For the 31 beluga whales, along with all the other animals, it’s time for an all-in collaborative effort.
At a special hearing in the city of Niagara Falls on February 18th, we learned that Marineland Canada is transitioning to new ownership, that any potential sale of the park has not yet been completed, and, according to a lawyer who represents Marineland, that the company needs a loan “to maintain the property and the mammals.”
The “mammals” needing to be “maintained” do not, however, include the “marine animals”, among whom are a large number of beluga whales confined to small tanks. The reason they are not included, the lawyer explained, is because the financing that Marineland has secured “requires the owner to remove the marine animals from the property EXPEDITIOUSLY.”
Marineland remains something of a black box. We know that at least 18 beluga whales, one dolphin, and the sole remaining orca Kiska have died since 2019. Thirty-one whales are still alive, but we don’t know the state of health of any of them. (A Canadian Press reporter and photographer who last visited the park in 2023 were banned from entering the property after their report was published.)
At the hearing, the chairman of Niagara Falls Committee of Adjustment kept emphasizing that the sole purpose of the hearing was to consider the minor legal question of whether Marineland could temporarily divide its property into separate parcels in order to secure the loan.
But since the committee could not prevent the public from voicing their concerns, several representatives of animal protection organizations rose to make the case that Marineland should simply not be allowed to remove any whales, dolphins and other marine mammals “expeditiously.”
And however much the chairman kept claiming that the hearing had nothing to do with the welfare of the whales, it was beyond obvious that “removing the marine animals from the property expeditiously” had everything to do with the welfare of the whales, especially considering that it is widely believed that the owners of a Chinese aquarium are positioning themselves to purchase the Marineland belugas.
The first speaker to address the committee about the marine mammals was Dr. Lori Marino, president of the Whale Sanctuary Project (WSP), who laid out the urgency of finding new homes for all 31 whales, including transferring as many as possible to the sanctuary that the WSP is establishing in Nova Scotia. Here is the text of her remarks:
Melissa Matlow, campaign director for the Canadian chapter of World Animal Protection, spoke to the fact that attitudes toward the exploitation of cetaceans has changed greatly in recent years. “We are very willing partners to help with an emergency solution for the animals,” she added, “and would be happy to meet with Marineland and other important stakeholders … to transfer these animals to sanctuaries.”
Ms. Matlow also submitted this letter for the record:
And retired Senator Wilfred Moore, who, in 2016, introduced the Ending the Captivity of Whales & Dolphins Act to Parliament, reminded the committee that a key element of the law is “to provide for the best interests of the cetaceans’ welfare.”
Hon. Moore, who is also a board member of our Canadian charitable entity, reminded the committee members that their responsibility for taking the welfare of the whales into consideration “is not something that can be lightly dismissed.”
He pointed out that the law provides for the committee to act in the best interests of the cetaceans, which does not mean simply moving them from one facility to another.
The law provides for the committee to act in the best interests of the cetaceans.
“I don’t think we should let a money-driven requirement be used as an excuse to move these smart, intelligent roaming social communicative creatures out of one tank into another,” he said. “This is a federal law. It’s the will and the intent of the Parliament of Canada. It can’t be dismissed lightly.”
The committee responded to this by asking the lawyer representing Marineland for his opinion – not exactly an objective one! – on whether the committee could impose conditions on its approval of his client’s request.
The bottom line was that the committee had clearly already decided to approve the division of the property. And that’s exactly what it did.
According to the Ending the Captivity of Whales and Dolphins Act, these animals can only be sent to another facility for their own welfare or for research purposes. In 2021, Marineland was granted a permit to export five whales to the Mystic Aquarium in Connecticut for “research” purposes. Three of the five died – two within a few months of being transferred.
Even though it is technically within the law for Marineland to export whales to a theme park under the “research” provision, once the whales have left Canada, there’s nothing to stop a theme park from doing whatever it wants. And any maneuver of this kind is fundamentally contrary to the spirit of the law.
Right now, the Whale Sanctuary Project is talking with people in government, with other NGOs, and with people in the media about how these whales could be considered a national priority. This would ensure that the Department of Fisheries & Oceans does not summarily issue a permit for Marineland to export them.
A decision of this kind would put a hold on transferring the whales anywhere until:
a) the whales can be examined by a team of independent veterinarians who can assess their health and determine what kind of care they need and who among them can be safely transferred;
b) the Whale Sanctuary Project has completed raising the funds needed to finish construction at the sanctuary site in Nova Scotia;
c) options have been fully explored for the whales who cannot be transferred to the sanctuary.
Over the 64 years since 1961, when Marineland first put whales and dolphins on show, these animals have entertained millions of people and made many millions of dollars in profits. It is beyond time to acknowledge that we owe those who are still alive a humane retirement.
The very notion of a city planning committee in Niagara Falls voting to deprioritize their welfare speaks to concerns about the way we treat our fellow animals in today’s world.
It’s time for zoos and aquariums, marine entertainment parks, animal welfare organizations, government agencies and Marineland all to work together to address the crisis facing the animals there.