He has access to many areas throughout the lagoons which provide shade and does not remain motionless to get the shade," Assistant Curator Pamela Ollen Hughes wrote in an Aug. 13 letter to Mercado. "This is how he rests regardless of area chosen in his habitat."

Regardless, Osborne said the park would comply with the USDA's ruling that more shaded areas must be built over the lagoon.

"Although we believe the animals are provided with ample shade, we are building a structure to provide additional shade in the holding pool area," Hughes wrote.

Mercado also wrote that he saw park staff apply sunscreen to Stormy's head and said it was done to protect the mammal from sunburn.

But Hughes said the zinc oxide ointment is applied to Stormy "in order to prevent his skin from drying out when he rests at the surface of the water, not as protection from the sun."

Theater of the Sea's two veterinarians also wrote to the USDA to say the park's dolphins are in good health.

In addition to regularly complying with the Animal Welfare Act, Osborne noted that Theater of the Sea is a member of the Alliance of Marine Mammal Parks and Aquariums, membership in which requires stricter standards for the health and care of park animals than the federal government mandates.

"We go above and beyond to exceed guidelines,” said Jeremy Hauwelaert, the park's director of sales and marketing.

As an example of going "above and beyond," Osborne said the lagoon's average depth of 15 to 20 feet exceeds federal requirements and serves as additional shade for the dolphins.

Marine mammal parks and aquariums have come under increasing scrutiny from animal rights activists in recent years, especially after the 2013 "Blackfish" documentary that is critical of Orlando's SeaWorld and its treatment of its killer whales. Closer to home, activists regularly protest the Miami Seaquarium on Virginia Key because of its captive killer whale Lolita.

Activists have set their sites on the Keys, as well. Russ Rector, a longtime critic of Keys marine mammal facilities and a former dolphin trainer, said he agreed with Mercado about the shade issue at Theater of the Sea. But he said the USDA should look at conditions at other facilities, too.

"If one's in violation, they need to check them all," Rector said. "It's not just one facility, it's all of them."

This story was originally published August 20, 2015 at 11:36 AM with the headline "Marine mammal park disputes inspectors' findings; USDA said Theater of the Sea dolphin not getting enough shade."