Riding on two dolphins or being kissed by a manatee in an aquarium is an experience that could never be repeated. Shows with marine mammals hang in the balance, following the approval of the amendments to Article 60 of the General Wildlife Law in the Chamber of Deputies, with 331 votes in favor, 17 against and 125 abstentions, on September 19.
The decision to continue them is in the hands of the Senate of the Republic, where a simple majority is required to pass the reform, that is, at least 67 legislators.
The initiative seeks to prohibit the use of specimens of marine mammals in fixed or itinerant shows; as well as in any activity whose purpose is not scientific research or for teaching purposes, for their conservation and preservation.
According to the justification of the minute, Mexico is the fourth country in the world with the most dolphins in captivity and the 34 registered dolphinariums are home to around 240 specimens. Quintana Roo accounts for more than half of these sites, with 17.
The tour packages offered by major companies, such as Dolphin Discovery and Delphinus, range from living with the dolphin to swimming supported by the mammal's fins.
“It's animal cruelty,” said Selene Mariel Tejeda, representative of the organization Empty The Tanks in Mexico, in an interview with Journalism CN.
The proposal did not convince environmentalists, and at the same time it caused the rejection of business groups associated with the activity.
Even if the use of specimens were limited to scientific and educational activities, there would be permanent damage to the physical, mental and social health of dolphins, the Mexican Association of Habitats for the Interaction and Protection of Marine Mammals (AMHMAR) explained in a statement issued on October 24.
For the representative of Empty The Tanks, an organization that works globally against the capture of mammals, the proposed reform of the General Wildlife Law has multiple deficiencies, although she considers it “an advance”.
Tejeda assured that what the initiative proposes is already a fact, since catches are restricted for commercial purposes.
The drafting of the new Act, if approved, considers that captures can be taken for educational or scientific research purposes. The activist rejected that.
“We're back to the same thing,. What is education? What is recreation? What is conservation? , is to put a brush in his mouth, in other words, it's very ambiguous,” he said.
The Green Party's initiative is not new. In March 2014, an opinion with the same provisions was presented and approved, but it did not succeed in the Chamber of Deputies.
“What the Green Party did four years ago is to attract attention, upset everyone and believe that the dolphinariums were already canceled and it's not true, they always make a political payment to confuse people and right now they're doing exactly the same thing,” said Selene Tejada.
The initiative approved by deputies indicates in its Article 60 that the use of marine mammals for commercial purposes and any activity that “does not have the purpose of teaching, conservation and preservation” is prohibited.
Empty The Tanks, as an organization, promotes its own initiative, but it has not been taken to the plenary for discussion, as they have tried to do so through legislators. To bring it up for discussion as a popular initiative, it should have the support of at least 1.3% of the National Electoral Roll, through supporting signatures.
The organization seeks more restrictive measures: prohibiting all forms of captive reproduction, unless they are species that need to be reintegrated into their habitat because they are in danger of extinction.
“The dolphin is not an endangered mammal. Then it could never be subject to reproduction,” he added.
It proposes the closure of habitats that use ponds and pools. It proposes a model of habitats in marine pens for species that cannot be reintegrated, where close proximity with a snorkel or kayak is possible.
“We demand that these dolphins that are now in tanks be the same dolphinariums to take care of those who are responsible for enabling the conditions to keep them in sea pens, they cannot be released immediately because they have to undergo a rehabilitation and reintegration process that lasts approximately two years,” he said.
A death sentence for dolphins, say businessmen
The AMHMAR, the Association of Specialists in Marine Mammals (ADEMM) and the Association of Zoos, Aquariums and Kennels of the Mexican Republic (AZCARM) indicated in their joint statement that the changes in this Law are intended to prohibit the reproduction of dolphins and other mammals under human care.
These associations comprise most of the marine habitat companies in Mexico.
To achieve this, they said, dolphins would have to be separated between males and females, which would affect mentally and socially, destabilizing their groups and social behavior. Or, they added, contraceptive hormones would have to be supplied permanently, damaging their health, with consequent pain and suffering until their death.
The organizations called on the Senate not to approve the proposal. They said they have scientific research that supports the welfare of mammals in captivity.
The Cetacean Wellness Study, which they cite in the information provided, suggests that environmental enrichment programs and social management factors were more strongly related to behaviors, which, he says, translates into possible indicators of positive well-being.
“There is no beauty in stolen freedom”
“There's No Beauty in Stolen Freedom” is the name of Empty The Tanks's active campaign in Mexico. The organization visited 19 habitats located in Quintana Roo during 2018 and 2019 to document mammal conditions, according to its website.
“What they discovered were amazingly small tanks, some of which are just a few feet from the ocean, filled with dolphins that displayed restless and stereotypical behavior. Every day, dolphins must earn their food by doing tricks and entertaining paying tourists,” the report states.
The report shows photographs of dolphins with marks and wounds, as well as videos taken with drones showing mammals swimming in circles around small pools. It was even said that a baby dolphin died due to poor conditions.
Journalism CN requested an interview with an AMHMAR representative to counter this information, but it was not possible to specify it.
“They infinitely thank you for your interest. You can imagine that they are working hard and for the time being their schedule is saturated,” the press link replied.
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