Written by PETA
On the final day of SeaWorld's challenge to its citations imposed by the Occupational Safety and Health Administration (OSHA), questions abounded about the qualifications of Jeff Andrews, a 15-year SeaWorld veteran who now works at the San Diego Zoo and whom SeaWorld offered as a witness. Andrews was presented as an expert in animal behavior and training and in working safely with large animals. He testified that he primarily learned on the job at SeaWorld and last worked with orcas there in 2001.
When questioned about what he could offer that would differ from previous SeaWorld employees' testimony, Andrews responded only his "position in the park" and his post-SeaWorld experience. He stated that he stays informed of what happens at SeaWorld parks and is called if there is an injury at any of them. He also admitted that he relied entirely on Chuck Tompkins, SeaWorld's corporate curator for zoological operations, for the data and statistics on which he based his opinion.
After a day of direct and cross examination, during which Andrews repeatedly made "expert" statements that were based on others' opinions, his credibility was shredded. Even SeaWorld did not offer Andrews' report, which he had prepared for SeaWorld for the purpose of this hearing and which provided written proof of his flawed methodologies, into evidence.
When questioned about aggressive incidents documented in SeaWorld's monthly recaps, Andrews refused to acknowledge that splitting off routine and thrashing toward a trainer could indicate aggression in Tilikum, laughing at OSHA's attorney for suggesting the possibility and calling the assertion an "uneducated assessment of behavior." Despite using the term "aggressive" repeatedly in his direct testimony and his report, when asked how he defines the term, Andrews responded, "I don't have an operating definition of aggression off the top of my head."
Andrews dismissed the vast majority of behaviors listed as "aggressive tendencies" on Tilikum's behavioral profile, including "mouthing the stage, vocalizations, tightening body posture, banging gates" and "a deep fast swim." Andrews insisted that only lunging toward a trainer could potentially be considered aggressive.
Another notable thing revealed today was an admission by SeaWorld's vice president of veterinary services, Dr. Chris Dold, that about 14 of 20 orcas at SeaWorld have had their teeth drilled after breaking them from biting hard surfaces such as the concrete pools, themselves, and other orcas.
The parties will be submitting final briefs in the coming months, after which the judge will make his decision. But one thing became clear during nine days of testimony: Despite all the deaths, injuries, and other serious incidents that have occurred, SeaWorld employees continue to defend the practice of keeping orcas in tanks and forcing them to perform tricks for the public.
Written by Jennifer O'Connor
Returning to the stand on day eight of the hearings regarding SeaWorld's challenge to OSHA rulings against SeaWorld, the company's "curator of animal training," Kelly Flaherty Clark, became visibly angered when government attorney John Black implied that SeaWorld makes substantive changes to its protocols only for PR purposes—rather than to protect trainer safety.
Black pointed out the differences between the responses to the incidents involving Dawn Brancheau and John Sillick and the incident involving Alexis Martinez. The incidents involving Brancheau and Sillick, who was crushed in 1987 when an orca landed on him while the trainer was in the water, both occurred with the public present and resulted in significant media attention and some changes to trainer-orca interactions. In contrast, Martinez's death occurred during a training session in Tenerife, Spain, at the hideous Loro Parque marine park, out of public view, and garnered little media attention on an island where tourism is king and Loro Parque is the big revenue generator. After Martinez's death, trainers at SeaWorld Orlando were pulled from the water for only a single day, and no changes to any training or safety procedures were made.
Entered into evidence were SeaWorld's "monthly recaps," including 60 pages of documents about Tilikum that included the heading "Aggressive Incidents" and detailed an incident in which a trainer lost control of Tilikum during a show. Tilikum started swimming in circles, and when called back, he "thrashed" toward the trainer—which Flaherty Clark demonstrated by showing her teeth. Flaherty Clark dismissed the recaps as "irrelevant." To whom?
Flaherty Clark was also questioned about a 1997 incident at the now-defunct SeaWorld Ohio in which trainer Kristine Van Oss was pulled into the water by her sweatshirt. The resulting incident report stated: "We hope that you plan to eventually desensitize all killer whales to work with you regardless of what you're wearing. You can't guarantee hair, apparel, or objects will never be within reach, so it's better to address the problem." Tilikum pulled Dawn Brancheau into the tank by her ponytail.
Flaherty Clark confirmed that until Dawn Brancheau's death, every time trainers were pulled from the water following a serious incident, they were allowed back in. And every single time, another incident or injury occurred.
When asked how water work is educational for audiences, a claim that SeaWorld makes because an educational purpose is required for the company to retain its federal permits to hold orcas, Flaherty Clark could not provide any information. No surprise.
Stay tuned.
After a fall recess, SeaWorld is back in court to resume its fight against a citation imposed by the Occupational Safety and Health Administration (OSHA), which found that the theme park exposed its employees to serious risks after trainer Dawn Brancheau was killed by the orca Tilikum last year.
SeaWorld repeatedly tried to prevent the day's witnesses from testifying. The first witness, Ken Peters, is the assistant curator of animal training at SeaWorld San Diego. During a 1999 show, Peters was attacked by an orca named Kasatka. After the orca tried to grab Peters' feet and hands, SeaWorld described the near tragedy as an "unfortunate incident" and an "excellent learning tool." Peters acknowledged a "calculated risk of dying tomorrow"—which almost came true in 2006, when Kasatka, forcibly separated from her baby, grabbed Peters' foot and repeatedly dragged him underwater for extended periods. All water work with this angry orca stopped because of the "intensity" of the incident.
The next witness, Mike Scarpuzzi, is vice president of zoological operations. Scarpuzzi gave short and evasive answers to the government attorney's questions and repeatedly stared at the ceiling before responding to even the simplest yes-or-no questions. He was ultimately designated as a hostile witness by the court.
Scarpuzzi oversaw orca training at Spain's Loro Parque theme park when trainer Alexis Martinez was killed after being rammed and dragged underwater by an orca named Keto—just two months before Dawn Brancheau's death. Although SeaWorld attempted to distance itself from this park and attack its credibility, a SeaWorld trainer, Brian Rokeach, was stationed at Loro Parque to supervise animal training, and all decisions about animal care and training were made in conjunction with the three SeaWorld parks and SeaWorld's corporate headquarters.
Although he was the supervisor, Scarpuzzi testified that he didn't know (or ask about) the details surrounding Martinez's death other than being told by Rokeach that he "didn't make it." Telling Rokeach to "take care of it," Scarpuzzi took no other action or offered any measure of support until he arrived on site the next day. He said SeaWorld had concluded that "a combination of relatively commonplace and minor occurrences" caused the trainer's death. Water work with orcas was suspended for less than a week after Martinez's death, and no additional protocols or safety measures were adopted.
Rokeach closed out the day's proceedings by admitting that SeaWorld's emergency procedures generally are not successful when the killer whales are in an agitated state.
In light of the new policy issued by the Association of Zoos and Aquariums (AZA) that will minimize contact with elephants as well as the use of bullhooks in AZA-accredited zoos, PETA is renewing our call to the Occupational Safety and Health Administration (OSHA) to make protected contact a requirement for circuses, traveling shows, and non-AZA facilities.
With protected contact, there is always a barrier between handlers and elephants, which is not only more humane but also much safer for both species. Bullhooks—heavy batons with a sharp metal hook on the end—are never used to beat elephants into compliance.
OSHA—whose mandate is to protect workers—has acknowledged that "the issue of workers exposed to large animals [is] a serious occupational health and safety concern," but the agency nevertheless rejected PETA's previous call to require that captive elephants be managed in the protected-contact system.
Even if OSHA doesn't act, the AZA's policy should put an end to dangerous practices like the elephant rides at the Santa Ana Zoo, which are provided by an outfit called "Have Trunk Will Travel" that has been caught on video beating elephants with bullhooks. But the policy doesn't fully go into effect until 2014, and elephants can't wait. Please urge Santa Ana Zoo officials to stop the cruel and dangerous rides without delay.
Update: While SeaWorld's hearing is in recess, PETA President Ingrid E. Newkirk is giving the park some great reasons to use the time to evaluate how to get out of the captive-animal business. Read what she has to say here.
The following was posted September 24, 2011
SeaWorld's appeal has been adjourned until November, but on Friday, Dr. David Duffus—who had served as the foreperson of the coroner's inquest into the death of trainer Keltie Byrne after she was pulled into the water and drowned by Tilikum and two other orcas in 1991—again took the stand. Dr. Duffus testified that no method of training can control orca behavior and that current safety measures aren't effective. "Twenty years later, a lot has been done, yet I'm reading the same outcome," he said. Dr. Duffus added that given his knowledge of orcas and the incidents involving the animals in captivity, there was "no way on Earth" that he would place himself in immediate contact with Tilikum, nor would he get close to any other orca because of his "great deal of respect for the fundamental nature of large predators."
The final witness called before the hearing was adjourned until mid-November was Les Grove, area director of the Tampa office of the Occupational Safety and Health Administration (OSHA), which conducted the investigation into Dawn Brancheau's death and issued the citation at issue in this case. Asked why SeaWorld was cited for a "willful" violation—which entails an employer's "plain indifference to or intentional disregard for employee safety and health"—Grove mentioned the "Tilly Talk," the 100-plus incidents that have occurred at SeaWorld parks, interviews with management, and training manuals that show the company was aware that working in close contact with orcas was risky. During the investigation, he added, "It became obvious Tilikum wasn't the only problem."
We'll give you further updates when the appeal resumes in November, but for the orcas, the other dolphins, and the people endangered by SeaWorld's indifference, there's no time to lose—tell SeaWorld today that the place for these amazing animals is in a sanctuary, not doing stupid tricks for tourists.
Minette Layne | cc by 2.0
Written by Jeff Mackey
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