Introduction
Typically we follow a formula when posting on this blog – extensive research leads to us providing the readers with our conclusions and opinions.
This post will be different. We will present only the facts. The reader can then use those facts to establish their own conclusions.
The month of February 2022 began when the USDA ordered the Miami Seaquarium’s new owners to repair and modify the tank housing the orca Tokitae/Lolita, a non-profit sancutary organization asked for her to be moved to another facility, and the park prepared for her death. By the end of the month, things had changed drastically.
What you are about to see is real.
Every quote and every image is taken directly from publicly available documents, and document requests through FOIA, PACER, and other correspondence.
Click here for information on earlier USDA investigations and photos of the condemned stadium.
Click here for photos of B pool with the water lowered from October 2022.
Above photo source: NOAA FOIA
March 28, 2012
In a letter to attorney Katherine Meyer, Betty Goldentyer, Eastern Regional Director of USDA APHIS Animal Care states:
“Our agency has recently reevaluated the size of Lolita’s pool. Based on this reassessment, we have determined that the pool meets the AWA space requirements for marine mammals. The requirements for the Minimum Horizontal Dimension in Section 3.104, do not preclude a partial obstruction such as the concreate structure in Lolita’s pool and the pool exceeds the minimum requirements in all required dimensions.”
Source: PACER
February 1, 2022
USDA Animal and Plant Health Inspection Service (APHIS) conducts first inspection for issuance of Miami Seaquarium license to MS Leisure, a division of The Dolphin Company. The park fails the inspection and is given 60 days to fix issues with the Whale Bowl. This document is never published on the USDA website.
The inspectors noted rust, flaking paint, disintegrating concrete, composite board, cracked plexiglass, and water leaks in the tank that’s housed Toki for more than 50 years. Beneath the whale stadium seating, USDA inspectors identified several areas where there is evidence of active leaks from the pool wall negatively affecting the structural integrity of the pool itself.
Furthermore, the inspectors noted that the pool does not meet the minimum space requirements for a killer whale, stating that, ”Residing in a pool that does not provide adequate space is detrimental to the health and welfare of the animals contained therein. Marine mammals must be housed in primary enclosures that comply with the minimum space requirements prescribed by Subpart E of the AWA.”
Source: NOAA FOIA
February 8, 2022
The Whale Sanctuary Project, in a letter signed by Charles Vinick and Jeff Foster, asks NOAA to consider relocating Tokitae/Lolita to another pool on Seaquarium grounds or another facility so repairs can be made to the tank.
Source: NOAA FOIA
February 9, 2022
Internal USDA emails discuss a request from Shelby Loos, the Miami Seaquarium’s new veterinarian, for necropsy protocols for Tokitae/Lolita. The text of Loos’ request is redacted.
Source: NOAA FOIA
February 22, 2022
Second APHIS inspection of the Miami Seaquarium. The inspection does not include the Whale Bowl. The park passes and is cleared for an exhibitor’s license.
Source: USDA
February 23, 2022
Sea Shepherd Chairman Pritam Singh and Whale Sanctuary Project Executive Director Charles Vinick co-found “Friends of Lolita.” Articles of incorporation are filed with the Florida Division of Corporations.
Source: Florida Department of Corporations
March 1, 2022
At a Board of County Commissioners Meeting, Miami-Dade Mayor Daniella Levine Cava states that the County has no jurisdiction over Tokitae/Lolita and that the USDA handles such responsibilities.
Source: Miami-Dade County
March 2, 2022
Letter from USDA to The Dolphin Company granting exhibitor license. License does not cover Whale Bowl as long as animals in tank are not on public display. The letter is signed by Betty Goldentyer. Goldentyer retired in April 2023 amid USDA Office of the Inspector General and Department of Justice investigations into APHIS conduct.
Sources: Animal Welfare Institute, CBS News
March 3, 2022
Email from NOAA to The Dolphin Company’s external council giving a March 3 date for both issuance of the license and change of ownership.
Source: NOAA FOIA
March 4, 2022
The dolphin company issues press release on its websited indicating March 4 as date of ownership transfer.
Source: thedolphinco.com
March 3, 2023
USDA email response confirming that APHIS Instigation and Enforcement Services office is continuing an open investigation into the Miami Seaquarium.
Source: Personal email
One thought on “Return to The Whale Bowl”