Vancouver Courier

Aquarium watchdogs question legality of dolphins

By Sandra Thomas-Staff writer

A local environmental group says the Vancouver Aquarium is in breach of the city's dolphin bylaw, and it wants the parks board to take legal action.

Denis Howarth, a former lawyer acting on behalf of the Coalition for No Whales in Captivity, said the acquisition of two Pacific white-sided dolphins from the Enoshima Aquarium in Japan last October contravenes Parks Control Bylaw 9 (e), as well as conditions of the aquarium's lease.

"The bylaw prohibits anybody from keeping cetaceans [dolphins, whales and porpoises] in Vancouver parks, with some exceptions," said Howarth.

Those exceptions include any endangered species, any injured or stranded mammal that needs rehabilitation-with approval from a federal agency, or whales or dolphins captured before Sept. 16, 1996. Passed in September 1996, the bylaw was originally designed to ban all future importation of cetaceans, but a last-minute amendment permitted the acquisition of animals and mammals born or already living in captivity before the deadline.

At the time the dolphins were brought here, the aquarium said, "Helen" had been rescued prior to the 1996 deadline after being injured by a fishing net, while "Hana" was rescued after meeting the same fate in 2003. Both dolphins were treated at Enoshima. In May, aquarium staff confirmed 11-year old Hana was pregnant. If all goes well, this will be the first dolphin born at the aquarium in its 50-year history.

Howarth said the coalition believes the aquarium is in contravention of the bylaw in the case of both dolphins. He adds aquarium president John Nightingale has said in public statements that Helen was captured prior to October 1996.

"If Helen was captured before Sept. 16, 1996, Mr. Nightingale would say she was captured prior to Sept. 16, 1996. Instead he keeps saying she was captured prior to October 1996," said Howarth. "He has to provide the paperwork with the actual date on it, so it sounds like he's trying to avoid a direct lie. If the dolphin was captured in August 1996, he would say that, but he's not."

Howarth adds while it's possible Hana needed medical treatment in Japan, according to the bylaw the dolphin could only be acquired with approval of a government agency.

"The aquarium will likely argue it had approval from a federal agency from Japan, but the bylaw states it must be a Canadian federal agency," Howarth said.

Nightingale said the aquarium was permitted to acquire the dolphins because their injuries meant they could not be released to the wild. He adds because of that, the date of their rescue is moot in relation to the bylaw. Nightingale said he did not know the exact date of Helen's rescue, but adds it was before October 1996.

"Because neither could be released they seemed to be perfect candidates to add to our small family of dolphins," he said. "The bylaw was developed to take purposeful capture off the table, but if for some reason or other a dolphin can't be released we can provide better care than most aquariums. They're better off here."

Nightingale said the accusation by the coalition that the aquarium didn't have Canadian federal approval before bringing the dolphins is ridiculous.

"Not only do we have all of the [Canadian] government approvals we need, with a group like the coalition and [coalition director] Annelise Sorg looking over our shoulder we have to pay attention to detail," he said.

Parks board vice-chair Ian Robertson told the Courier he is unfamiliar with the issue, but added the board's planning committee was to hear the coalition's presentation Tuesday night.

Robertson speaks on matters pertaining to the aquarium because Park Board chair Heather Holden, an employee of the facility, excuses herself from voting on matters pertaining to the aquarium.

published on 06/07/2006

New species and a tunnel planned for aquarium's expansion
And mom of stillborn dolphin monitored, doing well

Yumimi Pang, The Province
Published: Friday, June 09, 2006

Just a day after the stillborn birth of a dolphin, the Vancouver Aquarium announced that new animal species and a tunnel observatory will be among its proposed expansion plans.

The aquarium, which celebrates its 50th anniversary on June 15, plans to use half an acre of space that used to house a zoo to expand its size by about 27 per cent.

Hana, the mother of the stillborn dolphin, is being monitored and is doing well. In the expansion, Hana may be joined by new species, including beavers and seabirds like the puffins the aquarium used to display in the 1980s.

The aquarium also has plans for a tunnel observatory.

"The tunnel will go through the stellar sea lion exhibit where you can watch a 2,200-pound sea lion literally with the grace of a ballerina," said Vancouver Aquarium president Dr. John Nightingale.

The $70-million-to-$80-million proposed expansion is planned for completion in 2009.

It's part of the aquarium's revitalization plan that includes this fall's opening of the aquarium's 55,000-square-foot Discovery Education Centre.

Janos Mate of Whale Friends believes the funds could be better used.

"We should be spending resources on more IMAX theatres and using our electronic wonders to inform the public about how these animals live in the wild . . . instead of putting them on public display under captive conditions," said Mate.

The Vancouver parks board recently decided not to put the question of aquarium expansion to a public referendum. Instead, public consultations running from the end of June to September will be used to gauge the public's opinion.

"A referendum's a poor way to have a conversation because it's either yes or no. Referendums tend to divide people right down the middle," said Nightingale.