/https://www.thestar.com/content/dam/thestar/opinion/contributors/2021/05/30/two-years-in-free-willy-law-phasing-out-whale-and-dolphin-captivity-is-shrouded-in-secrecy/us_news_env_alaska_belugas_dmt.jpg)
In 2019, Canada passed a groundbreaking and hugely popular law phasing out whale and dolphin captivity. These intelligent and social animals, whose natural ranges span vast areas of open ocean, do not belong in tanks.
The legislation, widely dubbed the “Free Willy” law does not mean that Canada’s 50-plus captive whales and dolphins — all but one housed at Marineland — will be set free. Most likely cannot be released into the wild, and space at seaside sanctuaries is limited (though expected to grow). But it is illegal to use these animals in shows for human entertainment or to breed them, making this the last generation to live physically and psychologically dismal lives in captivity.
Recent events suggest this intent may be thwarted when Marineland sells whales and dolphins to other facilities. When Connecticut-based Mystic Aquarium applied to import five belugas from Marineland for scientific research, documents made public by American regulators showed that the facility planned to place the whales on public display and allow them to breed.
Canada, meanwhile, refused to even confirm whether Marineland had applied for its export permit. So it came as a surprise when news broke on social media that five belugas were being prepared to journey south. Still, Canadian officials would not release the export permit, instead offering vague assurances that the whales would not be used in performances or bred.
For those concerned about the whales and ensuring they are not used to increase the population of captive belugas in the United States, these assurances were not particularly comforting. Once the whales touched down, Mystic Aquarium’s president conceded that the facility still hopes to be allowed to breed Kharabali, Havana, Jetta, Sahara and Havok — four females and a male who are all five to six years old and can be expected to reach sexual maturity around age 10.
Thankfully, U.S. regulators included strong conditions in Mystic Aquarium’s import permit to prohibit breeding. But this apparent bait and switch should be a lesson: We cannot allow whales and dolphins to be shipped abroad without legally binding permit conditions ensuring that they benefit from the protections afforded here at home.
Serious questions remain about the welfare of belugas at Marineland, where allegations of animal cruelty and overcrowding have been swirling for years. Mystic Aquarium has even boasted publicly that it “rescued” the belugas transferred this month. Documents disclosed by U.S. regulators show that three whales that were to be transferred became ill last fall so three others were sent in their place. Now reports (again, via Twitter) allege a slew of recent beluga deaths at Marineland. Canadian regulators remain silent.
The image of Willy the orca leaping to freedom in the classic children’s movie is etched in our collective memory. There will be no happy ending for many whales and dolphins at Marineland, but we owe it to them to ensure their quality of life is the best possible, and that they are not bred, undermining the spirit of our new law.
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May 30, 2021 at 05:00PM
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Two years in, ‘Free Willy’ law phasing out whale and dolphin captivity is shrouded in secrecy - Toronto Star
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