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© Caio Ribeiro 2008
Updated Report on the Killer whale Kshamenk By Gabriela Bellazzi (Wild Earth Foundation) December 2013,
[email protected] The information provided on this report has been verified with the sources mentioned on the footnotes. It is important to highlight that this document was written professionally in an objective manner, and is not an endorsement for, nor a statement against keeping killer whales in captivity. This report may not be reproduced in whole or in part without citing the source I. INTRODUCTION
During the past months some groups of animal right activists have organized tweet-storms and sign on campaigns on behalf of Kshamenk, under the belief that he is a lonely and forgotten whale needing help.
We believe their actions, however well-‐intentioned, were based in outdated information or pieces of loose information, some of which were deleted by Wild Earth Foundation and Free Willy-‐Keiko Foundation but remained on the web (e.g. because they were uploaded to other sites or have not been completely erased) causing confusion.
In spite of being one of the parties on the proposed rehabilitation and releasing of Kshamenk, Wild Earth Foundation, Earth Island Institute and Free Willy Keiko Foundation have never been asked for information or requested advice regarding the whale’s actual situation, by any of the organizers of these campaigns. For this reason Wild Earth Foundation has decided to write this report thus clarifying what is Kshamenk’s current situation and respond to the latest statements made by people who do not know the complete history of this whale. About Wild Earth Foundation (Brief background):
Wild Earth Foundation (WEF) is a non-‐profit conservation organization based in Puerto Piramides, Peninsula Valdes, Chubut, Argentina. Within the members of WEF there are marine biologists, veterinarians, commercial divers and experienced whale watching captains. WEF coordinates the stranding and disentanglement network for Puerto Madryn and Peninsula Valdes, and it is part of the official necropsy team.
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WEF has written stranding and disentanglement protocols together with the Wildlife authority of the Province and the help of experts from the United States, and has organized training workshops inviting veterinarians, pathologists and stranding and disentanglement staff from other countries.
WEF is a member of the Whale Watching Advisory Board and was part of the working group that updated the Whale Watching Law and regulations for Chubut Province. In Argentina, WEF works for the International Dolphin Safe® Tuna Monitoring program (International Marine Mammals Project of Earth Island Institute).
It is known from its work and their association with organizations such as Earth Island Institute (EII) and Free Willy-‐Keiko Foundation (FWKF) that WEF does not endorse keeping whales and dolphins in captivity. As a conservation organization WEF has concentrated efforts on stopping wild captures, and has promoted national and provincial laws to protect wild populations of marine mammals.
Both EII and FWKF as well as WEF will continue to work to make a stop to future live killer whales captures as we have already succeeded in several countries including Argentina.
In 2013, 8 orcas were captured in Russia, 2 of which will be displayed during the Winter Olympic Games. The fate of the rest is unknown as they seem to be for sale. Our priority is to end wild live cetaceans’ trade. For more information check the following websites: http://wefdirector.wix.com/weforg http://www.dolphinsafetuna.com http://www.earthisland.org/immp/ http://keiko.com II. KSHAMENK BACKGROUND INFORMATION
Kshamenk is a 24/26 year-‐old male killer whale that has spent the past 21
years in a captive environment at Mundo Marino, in San Clemente del Tuyú, Argentina. He is a robust and energetic whale: he is 6,2 meters (19.7 ft) in length, with a girth of 3,95 m (12.9 ft), and an estimated weight of 3.600 kg (7,936.64 pounds)1. He currently eats 100 kilograms (220.462 pounds) of fish daily2 (2.8% of his body weight).
Kshamenk was 3 to 53 years old when he was found stranded in Samborombon Bay, Buenos Aires Province, and was transferred to the facility for rehabilitation on November 19, 1992.
He shared the pool with a female killer whale known as ‘Belen’ until she died in February 2000, few months after giving birth to a stillborn calf. Kshamenk has not had contact with any other whale since then. Mundo Marino staff decided then to move a female bottlenose dolphin named ‘Floppy’ with him. They have been together ever since. 1 Information provided by Drs. Geraci, Huff, Barret-Lennard in the 2006 health and mental assessment report 2 Information provided by Mundo Marino, 2013 3 According to Mundo Marino, a group of specialists determined that Kshamenk was 3 years old at the time of stranding. Based on the year when he impregnated Belen, WEF estimated that he was about 5 years old when he stranded in 1992.
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Collection (1992)
Kshamenk’s collection is a controversial issue and many rumors have been spread about it, but no concrete evidence was ever provided to support those claims.
The oceanarium claims to have rescued Kshamenk after he became stranded, WEF argued that he was collected opportunistically from a stranding rather than rescued and released. Although both parties can provide reasonable arguments about their claims, at this point in time it has little importance to argue about this issue. In any case, Kshamenk’s collection was not illegal, since there were no laws in 1992 banning killer whale captures in Argentina (only in 1998 a national law was created).
Request to export Kshamenk on breeding loan (2002)
In December 2001 Six Flags Funtime Inc requested an import permit to NMFS (National Marine Fisheries Service of the U.S.). Mundo Marino in turn, requested the export permit (under a “breeding Loan Agreement” between both Parks) at the Secretaría de Ambiente y Desarrollo Sustentable de la Nación (Argentina) in February 2002. The Wild Earth Foundation opposed such request for two main reasons:
1) In order to export the whale to the US, the Argentine Government had to provide Mundo Marino an “ownership” certificate. WEF claimed that under the Argentine Law a private company cannot ‘own’ a wild animal, and that giving a company the ‘ownership’ of a wild animal was a negative precedent as it may encourage wildlife trade. As a conservation organization, our main goal was to impede the government to put the local wild species at risk.
2) On the other hand and regarding Kshamenk’s welfare, WEF was concerned about the risk involved in such a long transportation; it is uncertain whether Kshamenk would be better living with other whales, considering the aggressions registered in captivity between killer whales from different populations (Kshamenk is a unique type of captive whale and the only one from the Southern hemisphere).
Nautical Chart of Samborombon Bay Scan of the stranding location
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In 2002, together with the Free Willy-‐Keiko Foundation and Earth Island Institute, WEF submitted a proposal to retire and rehabilitate Kshamenk as an alternative to his transfer to Six Flags. Different locations in three Argentine provinces were assessed and an evaluation of Kshamenk’s health and mental status requested, in order to know whether he was a good candidate for release.
WEF received then many comments that needed to be verified, for example that Kshamenk was aggressive and refused to obey his trainers. Both statements were disproved during the assessment, as the experts realized that Kshamenk is responsive to his trainers. III. HEALTH AND MENTAL ASSESSMENT (2006)
In August 2006, Drs. Joseph Geraci, David Huff, and Lance Barrett-‐Lennard, visited Mundo Marino -‐invited by Fundacion Vida Silvestre Argentina-‐ to conduct an evaluation of Kshamenk and analyze different options for his future including: a) Remain in Mundo Marino, b) Transfer to Six Flags, c) Hold in a sea pen, d) Release to the wild, and e) Euthanasia (no further consideration was given to this option because it would only be recommended if Kshamenk had a painful or severe medical condition, which was not the case).
The experts assessed the size and configuration of Kshamenk's pool complex, quality of the water, cleanliness of the habitat, feeding records, summaries of medical conditions, and clinical laboratory reports.
They observed Kshamenk at rest and also during and after exercise as a measure of fitness, noting his responsiveness and interaction with trainers. The experts have also conducted a thorough physical examination, and observed the display of medical and husbandry behaviors.
They met with two of Mundo Marino directors, Gloria Mendez and Jose Mendez, to discuss the breeding loan agreement, and also met Mundo Marino veterinarian Julio Loureiro to discuss the health and medical programs. They have interviewed the trainers to discuss Kshamenk’s behavior and invited discussion among parties having an interest in future planning for Kshamenk, conducting telephone and personal interviews with Gabriela Bellazzi (Wild Earth Foundation’s Executive Director).
According to this assessment, Kshamenk’s chance of survival in the wild is poor. If Kshamenk is released in the wild, he may revert to a previous pattern of behavior that may put him in danger, such as begging for food or seeking human contact. Contrary to what some people claimed, Kshamenk has become highly socialized with humans and is dependent on human interaction.
Of all the options explored, the experts concluded that staying at Mundo Marino was the best option with the lower risk.
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IV. REINTRODUCTION, NOT A FEASIBLE OPTION
Up to date Kshamenk’s population of origin is unknown, as well as his home range, and there is no data of any kind regarding killer whales found along the coast of North Buenos Aires. Thus, a reintroduction was not feasible.
In the recommendations that WEF, EII and FWKF submitted to the Argentine Government it was considered that a transfer to semi-‐freedom ideally should take place near the oceanarium4 (which is located few kilometers away from the stranding site) and that the project should involve the oceanarium staff that are familiar with Kshamenk.
Unfortunately there are no suitable and safe locations in the coast near Mundo Marino or near by the coast where the whale was found, which can offer enough protection to reduce the risk of damage to the sea pen by storms (that can have unwanted consequences as an accidental release into the wild or, even worse, the risk of accidental entanglement and drowning in the containment net)
Therefore, the retirement to a sea pen was not a feasible alternative and thus the best option was to suggest habitat improvements such as a new chill system, and increased water quality.
Another option was to upgrade Kshamenk’s pool or to build a new and bigger one. In 1995, the oceanarium directors hired a US company specialized in designing life support systems for marine animals, that had built several facilities for Sea World. A place for the new (and bigger) pool was allocated northwest of Mundo Marino5.
All the pre-‐construction stages recommended by the specialists who conducted the floor geological study were successfully developed, but the construction had to be put off due to the economic crisis in Argentina (2001). V. KSHAMENK’S HEALTH
Kshamenk was found to be in an excellent overall health. In the opinion and experience of the experts, he is among the healthiest killer whales in captivity6. • He is responsive to handlers, well trained in both
show and medical behaviors; he is well adjusted to a companion animal and to his keepers.
• His movements are strong and he is capable of vigorous sustained activity following which there is no obvious change in his breathing pattern or
swimming behavior. • He is alert and responsive to all cues and signals. • Teeth are excellent, showing virtually no wear. • The experts have observed no signs of self-‐mutilation. • His appearance, health, energy level, appetite, interactions and behaviors do
not indicate social deprivation.
4 Such project requires several levels of planning, including the possibility of backward steps, for instance, if the animal does not adapt to the sea pen, it would need to be returned to the oceanarium. 5 Personal communication with Mundo Marino representatives. 6 Geraci, Huff y Barrett- Lennard (2006)
©Caio Ribeiro 2008
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VI. KSHAMENK’S SOCIAL ENVIRONMENT
During the health and mental assessment, there was much discussion among the parties regarding the advantages and disadvantages of having Kshamenk living with other killer whales.
He belongs to a completely different population than all the other killer whales in captivity, and it is unknown how he or the other whales would react.
Several examples exist of aggression between captive killer whales, and it is impossible to predict if he will be attacked or if he will attack other whales. It is therefore not possible to assure that living with other individuals of the same species would constitute a better social environment than his current one.
The group of experts who performed Kshamenk’s assessment concluded “As killer whales are highly social, we believe it would be inhumane to keep him alone. That said, he is strongly bonded at present both with the bottlenose dolphin, Floppy, and with his human trainers” VII. POOL CONFIGURATION
Mundo Marino cetacean colony lives in a complex of 5 pools (6 million liters of water) that are connected by canals and gates. Kshamenk and Floppy occupy the main exhibit pool, an oval pool with a maximum length of 35M (114.8 ft) and a maximum depth of 6.5 M (46.7 ft.). Both animals have open access through a canal, to a round satellite (holding) pool with a diameter of 12M (40ft.) and a depth of 3M (10ft.). Apart from Kshamenk and Floppy, 12 bottlenose dolphins are held in the 5 pool complex.
Since the suggestions provided during the 2006 health and mental assessment, Mundo Marino has improved several features: • The chiller capacity and backup systems have been improved, ensuring the
right temperature in all the pools at all times, even during the summer months. • A shading structure was built. • The water filter system has been replaced, improving the quality of the water
Kshamenk and Floppy, July 2013. Photo from Mundo Marino Facebook page
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• The old sound system was recently changed by a brand new one, which is directional, reducing the disturbance on the animals.
Notes:
a) Although it has been suggested that Kshamenk and Floppy are kept permanently in the satellite pool, they are only held there occasionally, spending most of their time in the main pool.
b) Even though when the pool fulfills the national regulations standards in volume and dimensions, WEF believes that ideally it should be larger and at least 1.5 meters (5 ft) deeper. However, the pool size is not the only feature to consider when evaluating the quality of life of a captive cetacean. The exercise and training programs are extremely important, and are vital to keep the animal in good shape and prevent boredom. In addition, the veterinarian health care program and the whale’s social environment are equally important.
VIII. INFORMATION ABOUT MUNDO MARINO7
Mundo Marino is a family run company that has evolved and improved over time thanks to reinvesting in the company. The oceanarium’s technical skills have increased by including trained personnel from universities and national institutions as well as organizations from abroad. The oceanarium is not financially associated with any foreign company.
Mundo Marino Foundation conducts marine conservation activities and has a Wildlife Rehabilitation Center, which has been listed as one of the official rehabilitation facilities by the Government Buenos Aires Province. With the advice of their researchers, Mundo Marino Foundation has built laboratories that are supported by CONICET (Consejo Nacional de Investigaciones Científicas y Técnicas).
7 Source Mundo Marino Directors
Google Maps Screen capture
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For more information, check the following websites: www.mundomarino.com.ar www.fundmundomarino.com.ar IX. CONCLUSION
Although WEF believes there is no better place for the whales than the ocean, not every whale in captivity is in the same condition and has the same chances of survival. There are cases of individuals that have been kept in captivity for many years, whose reintroduction is not the best option.
The experts have concluded that a reintroduction project is not feasible for Kshamenk, as he is dependent on humans; he could revert to previous behaviors in the wild that may put him in danger, such as begging for food or seeking human company.
Reintroduction is the movement and release of an animal inside its indigenous range. According to the International and local conservation guidelines and regulations, it is not recommended to release an animal outside its indigenous range and/or in a different genetic stock. Introduction can cause extreme, negative impacts that are difficult to foresee8.
Kshamenk’s home range is unknown, and no study has been conducted to determine which genetic population he belongs to.
While holding Kshamenk in a sea pen would provide him with a larger and richer environment that would allow him to engage in natural activities, such retirement plan is likely to fail in the current situation. The costs for a long-‐term care are excessive, and, mostly important, there are no adequate locations near the oceanarium or near the area of Kshamenk’s stranding, which would ensure protection from storms and other natural threats.
Aerial view of Samborombon Bay 9. With the high tide, the water enters the channels (called “rías”), flooding them, but the inter-tidal zone becomes almost dry during low tides.
Given the impossibility of reintroducing Kshamenk, WEF and FWKF have
developed proposals to improve the habitat quality and thus his quality of life. The experts who conducted the physical and mental examination of Kshamenk forwarded these proposals, and Mundo Marino met them all, even though the national and provincial laws regulating oceanariums did not oblige them.
8 Guidelines for Reintroductions and Other Conservation Translocations, IUCN, 2013 9 Photographs provided by Six Flags to NMFS, 2002
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Photo by José D. Mendez ©Mundo Marino 2013
Kshamenk remains very healthy. WEF is still in contact with Mundo Marino and will continue discussing ideas to improve, as much as possible, Kshamenk’s quality of life.
Acknowledgements
The author would like to thank A. Mel Cosentino and Diana Visintini for their contribution to the report; Ricardo Bastida and Mark Berman for reading and reviewing the document; and Mundo Marino directors for providing the information cited on the footnotes.
Special thanks to Joseph R. Geraci for his advice during the discussion about the options for Kshamenk’s future; to Ezequiel Grande for the legal advice; and to the Free Willy-‐Keiko Foundation and Earth Island Institute for providing support and guidance during the legal case.
© Caio Ribeiro 2012 © Caio Ribeiro 2008
Although some activists claim that Kshamenk’s teeth are worn down, this photo taken on December the 26th, 2013, proves otherwise. In the right lower jaw, one tooth is fractured above the gum line, and behind it are two teeth that appear to originate from the same socket. Other than that, there is no obvious pathology and teeth as well as gums appear healthy
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