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SeaWorld Tragedy Impacts US Medical Coding System

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NOTE: Descriptive medical and forensic language is used in this article to describe the "struck by" hazard posed by captive killer whales on their human handlers 
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According to Forbes Magazine the US National Healthcare Expenditure (or NHE) is approximately 3 trillion dollars annually. A portion of that expenditure goes to pay approximately 90,000 certified medical coders around the country. 

For those that work directly within the US medical healthcare system you know that the industry, including hospitals, administrators, doctors, nurses, & staff is carefully & nervously monitoring the transition from the current ICD-9 to the ICD-10 system. 


Medical coders are in short supply as the system becomes more complex & detailed 


ICD is an acronym for the "International Classification of Diseases." These diagnostic codes describe what condition you are getting billed for by your physician or hospital. For example, there is a code for low back pain, 724.2 and migraine headache, 346.9. The United States is currently on the ninth edition, and after several delays will be transitioning to the ICD-10 in October. 


The Connection to SeaWorld

As described in the movie Blackfish, killer whales do not harm humans in the wild. And no one in the ocean has suffered a killer whale "struck by" injury. But the same is not true of trainers interacting with SeaWorld killer whales both in the US and abroad. In fact, two trainers have been killed specifically by "struck by" injuries. Both fatalities were attributable to captive SeaWorld killer whales. 

Read about Keto's "struck by" attack at Loro Parque, here




As described HERE, the new ICD-10 codes are being implemented to provide more "detailed healthcare data and a greater flow of that data to improve medical communication, which could contribute to advanced... protocols and clinical pathways." 

Now, as a result of the two tragic deaths in Orlando & Loro Parque, the US medical coding system has adopted a specific diagnosis in its ICD-10 library to address future instances of captive killer whale aggression. And no, this is not a joke: 


Initial encounter



Specific code icon 2015 ICD-10-CM Diagnosis Code W56.22XA  

Struck by orca, initial encounter

    2015 Billable Code Not A Principal Dx
  • W56.22XA describes the circumstance causing an injury, not the nature of the injury, and therefore should not be used as a principal diagnosis.
  • W56.22XA is a billable ICD-10-CM code that can be used to indicate a diagnosis for reimbursement purposes.
  • On October 1, 2015 ICD-10-CM will replace ICD-9-CM in the United States, therefore, W56.22XA - and all other ICD-10-CM codes - should only be used for training or planning purposes until then.
  • This is the American ICD-10-CM version of W56.22XA. Other international ICD-10 versions may differ.



Excerpt From Court Records Related to the SeaWorld Tragedy: 

This tragic description is likely the genesis of the new ICD-10 code being implemented in October 2015



Lastly, in an effort to educate physicians, nurses and staff, at least one hospital in Washington state has hung the following poster in its hallways to raise awareness regarding ICD-10 changes. In all likelihood the artists and employees who crafted this piece are not aware of its relationship to actual events perpetrated by incarcerated orca against their human handlers.


This is just another sign that it's time to #EmptyTheTanks



An Open Letter to the California Coastal Commission Regarding SeaWorld Entertainment Corporation

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Note: We encourage our readers to pen their own message to the CA Coastal Commission at this specific email address: seaworldorcafacility@coastal.ca.gov. 


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Dear California Coastal Commission:

On August 15, 2014, less than 48-hours after its value collapsed at the New York Stock Exchange, SeaWorld Entertainment corporation, SEAS, announced plans to dig a 50 foot deep killer whale habitat in Mission Bay, California, on land that is leased from the city of San Diego & without obtaining the needed permits from your commission. 


We posted a blog about the announcement last year, here.  



As you know, this announcement was made in haste, by a corporation that has lost nearly half its market value since August of 2014, is deeply in debt, thanks to Blackstone, and by a company whose industry "it leads" is slowly dying in North America. 






Cetacean captivity is being phased out in first world countries. It is prohibited in several other nations, regions, & municipalities around the world. There are no captive cetaceans in the United Kingdom. The Province of Alberta, Canada, just passed "The Prevention of Cruelty to Animals Act," in May, which "prohibits the breeding and acquisition of killer whales." 





There is currently a tabled bill in California, The Orca Welfare & Safety Act, AB-2140, that is awaiting a vote. This bill, if made into law, would end killer whale circus shows in California and prevent captive breeding and the transportation of killer whale reproductive cells (gametes) across state lines. Other bills have been proposed in Washington & New York States. 






Times are changing. Most people now oppose captivity


Read an article about this data HERE.    See the Edge Research memo HERE










SeaWorld parking lots have been relatively empty lately. The public is catching on & millions of young people are rejecting SeaWorld's business model of circus style performances using highly intelligent & social marine mammals. Medical records show that SeaWorld orca are sometimes given benzodiazepines such as diazepam (Valium) to "mellow" them out and according to the chart note below, prevent "Ikaika" from "attempting to breed the calf." Does this sound natural to The Commission? 
  




SeaWorld has become the butt of late night jokes. Conan, below, refers specifically to SeaWorld's new plan for pool expansion. 






As recently as 2012, SeaWorld was cited & fined for polluting Mission Bay, and it wasn't the first offense. Please see this excerpt from Frank Gormlie of the  San Diego Free Press 23 October 2012:


SeaWorld is not just any corporate entity. Outside of the thousands of birds crapping in the water, one of the biggest polluters of Mission Bay is SeaWorld itself. Just earlier this year, SeaWorld was fined $6,000 for dumping excessive ammonia and animal waste into the Bay. (See Fox5 video here and “SeaWorld Cited for Exceeding Mission Bay Effluent Limits” in an article by Matt Potter, March 20, 2012 in the San Diego Reader.) SeaWorld is the largest discharger of water into the Bay and has been a known polluter of the body of water, as the bay has been on California’s list of impaired water bodies for several years as it does not meet the Clean Water Act standards. 

On Friday, pop icon Harry Styles sent shock waves & headlines around the globe by asking One Direction concert goers and his 25 million followers to just "Don't go to SeaWorld." 





Lastly, in a display of corporate arrogance, SeaWorld didn't bother to consult your Coastal Commission prior to making its plans known to the public. The CEO that made the announcement has since been let go. In short: 

Please deny SeaWorld the permissions it needs to expand the unethical & cruel practice of killer whale captivity for human amusement. It's time to end the practice, not time to double-down on it. California is a progressive state. We hope you'll take a progressive stance on this issue of killer whale habitat expansion at SeaWorld in San Diego. 


In addition to emailing The Commission, consider signing this petition from MoveOn:

Tell the CA Coastal Commission to say NO to SeaWorld!



Thank You, 

Carol Ray, John Jett, Jeffrey Ventre, Samantha Berg, aka Voice of the Orcas (VOTO) 



SeaWorld's Corporate Spy was in Much Deeper than PETA

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On 14 July 2015 PETA announced it had busted Paul T. McComb, a SeaWorld employee, for corporate espionage. 

Immediately & via social media, the animal justice movement mobilized and dozens or maybe hundreds of screenshots, videos & images of McComb began showing up across the internet. The perpetrator, using the alias "Thomas Jones," had not just been involved with PETA demonstrations, but also the activities of its former employees, such as at the Superpod Three gathering and at SeaWorld protests. Here he is from August of 2012. This screenshot was shared: 





It illustrates Jones mixing it up with SeaWorld critics, digging around for information regarding a documentary film that was "217 days" away. The "counter," referred to above, was the countdown timer posted here at VOTO, indicating when Blackfish would premier at the Sundance Film Festival. Thus, we know Jones was active as early as August of 2012.  




"Thomas Jones" on the Left, posing as a SeaWorld protester. SeaWorld Employee Paul T. McComb on the Right


Today the story has gone international with Joel Manby, SeaWorld's CEO, issuing a public statement
"The allegations made yesterday against a SeaWorld employee are very concerning. These allegations, if true, are not consistent with the values of the SeaWorld organization and will not be tolerated. The SeaWorld Board of Directors and I have initiated an investigation into this matter which will be led by independent outside counsel, Ron Olson of Munger, Tolles & Olson, whose firm will have full access to our organization and people. In addition, we have placed the employee in question on paid administrative leave pending the findings of the investigation. We will take all appropriate actions based on the results of the investigation to ensure that the integrity and values of the SeaWorld organization are upheld."

Democracy Now! has published this piece which includes interviews with attorney Matthew Strugar, PETA volunteer Hal Weiss; and Will Potter, investigative reporter: 






According to Bloomberg
Jones used social media to contact other protesters for information... He also urged activists on. “Grab your pitch forks and torches. Time to take down SeaWorld,” Jones said in comments on Facebook before a July 4, 2014, SeaWorld protest.
Photos of Jones posted on his Facebook page resemble those of McComb on the page of his wife, Brittany McComb. Reached by phone, she confirmed she is married to Paul McComb, while declining to answer other questions. The Facebook page of Brittany McComb, which was available Monday, has since been taken down.



July 2014: Jones Attends #Superpod3, a gathering hosted by ex SeaWorld trainers that features lectures, Q&A panels, whale watching trips, social events and also the mixing of bloggers, activists, & journalists with prominent killer whale experts.   


This slideshow by Dr. John Jett was video bootlegged by a SeaWorld mole at Superpod3 and published online after the event




At The Whale Museum:

Notice Jones in the white T-shirt below. He's positioned in the front row for a lecture on captive killer whale survival. The speaker requested that the material not be recorded or published so as to not jeopardize it's publication status at a respected journal. Despite this request a bootleg video showed up published online and being shared among SeaWorld employees and fans. 


Does a camera lie beneath the sweatshirt on his lap?


SeaWorld Corporate spy "Thomas Jones" has a Front Row Seat at The Whale Museum


Final Thoughts

In addition to PETA protests, it's clear that Jones attended many other events since at least 2012, and he doesn't appear to be the only corporate mole. Jones is currently signed up to attend #Superpod4, which begins in just a few days.  

While Voice of the Orcas absolutely does not condone many of Jones' posts--which try to incite violence, we do welcome Jones and all SeaWorld employees to attend any and all of our events. Hopefully, Jones met some amazing people in the San Juan Islands, was able to see wild orcas and learn about their sophisticated lives from many of the world's top scientists. 

The Irony. A SeaWorld Employee Holds Up a "Free Corky" Banner at Superpod Three 

We know how difficult it must be to see a wild killer whale swimming with their extended families over 100's of miles and then return to SeaWorld and see them in small tanks. We are sure Jones' life has been turned upside down in the last few days. He is another small cog in the SeaWorld corporate machinery which will do anything to protect the idea of captivity and the profits it yields. 

We wish him well and welcome him back, along with all SeaWorld trainers and employees. Join us at Superpod 4.

Superpod Four Recap & Superpod Five

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Superpod Four was a success with many of the goals being achieved. It was well attended and whales were plentiful. For the 4th time in the past five years people walked away informed & inspired. Some will take action based on new knowledge. 


Jeff Friedman leads a group on his boat, The Peregrine. J. Ventre photo 

After years of evidence-based analyses and debate, there is little doubt that the removal of the lower four Snake River Dams is critical to improving the health of the Northwest salmon fishery, the region, & to the survival of the endangered Southern Resident Killer whale clan. 

This move not only helps whales, but stakeholders. The return of potentially tens of millions of salmon each year provides not only food for humans & predators, but organic material for soil, grasses, shrubs, crops, trees & small critters. Conversely, stagnant warm water behind dams kills fish, collects toxic sediment, & blocks the cycle of life. 


A dam to a river is the equivalent of a clogged artery.  It's time we...  #LetItFlow


Due to being very high in Omega 3 Fatty Acids, Salmon help unclog arteries in humans. We should return the favor. 


We sincerely apologize to Adam Wicks-Arshack whose moving short film, Treaty Talks, A Journey Up the Columbia River for People & Salmon did not get screened due to lectures running late, combined with ferry scheduling & poor communication (translation, "cell service," while on the island). 

We've embedded Treaty Talks Here, so you can watch it. Adam's film takes on salmon restoration as the cameras follow his crew from Astoria to the headwaters of the Columbia River in hand-carved canoes painted to represent five species of salmon that use the river. The Grand Coulee dam, one of many they passed, has NO fish passage. It's a must see film for those interested in this issue. 






The documentary DamNation, did screen at Superpod Four, & nicely encapsulated the argument for removing deadbeat dams. An all-star panel followed the screening & we learned that dams are not just detrimental to salmon passage, but also expensive; a key point that politicians need to be made aware of. After seeing wild killer whales at Superpod Four, Blackfish cast member John Hargrove took direct action and called The Whitehouse. Consider doing the same. 




From a summary memo (something to tell The Whitehouse):   
"The four lower Snake River dams impede access to more than 5300 miles of prime salmon habitat and operate with huge public subsidies, largely to maintain a seaport 465 miles inland at Lewiston, Idaho 
The fastest way to recover Snake River salmon according to many scientists and the court overseeing the fish litigation in the Columbia Basin is to remove the four lower Snake River dams."


Laurel & Ryan aboard the Western Prince "Blackfish trip" -- Photo JV
During the past week connections were made & collaborations initiated. These are the people that will get the job done. Over 300 individuals registered although we don't have an official count on how many people actually attended. Based on the final party at the Center for Whale Research, it was "a lot." All three "local" orca pods participated with plenty of J's, K's and L's making appearances throughout the week. 

Making the correlation (for hundreds of participants) between dwindling salmon & the endangered killer whale population was the biggest accomplishment of Superpod Four. 


Photo JV

The new babies looked healthy & much socializing, foraging & resting behaviors were witnessed from the shores, including at the Lime Kiln Lighthouse, as well as from the sea. Several authors, including Sandra Pollard, "Puget Sound Whales for Sale," David Neiwart, "Of Orcas & Men," and John Hargrove, "Beneath the Surface," all had excellent interactive presentations. Their books are all hyperlinked above. 


Much gratitude to Jeff Friedman and Dr. Deborah Giles for doing the on-island organizing, working the mics, and the securing of venues. It paid off during the event and time will tell what comes of the orca-salmon people cross-pollination. 


The Community Theater was a Great Venue for Lectures             Photo JV
The Community Theater was a great space and the presentations were informative. 


Killer Whale Families were Plentiful at #Superpod4 - And not a single collapsed dorsal fin. 

A Los Angeles based film crew led by Tessa Rapaczynski did an amazingly effective IndieGoGo campaign, raising enough funds to begin producing a new short film or documentary. (Hint for next year). 





They obtained interviews from notable orca scientists Ken Balcomb and Ingrid Visser as well as the staff at the Center for Whale Research & many others. The @SuperpodDoc team was all over the island & the Haro Strait and we can't wait to see what they'll produce in the months ahead. 



Kudos to that depth of vision, drive and execution, not to mention the faith they had in the event itself to deliver top rate material in just 5 days. With "black n whites" around... it's not hard to do. 

Derik, Riana & Dalton Nelson were on island to raise awareness with live music including this original song for Lolita.  






Dr Ingrid Visser and Blackfish cast members had a great live L.A. Talk Radio interview with The Barbi Twins, Jani Shultz & Captain Paul Watson. That interview is archived, HERE, & gets into several different issues regarding SeaWorld, whale watching, & the captivity debate. 



Dr Visser's rousing lecture received a standing ovation. Here she describes how SeaWorld & the captivity industry "green-washes" captures & calls them "rescues"   Photo: Jeffrey Ventre 

It will take many months for us to absorb everything that happened at #Superpod4, from the lectures to the amazing killer whales, bald eagles, seals, humpbacks & everything else. And this recap is not comprehensive in any way. There was a LOT going on. 





The weather was blue skies until the final day, when it turned wet, but that didn't stop the Southern Residents from making a pass by the Center for Whale Research for the final party. Like last year, the whale's timing couldn't have been better. 


Blackfish Cast Members Host & Help Put On Superpod Events Along with Jeff Friedman & Others


The Road Ahead: #Superpod5


This year our event theme was salmon. In 2016 we look to The Future& honor the new young leaders of the animal justice movement. They are the ones who will #EmptyTheTanks and redirect our global human society toward a sustainable course. We've already reached out... and with their help and leadership, next years event will take another step forward. 


#Superpod5: The Future
Dates: Mon-Fri, July 18-22, 2016 


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Stay tuned for more material here and @Voice_OT_Orcas (interviews, presentations, photos, and more). Hashtags #Superpod5, #Blackfish, #EmptyTheTanks, & #LetItFlow (dam removal) are in full effect. I hope to see you at #Superpod5, The Future. JV



Photo JV

Superpod Three Is Rapidly Approaching

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The Superpod events are gatherings that occur on San Juan Island, WA, usually via Seattle, in mid-July, and are open to the public. Folks travel in from around the world, and make their own arrangements. Dr. Ingrid Visser won the "man-mile travel award" at the last Superpod, coming from New Zealand. 

MEET THE SOUTHERN RESIDENTS IN FULL SUPERPOD MODE HERE: 


The event features Pacific Northwest killer whales, including the famous "Southern Residents," but also transients, whose numbers are on the rise, and who are frequently seen from boats and shore. 

Photo by Dr Astrid van Ginneken, Co-Principle Investigator of "Orca Survey" based on San Juan Island









The people that attend the event include scientists, journalists, former trainers, naturalists, film-makers, bloggers, and people that want to see killer whales in their natural home. This year the event begins on "World Orca Day, Monday July 14," as declared by Dr. Visser. Scheduled events will occur Monday through Friday, but most folks will be departing on Sunday, July 20. 



Howard, Ken & Tim were all involved in Blackfish at Superpod 1 & 2. Photo via JV.

The first two Superpods were successful. Whales were abundant & they provided an incredible setting for pod members & three film crews, including from Blackfish, the Humane Society, and the Non-Human Rights project.  David Kirby utilized Superpod 2 to launch Death at SeaWorld to a full house of whale enthusiasts. There have been multiple presentations including from Drs Lori Marino, Naomi Rose, Astrid Van Ginneken & Ingrid Visser; also from Terry Hardie, Howard Garrett, Attorney Jeff Kerr, Attorney/Professor Steve Wise (of the Non-Human Rights Project), Ella Van Cleave, and more. Sam Simon broadcast his radio program from the Best Western Hotel in Friday Harbor on 20 July 2012.




Superpod gatherings occur in the "San Juan Islands" of Washington state, and (also) on "San Juan Island." The San Juan Islands are an archipelago in the Northwest corner of the contiguous United States between the US mainland and Vancouver Island, British Columbia, Canada. They are accessible to the public by water and air. Friday Harbor is the main town on San Juan Island. It is where your ferry or sea plane will take you.



A Washington Stare Ferry Navigating the San Juan Islands. You drive your car onto this boat.

The waters between the islands are also the home to Chinook salmon, the Southern Resident killer whales' favorite food. J,K, and L pods, including Granny, the 103 yo matriarch, congregate each summer in a "Superpod gathering." Thus, this event is both a gathering of killer whales and "whale people," complete with annual customs, and festivities.


A Washington State Ferry at Friday Harbor. Photo by Jeffrey Ventre












The most common means of travel to Friday Harbor is by Washington State Ferry out of Anacortes. One advantage of this approach is that you can use your own vehicle for island transportation. But other options exist; and they include a high speed catamaran out of Seattle, called the Victoria Clipper.

This is a terrific ride, although it's a walk-on ferry only. It's a great option if you're meeting up with other folks that have transportation, or don't need a car. Of note, there are plenty of ways to get around on the island without a car, including bicycles, scooters, and island taxis.




Stunning View of Deception Pass. If you ride a Victoria Clipper Catamaran out of Seattle, You'll go under this Bridge

Lastly, one can arrive on a sea plane via Kenmore Air from Seattle. This will get you in and out of the event quicker than the other options, and the ride is stunning; definitely a great way to arrive. If you're a heavy packer, though, this ride has a weight limit. 


Kenmore Sea Plane takes off from Friday Harbor, San Juan Island, WA, USA. Photo via Jeffrey Ventre

Regardless of which method you select, they all offer incredible approaches to a very special place, Friday Harbor and the surrounding ocean. 

Once there, various options exist for lodging all over the island. These include hotels, B&B's, camping, marina cabins at Snug Harbor, large boats, and rental homes. Over the years, we've found the most cost effective method (excluding camping) is to get a group in a rental house together. This year, the four of us at Voice of the Orcas, will be co-hosting a party with Jeff Friedman @orcawild on Wednesday July 16, at this ocean front location, below. The deck provides a great view of killer whales and the Haro Strait. It also serves as a picturesque backdrop for interviews, especially when whales are swimming by (which typically is a daily occurrence). Superpod events have historically attracted journalists, authors, and film teams. Wednesday's deck party should bring lots of folks together in one location, and hopefully some very special #Blackfish. 

Photo by Jeff Friedman @orcawild


















Events occur daily, and include whale watching tours, documentary screenings, presentations, and nightly social gatherings. Below is a rough schedule to give an idea of #Superpod3. Keep in mind that it stays light very late in mid July 

DRAFT / ITINERARY / MORE TO COME 
MON:  Arrive. See whales. Meet & Greet Social Event in the Evening
TUES: Whale watching activities / Presentation(s) / Whale Museum Event 
WED: Whale watching / Presentation(s) / VOTO Party / media
THURS:  Group Whale Watch Trip on The Western Prince / Presentation
FRI:  Whale watching / kayak trips /Movie Screening / Party
SAT/SUN: Possible Movie Screening / Flex time / departure 

Lastly, slide show presentation topics & potential movie screenings have been discussed and will be announced when various experts confirm their travel plans. For reference, Superpod gatherings have become an educational real world setting for disseminating (actual) killer whale knowledge & facts to regular people from all over the world. Most folks consider the experience pivotal or life changing, including the four of us at VOTO. 

Use the comment area for questions. This itinerary will be updated as new information becomes available. 




SeaWorld Spreading Misinformation About Empty The Tanks

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Busted Again. SeaWorld Continues to Spread Misinformation to Manipulate Public Opinion 

Interview with #EmptyTheTanks Founder, Sea Shepherd Volunteer & Cove Guardian, Rachel Carbary 


I guess if you're a multi-billion dollar corporation that has profited greatly from marine mammal captivity; and if weaving corporate misinformation into the public discourse to manipulate customers has been a standard practice for 50 years, what's one more whooper, or two? 

It's been said that the SeaWorld Public Relations  department is the "Gift that Keeps on Giving." And here is the latest example, from SeaWorld's fan page. The claims, packaged in an "Action Alert" were sent out into the world of social media, just this week: 

According to the Action Alert, "Activists are spending money to get big crowds out" to the global #EmptyTheTanks event scheduled for Saturday, May 24, 2014. To cut us some slack, SeaWorld is not officially calling for a counter "protest against the protest," but instead, just wants you to buy a ticket and spend a few hundred dollars at their parks, in a show of solidarity with its dwindling number of followers. The billion dollar corporation is also calling all hands on deck to "TWEET, POST, and SHARE the love that day!" 

Lastly, and most incredulously, SeaWorld is claiming that the message of captivity (which they call "love") is a "greater message than hate and fear." Basically, the cited polluter of Mission Bay, decimater of the Southern Resident killer whale population, low wage paying, mega corporation is calling the animal welfarist community a bunch of haters. 

Wow! 


To get to the bottom of this, Jeffrey Ventre (JV) from VOTO has teamed up with the event founder, Rachel Carbary, for a few quick questions. 


JV:  Rachel, as a Sea Shepherd Cove Guardian, you've witnessed the annual small cetacean slaughter at the infamous "Cove." This experience inspired you to create the #EmptyTheTanks event which will occur this Saturday, May 24, 2014, in cities all over the world. Can you connect the dots for us and relate how "The Cove" and the captivity industry are connected? 

RC: My time spent in Taiji absolutely changed my life. I remember on my trip to Taiji in January 2013, the first time I saw with my own eyes a skiff carrying dolphin killers and dolphin trainers go into the killing cove.  They were all smiling and working together. The trainers go into the killing area to inspect the captured dolphins in order to determine if any of the animals there are worth buying. 

When they do not find any that meet their specifications, they leave and that whole dolphin family is slaughtered. 



This past November, when I was in Taiji for a second time, I watched dolphin trainers ride on a skiff with dolphin killers and dead dolphins on board. The slaughter exists because the captivity industry exists. Every time someone buys a ticket to SeaWorld or MarineLand or any park with cetaceans, you are encouraging the dolphin killers of Taiji to continue their bloody business. It doesn’t matter if SeaWorld doesn’t have dolphins from Taiji. Other parks in the world do, so if you go to any park that is using cetaceans for entertainment, you are encouraging new parks to be built in other parts of the world, like Dubai and those dolphins will be victims of Taiji’s annual slaughter and capture season. It’s simple supply and demand. Take away the demand and you eliminate the need for the supply.


JV: This is your second annual event. Last year the event was in July, but this year it's in May. In the USA, this corresponds with Memorial Day weekend. What is the rationale to move the date up, and do you anticipate it being a Memorial Weekend tradition? 

Rachel & her Sea Shepherd Colleagues at the 2013 #EmptyTheTanks Event
RC: We simply moved the date up to 24 May because it was a weekend that we knew there would be a great deal of people going to the parks. Holiday weekends are big business for these places so we wanted to hit them on a day when we knew we could reach a lot of people. The goal of Empty the Tanks is public awareness so of course we wanted to reach as many members of the public as possible. The date for the 3rd Annual Empty the Tanks Worldwide has not been decided yet.

JV: You've participated directly at The Cove, and I presume you've seen Blackfish. Can you speculate how these two movies have "moved the bar" forward in regard to the animal justice movement? 

RC: I have seen both movies multiple times and think they are both such incredibly important films for everyone to watch. I think both The Cove and Blackfish did a great job of just opening people’s eye up to the truth. 


#Blackfish is on CNN the Thurs before & Saturday of  #EmptyTheTanks
Most people are so busy with everyday life and they do not stop to consider something as basic as the unethical decision to watch orcas doing circus tricks in a glorified swimming pool. They just see it as a family day out at the amusement park. Once they see these films their eyes are opened up to the truth. They see the dirty and bloodly truth behind the dolphin slaughters in Japan and they see what really goes on behind closed doors at the most well known marine park in the world. These movies have inspired so many people to speak out against the dolphin slaughters and the captivity industry. They have created a movement towards ridding our world of marine mammal captivity.


Rachel in Taiji, Japan, overlooking the captured dolphin holding pools
JV: SeaWorld is putting out PR saying that "Activists are spending money to get big crowds out at this event... we ask that you Tweet, Post, and Share the love that day. We can show that love is a greater message than hate and fear! 

#StandWithSeaWorld." That is pretty outrageous messaging. Can you comment on the various components of the corporate PR? 



RC: I honestly laughed when I read that statement from SeaWorld. 

It seems as though they are getting desperate to discredit the Empty the Tanks campaign. They are lying and trying to make it appear that Empty the Tanks supporters are being paid and bribed into showing up on May 24th. Nothing more could be further from the truth. The only money that has been spent on Empty the Tanks is my personal money for the website hosting. People are coming because they support this campaign and the freedom of whales and dolphins. Its compassion, not money that fuels Empty the Tanks Worldwide. I do not blame or hate the people who still want to “#standwithseaworld”. I just think they have yet to remove their blinders and accept the truth about what kind of place SeaWorld really is. SeaWorld's bottom line is about profits, not conservation and animal welfare. This latest attempt to say that Empty the Tanks is spending money to acquire supporters just goes to show that money is the number one thing on their minds. They don’t understand that money is not what drives activists like myself and the amazing event hosts from around the world, we are driven by compassion and a sense of what is right and moral.


JV: Your event seems to be growing daily. I know that Carol Ray (of VOTO) will be in Chicago for an event. I've been invited to the Seattle and Vancouver events, and will likely attend one of those. How many cities are now involved? 


RC: Well I hope we see you in Seattle, which is the event I will be attending. 

Right now, we have 52 locations in 21 countries standing up against the captivity industry on May 24th. We are united worldwide and we will get our message out that the time has come to empty the tanks!

Telling the Truth is a Revolutionary Act

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Telling the Truth is a Revolutionary Act
By Jeffrey Ventre & Carol Ray 


The public condemnation of SeaWorld in the wake of the documentary Blackfish has put the theme park's crisis-management team into overdrive. 

State Legislators in New York and California have proposed bills to ban or end captivity in those states. Just yesterday, 38 US Congressmen sent a letter to Agriculture Secretary Tom Vilsack, citing outdated regulations protecting cetaceans and assert that the current rules don’t reflect “updated science." We couldn't agree more. 



Read about it HERE at The Dodo or Read about it HERE at CNN


Despite overwhelming evidence that killer whales are not suited for captivity, the giant captivity corporation continues to spread misinformation to hold onto a tired business model that the U.S. public has outgrown. Scientific polling data collected by Edge Research and commissioned by the Animal Welfare Institute (AWI)& Whale & Dolphin Conservation (WDC), released on 26 May 2014, can be viewed HERE. Only 21% of the American public support keeping killer whales in captivity; 50% oppose captivity; and 29% are undecided. With those numbers its clear to see why politicians are finally jumping on board the anti-captivity train.  



Read about SeaWorld's Misuse of Dr Ingrid Visser's research HERE 


As former SeaWorld trainers, we can offer a firsthand perspective on this controversy. We participated in Blackfish with the hope that the public would learn about the very real suffering of killer whales at SeaWorld. This is reflected in measurable ways, including shorter lifespans, broken teeth, collapsed dorsal fins, and social strife



SeaWorld's asking supporters to battle the Blackfish Effect 
We watched as young orcas were forcibly separated from their mothers to be shipped off to other facilities. We listened to the mothers' wails of despair. Katina, a nurturing and conscientious mother, has tragically had five of her seven offspring taken away from her. 

Katina currently lives with Nalani, her daughter who was fathered by her own son Taku, and young Makaio. Tragically, soon after impregnating his mother, Taku was separated and shipped to SeaWorld of Texas where he was killed at age 14 by a West Nile Virus infection transmitted by a mosquito bite.

SeaWorld spins these traumatic separations by defining youngsters who are no longer nursing as "independent." That's like saying a 5-year-old toddler is ready to be taken from his or her family. In the wild, orcas rarely leave their family pod and the bond between mother and child lasts a lifetime.


TO LEARN THE TRUTH ABOUT KATINA & HER CALVES, CLICK ON THIS ARTWORK BY LEE HARRISON
Incredible Art by Lee Harrison, New Zealand          http://okura.deviantart.com/        @kiwiokuraorca 













There's an abundance of evidence that captivity kills orcas, usually at a young age, and that stress, social tension and poor health are chronic issues among orcas held in marine-park facilities. Genetically adapted to spend their entire lives within the complexity and security of family groupings, orcas captured from the wild have been denied the comfort and mentoring that these communities provide.



Read an article about this data HERE.    See the Edge Research memo HERE


Killer whales at SeaWorld are confined to small acoustically inadequate concrete pools, where they must live in extremely close proximity to other whales, with whom they often share no ancestral or cultural connection. The squabbles and tension that result are exacerbated by the fact that they have no way to escape. Subdominant animals like Tilikum have no where to run, and he has no mother to provide him with any social status in the artificial pod. So he gets beat up, picked on, and isolated for his own protection. Those higher on the social ladder are like schoolyard bullies, ramming and raking (dragging their teeth over) more submissive individuals. 



Washington Post sports columnist Mike Wise: 



Serious injuries, including bites in which chunks of flesh are torn off, are not uncommon. SeaWorld's tanks are only a a tiny fraction of the area through which an orca would move during a single day of swimming in the wild.

SeaWorld's orca "inventory" in no way benefits orcas in the wild. In fact, the park's whale catchers devastated an orca population off the coast of Washington state by removing so many individuals to be used in theme parks. (Watch: "45 Southern Residents were taken.") Many orcas have died prematurely in SeaWorld facilities from violent accidents, preventable injuries, illnesses caused by stressful living conditions and many other causes, and the park has never released a captive orca back into the ocean.


3 Young Ladies deliver a petition of 1.2 Million Signatures in
Support of Richard Bloom's California Blackfish Bill AB 2140
SeaWorld reports 1.5 billion dollars in ANNUAL revenue, yet over the past DECADE has contributed $9 million to conservation, rescue and rehabilitation. Thus, only 0.0006 of its profits are funneled back into conservation. And conveniently, some of it's "beachies" wind up in display areas, helping generate more profits. SeaWorld has spent close to nothing on providing the whales and dolphins in its facilities with comfort, a real life or a plan to transfer them to a coastal sanctuary, where they would be able to feel the tides, communicate with far-flung friends and family members and experience the immensity of the ocean, where they belong. Instead, SeaWorld of California was cited for polluting Mission Bay in 2012. How’s that for conservation? 




SeaWorld's well-financed public-relations machine is designed to deflect and deny, and it is an expert at spinning twine into gold. But the riveting documentary Blackfish has drawn back the curtain on what George Orwell is said to have called "universal deceit." That curtain can never be closed again.

 

_____________________________________________________________________________________





To Watch a GIS Tour of The Blackfish Effect produced by Michelle Duncan   @Chicasyoga Click HERE







3 May 2014 in Rochester, New York
Carol Ray MA CCC-SLP earned a B.A. degree in Psychology from Rollins College in Winter Park, FL, after which she worked for several years training cetaceans at Seaworld of Florida. Carol serves on the expert board for the Free Morgan Foundation, and is a co-sponsor of proposed CA state "Blackfish Bill" AB 2140 which seeks to end captive orca performances and captive breeding. An outspoken freedom advocate, she has been a featured presenter at many orca related events in the Pacific Northwest. As a lover of marine life and an extensive traveler, she cherishes the opportunities she has had to experience whales and dolphins in their natural environment, around the world. Carol earned a Masters Degree (MA)  in Communicative Disorders from the University of Central Florida& is currently the owner/director of three busy pediatric speech therapy clinics in the Seattle area. She can be reached on Twitter at @CarolRay_WA

Jeffrey Ventre MD DC is a board certified medical doctor who specializes in Physical Medicine and Rehabilitation. He is also a board certified doctor of chiropractic. He practices in Central Washington State, treating patients with disabilities ranging from spinal cord injuries to back pain. He worked as a marine mammal trainer at SeaWorld from 1987–1995, spending seven of eight years with cetaceans. In June of 1996 he participated in “Orca Survey” with Ken Balcomb and Dr. Astrid van Ginneken, an ongoing photo-identification study of the Southern Resident community of killer whales in the Pacific Northwest. Seeing free-ranging killer whales radically altered his perspective. In 2011 he co-authored a paper with John Jett, PhD that describes the health issues and decreased lifespans of captive orcas. He's since teamed up with Dr Jett on two additional peer-reviewed scientific papers as well as an upcoming book chapter regarding animals in entertainment. He was subpoenaed in 2011 as a witness for the federal government in the case of OSHA vs SeaWorld. He can be reached on Twitter @jeffrey_ventre


SeaWorld Floods Debate Audience with Paid Employees to Cheer & Jeer

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Back on October 12, 2012 the marine mammal industry paid homeless folks, and others, $22 per hour to sit in line and occupy chairs at a NOAA hearing in Silver Spring, Maryland. This was done to flood available spaces at the hearing with "hired hands," to "represent" the cruel practices of the captivity industry, by doing nothing. 

You can read  about it and see images of the actual "line sitters" in the article linked here:

Read all about the above in this great article by Elizabeth Batt HERE


Specifically, these folks were used to block out the work of NGO's & animal welfarists who wished to testify, or hear testimony, against the idea of importing 18 wild caught belugas that were captured on behalf of SeaWorld, the Georgia Aquarium, & the Shedd Aquarium. The industry paid tens of thousands of dollars to block a democratic process that should have been open to all that were interested, by using mostly poor people as pawns. NOAA denied the permit, but the industry has since appealed the decision. 


That was then. This is now...  

Despite accumulating scientific evidence that orcas suffer in captivity, SeaWorld continues to spread misinformation & use propaganda & stunts, similar to the disgraceful one used at the NOAA hearings, in 2012. Maybe the company is desperate, especially since recent polling data, HERE, shows that only 21% of the American public support keeping killer whales in captivity; 50% oppose; and 29% are undecided. 



Same Corporate Tactics in 2014


On June 5, 2014, Voice of San Diego (VOSD) hosted an-open-to-the-public SeaWorld Round Table event composed of SeaWorld killer whale trainer Kristi Burtis and Veterinarian Todd Robeck, head of the company’s breeding program, plus Naomi Rose PhD of the Animal Welfare Institute and professor Susan Gray Davis, who’s researched the park’s business model. The event was also live streamed and described by VOSD in economic terms: 


"SeaWorld has a significant economic footprint in San Diego. During its 50-year history, it's generated millions for city coffers and employed thousands of San Diegans. But a controversial documentary has raised big questions about SeaWorld's treatment of its trademark killer whales." 



Watch as SeaWorld's veterinarian, Dr. Todd Robeck, concludes the 90 minute debate with a tearful plea on behalf of the captivity corporation.  





With its brand hemorrhaging followers, corporate partners, stock holders, and social capital, the easy way out would be to admit mistakes, apologize for the failed experiment, and move forward with a progressive business model; move away from marine mammal captivity. 


NOT for SeaWorld. 


The company, still largely composed of corporate cowboys, is hanging onto captivity like the Koch Brothers hanging onto climate change denial.  It's become laughable



Read how SeaWorld has become a "Laughing Stock" HERE 


Thus, instead of letting the debate venue fill organically, and represent a true cross-section of the interested public, SeaWorld decided to (once again) flood the hearing with more "paid place-holders," this time using its own employees, shipped in courtesy of company vans. SeaWorld knows that far more people are now opposed to it's business model than support it. And it couldn't risk being outnumbered & embarrassed in this public forum.  


This SeaWorld van was one used to transport employees into the debate


You have to give credit to SeaWorld for one thing... 

this time they got a better deal, as the average wage at SeaWorld is far less than the $22 per hour that they & the Georgia Aquarium paid the line sitters at the NOAA hearing. 


Our only question is whether the employee place-holders were getting overtime pay

__________________________




A Few Tweets that tell a story... 















Schedule of Events for Superpod Three

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Superpod Three begins on World Orca Day, Monday July 14, 2014, and lasts for one week. Below is a schedule of events which will be updated as new information comes in. 

Not including the many local participants, naturalists, boat & business operators, Center for Whale Research staff, & more, approximately 35 - 50 additional human Superpod members will migrate to San Juan Island, WA, USA, to learn, present, share, Tweet, blog, plan, get inspired, cross-pollinate, & take stunning photos & videos to share with the world. 






These are the real Blackfish. And none of them have stage names like Shamu, Namu, or Baby Shamu

Two "Blackfish" jump for joy at their summer home in the San Juan Islands, WA, USA 

The event will be the most attended one, yet. There is good news regarding the whales, too. June Chinook (salmon) numbers are good, thus far. The "J's and L's" are already swimming in the waters around the island & when the "K's" arrive...  a true, complete Southern Resident Superpod will commence, with local customs & traditions, including an annual whale greeting ceremony, and more. If you've not seen a Superpod, check out "Voice of the Orcas" video here: 





Previous Superpod events have included film crews from Blackfish, the Non-Human Rights Project, The Humane Society, & journalists like Tim Zimmermann, & David Kirby, who have written extensively about the plight of killer whales in captivity. Many keys journalists, former trainers, documentarians, and more have gotten their first exposure to wild killer whales from San Juan Island, and also at the Superpod One & Two events, 2011 & 2012, respectively. 


Here's a screen shot of the island showing distribution of current rental properties & hotels. Click to expand the view. 


Notice Kanaka Bay & Tilikum in the ocean. The dots represent Superpod Three Dwellings 



Daily Excursions & Events 

Each day on Island, pod members will be out on the water, possibly on a whale watch boat, kayak or sail boat. Or maybe on land, at Lime Kiln State Park, watching as the Southern Residents swim by. Or lastly, spending time in beautiful Friday Harbor enjoying a craft beer with some grilled oysters at Friday's Crab House.  Usually, after whale watching the pod congregates at public and private spaces for presentations, food & spirits. Below, you'll find a current list of events that will be updated as more presenters check in and add details. 



Monday: Meet and Greet / Orientation in Friday Harbor at 2 pm.  Get off the WA State Ferry and meet some of the event organizers. 

Friday's Crab House from 2:00 - 4:00 PM (Upper deck)
Get Jerry's Famous Grilled Oysters with Capers Sauce




Friday's Crab House on the water in Friday Harbor, San Juan Island, WA, USA 


Presentations will begin after 7 pm at the "VOTO-2" House on the West Side of the Island 


Learn about Taiji from a Cove Guardian, Rachel Carbary. Followed by "Dolphin Drive History 101" by Jordan Waltz (see below).  


Rachel has organized the global #EmptyTheTanks events, and will give a presentation on her experiences at the annual small cetacean slaughter & sale at Taiji, Japan.

Witnessing this was her inspiration for "Empty the Tanks." Rachel told VOTO,



This past November, when I was in Taiji for a second time, I watched dolphin trainers ride on a skiff with dolphin killers and dead dolphins on board. The slaughter exists because the captivity industry exists. Every time someone buys a ticket to SeaWorld or MarineLand or any park with cetaceans, you are encouraging the dolphin killers of Taiji to continue their bloody business. It doesn’t matter if SeaWorld doesn’t have dolphins from Taiji. Other parks in the world do, so if you go to any park that is using cetaceans for entertainment, you are encouraging new parks to be built in other parts of the world, like Dubai and those dolphins will be victims of Taiji’s annual slaughter and capture season. It’s simple supply and demand. Take away the demand and you eliminate the need for the supply.



Presentation Two: Dolphin drive history 101:  A presentation on when and how the drives the started and how they became entwined with the captivity industry, as well as how activists have tried to halt it over the years. Presentation duration will be 20-25 minutes. Jordan will present a printed out illustrated timeline where people can view it & provide feed back.


Jordan Waltz is A Midwest artist and independent researcher who has served as archivalist/researcher for Blackfish documentary.



 Tuesday:   Free public Blackfish Screening hosted by the The Whale Museum. Note: The location of screening is just two buildings down at The Grange, in Friday Harbor  



Come see the Whale Museum at Friday Harbor and meet the staff & up to 8 members of the Blackfish Cast 


5:30 Meet & Greet reception at The Whale Museum (light refreshments provided)
6:00 Move to the Grange (just two buildings up the street) for the film
6:10 Welcome audience & start film
6:15 Screening of “Blackfish”
7:40 Q & A conversation with the cast, immediately following film
8:45 approximate end time



Wednesday:
 Voice of the Orcas hosted Media Day, with journalists in attendance. There will be interviews & film from the house & deck overlooking the Haro Strait. (See "Whale Party Central" on island map). We are hoping for some whale "fly bys" as the day unfolds.




That morning VOTO, along with Dr Naomi Rose, is tentatively scheduled to be on L.A. Talk Radio with Capt Paul Watson & the Barbi Twins at 11:00 a.m Pacific time. 


Wednesday evening, Howard Garrett of Orca Network (ON), will give a presentation on Lolita. 


Later, John Jett PhD will give a PowerPoint presentation called, "Survival Estimate for Captive Killer Whales" 


Lastly, Colleen Weiler,  Whale & Dolphin Conservation first ‘Rekos Orca Fellow, will do a presentation on the recent "Russian orca collections.


This deck, overlooking the Haro Strait, will be a big part of media day (and possibly some drone launches)


Thursday:  


Superpod3 Group Whale Watch Trip on the Western Prince II with naturalist Traci Walter (@TeelDubya) and others. The excursion departs at 10:00 am from Friday Harbor and we will meet by the Western Prince offices next to the ferry landing between 9:30 - 9:45 a.m. 


Presentation that evening by Dr. Naomi Rose on the topic of current legistlative & regulatory issues regarding killer whale / cetacean captivity. 








THURS: PRESENTATION ONE:"Pinkfish for Blackfish: The role of salmon recovery in sustaining the Southern Residents"

Dr Chris Caudill is an Assistant Professor in the Department of Fish and Wildlife Resources at the University of Idaho. His broad interests are in the ecology and evolution of animal movement and the conservation of aquatic resources. He holds a MS from the University of New Hampshire (1995) and Ph.D. from Cornell University (2002). He conducted postdoctoral research at Georgia Tech before joining the Fish Ecology Research Lab at the University of Idaho in 2003 for a second post-doc. He has directed the FERL program since 2008, largely focusing on the migration ecology of adult salmon, Pacific lamprey, and American shad in the Columbia, Snake, and Willamette rivers.

PRESENTATION TWO: Humpbacks of the Silver Bank by Jeff Friedman




Friday: 

War of the Whales Day. Meet Ken Balcomb, legendary killer whale scientist, Principle Investigator of the Center for Whale Research (CFWR), and primary character in the just-released non-fiction book, War of the Whales. Ken & his research staff will be hosting a social event at the CFWR.



Friday's event will occur at the Center for Whale Research, on the West side of San Juan Island. See map above. 



Saturday:


Book Signing 2-4 pm at The Whale Museum

Sandra Pollard's, Puget Sound Whales for Sale







Sunday / Departure

If you've never seen a wild killer whale, join us this year, or plan to come to Superpod 4. For what it's worth, the co$t of our Western Prince II boat trip is about $30 USD less than a single day ticket at SeaWorld of Florida

Why is SeaWorld Announcing Unna's Bladder Infection to the World?

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Thank you to @Mendette for pointing us to the Merck Veterinary Manual. The entry in it regarding mycotic infections in marine mammals provides insights for all of us that explain why SeaWorld's captive orca Unna is sick; potentially seriously & hopefully not terminally.  


Image from Center for Whale Research shows genital slit in a wild female. Unna is now on powerful medications


"This common mycotic disease in captive cetaceans occurs secondary to stress, unbalanced water disinfection with chlorines, or indiscriminate antibiotic therapy. Candidiasis is also reported in pinnipeds. "
Merck Manual Excerpt
________________________

The reason Unna's  immune system is compromised is from captivity itself. And The Manual explicitly connects captivity with fungal infections due to stress



[The Merck Manual is a medical textbook of diagnosis and therapy]

The serious nature of her illness is likely the reason SeaWorld has proactively announced it (read their press release below) just in case the company faces a public relations nightmare prior to the upcoming California Coastal Commission Hearing in Long Beach, on October 8th. 


_______________________________________________________________________

Is this proactive damage control? We hope not.  



At SeaWorld, Unna's stress is caused by many factors including social strife from miniaturized & crowded movement boundaries, social & genetic incompatibility, abnormal diet, deconditioning, & chronic dehydration (the reason for gelatin supplementation). She suffers teeth damage, from sunburn & and also chronic noise pollution. 








Mendette told us: 
I'm so worried about Unna.

And also took action: 
I searched all day and all I could find on Mycotic Diseases is here (The Merck Manual on Veterinary Medicine).





Below is SeaWorld's Press Release, first; followed by a description of mycotic infections in cetaceans from The Merck Manual.  We hope you'll read both. The pathogen isolated in Unna's bladder is Candida. Bold accents have been added to certain key words. 


_______________________________________


Killer whale veterinarians and trainers at SeaWorld San Antonio are giving around-the-clock attention and medical care to Unna, a female killer whale with suspected cystitis caused by a fungal infection.

Preliminary tests show that the fungus is Candida, an organism that is pervasive in the environment and found in many different animals including whales and dolphins. Experts are still determining the species of Candida and its susceptibility to specific medications, as this particular fungus does not appear to be acting like normal Candida. It appears to be resistant to commonly used medications, and we are working aggressively to overcome this challenge.


---  END SeaWorld Press Annoucement 




--------------------------- Below is the Entry from the Merck Manual of Veterinary Medicine on Fungal Infections in Captives ------------------







Mycotic Diseases of Marine Mammals

Captive marine mammals seem particularly prone to fungal infections (see Fungal Infections). Most appear to be secondary to stress, environmental compromise, or other infectious disease. Some systemic mycoses have distinct geographic distributions. Diagnosis is based on clinical signs and confirmed by identification of the organism in biopsy or, preferably, culture. Wet mounts in lactophenol or cotton blue may render an immediate diagnosis with some of the morphologically distinct fungi. Tissue smears cleared in warm 10% potassium hydroxide can be examined to identify characteristic fruiting bodies or hyphae.



This common mycotic disease in captive cetaceans occurs secondary to stress, unbalanced water disinfection with chlorines, or indiscriminate antibiotic therapy. Candidiasis is also reported in pinnipeds. 

In cetaceans, the lesions usually are found around body orifices. At necropsy, esophageal ulcers are often found, particularly in the area of the gastroesophageal junction... 


Diagnosis is based on identification of the yeast in cultures or biopsy. 



[NOTE: These are Unna's medical options]

Candidiasis generally responds well toketoconazole (6 mg/kg, PO, sid) along with correction of any environmental deficits. Supplementation with prednisolone (0.01 mg/kg) may be appropriate to compensate for ketoconazole inhibition of glucocorticoid production. Fluconazole (2 mg/kg, bid) has also been used successfully. 

One anecdotal report suggests a possible toxic reaction to ketoconazole in a northern elephant seal (Mirounga angustirostris). Early detection and treatment is usually successful. Another opportunistic yeast, Cryptococcus neoformans, has been diagnosed in fatal advanced pulmonary disease in a bottlenose dolphin. Prolonged treatment with itraconazole (120 days) at routine mammalian doses was ineffective despite serum drug levels above the suggested therapeutic range.


_____________________________________________________


For those studying cetacean confinement & exploitation, this condition with Unna is a hallmark manifestation of the physiological stresses associated with captivity at SeaWorld Parks & Entertainment.  

Latest Lawsuit Names SeaWorld & Four Other Defendants

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TO THE HONORABLE JUDGE OF SAID COURT COMES NOW, JANE DOE, Plaintiff, complaining of 

1. SEAWORLD 
2. ORLANDO SENTINEL 
3. AWESOMEOCEAN 
4. JIMMY VERA  & 
5. BRIDGET DAVIS 

Defendants, and for cause of action would show unto the Court as follows:


On information and belief... Plaintiff and JH were engaged in conversation that included Plaintiff confiding in JH...  multiple times during the conversation Hargrove addressed Plaintiff by name. At no time, either prior to, or during the conversation, did Plaintiff or Hargrove consent to the videotaping or recording of their telephone conversation. Nevertheless, Defendants Jimmy Vera and/or Bridget Davis (who were present with Hargrove at the time of the conversation) video recorded the conversation between Plaintiff and Hargrove.


On further information and belief, in March 2015 (and subsequent to Hargrove having been featured in the 2013 film entitled "Blackfish" -- a documentary aimed at creating public awareness regarding Defendant SeaWorld's alleged propensity to put profits over the safety of the animals kept in captivity), Defendant SeaWorld, by and through Defendant AwesomeOcean, paid a large sum of money to Defendant Davis and/or Defendant Vera for the video recorded telephone conversation between Plaintiff and Hargrove. On information and belief, both Defendant Davis and Defendant Vera are, and at all times relevant to this lawsuit have been, employees of Defendant Sea World.

Shortly after procuring the video recorded telephone conversation from Defendant Davis and/or Defendant Vera, on information and belief, Defendant SeaWorld forwarded said video to Defendant Orlando Sentinel and requested that Defendant Orlando Sentinel publicly disseminate the video.

Thereafter, Defendant Orlando Sentinel publicly disseminated the video recorded telephone conversation at issue through publication in its newspaper, via its website, and (on information and belief) through various other media outlets, including Defendant AwesomeOcean's website.





The above delineated acts and/or omissions of the 5 Defendants constitute violations of several laws in both the State of Texas, and the State of Florida, as follows:



CAUSES OF ACTION

The elements of a cause of action under the Texas Civil Wiretap Act are the following:

a) The Plaintiff was a party to the communication.
b) The Defendants engaged in one or more of the following acts:


Intercepted the contents of the communication with an electronic, mechanical, or other device without the consent of one of the parties to the communication ("nonconsensual interception"), attempted to make a nonconsensual interception of the contents of the communication, employed or obtained another to make a nonconsensual interception of the contents of the communication, used information it knew or reasonably should have known was obtained by a nonconsensual interception of the communication, or  divulged information it knew or reasonably should have known was obtained by a nonconsensual interception of the communication.

Accordingly, as delineated herein above, because all five Defendants violated one or more of the foregoing provisions of the Texas Civil Wiretap Act, all five Defendants are liable to Plaintiff for damages as prayed for herein below.



Exemplary damages

Plaintiff's injuries resulted from Defendants' gross negligence, malice, or actual fraud, which entitles Plaintiff to exemplary damages under Texas Civil Practice & Remedies Code §41.003

Attorney fees

Plaintiff is entitled to recover reasonable and necessary attorney fees under Texas Civil Practice & Remedies Code §123.004(5).




Statutory damages

Plaintiff is entitled to recover statutory damages in the amount of $10,000.00 from each Defendant, for each occurrence, pursuant to Texas Civil Practice & Remedies Code §123.004(3).


Count 2 - Intrusion on Seclusion.  

As delineated herein above, Defendants intentionally intruded on Plaintiff's solitude/seclusion/private affairs.The intrusion was a kind that would be highly offensive to a reasonable person. Defendants' wrongful acts caused injury to Plaintiff, which resulted in damages as prayed for herein below.

Exemplary damages. Plaintiff's injuries resulted from Defendants' malice, which entitles Plaintiff to exemplary damages under Texas Civil Practice & Remedies Code §41.003(a).



Count 3 - Public Disclosure of Private Facts. 

In the alternative/addition to other counts, Defendants are liable to Plaintiff for invasion of privacy by public disclosure of private facts, to wit:


Defendants publicized information about the Plaintiff's private life.The publicity of Plaintiff's private information would be highly offensive to a reasonable person. The information publicized was not of legitimate public concern. Defendants' wrongful acts caused injury to Plaintiff, which resulted in damages as prayed for herein below.


Exemplary damages. 

Plaintiff's injuries resulted from Defendants' malice, which entitles Plaintiff to exemplary damages under Texas Civil Practice & Remedies Code §41.003(a).


Count 4 - Intentional Infliction of Emotional Distress In the alternative to all other counts, Defendants are liable to Plaintiff for intentional infliction of emotional distress, to wit:

a) The Plaintiff is a person.
b) Defendants acted intentionally or recklessly.
c) The emotional distress suffered by the Plaintiff was severe.
d) Defendants' conduct was extreme and outrageous.
e) Defendants' conduct proximately caused the Plaintiff's emotional distress.
f) No alternative cause of action would provide a remedy for the severe emotional distress caused by Defendants' conduct.

Accordingly, Plaintiff is entitled to monetary damages as prayed for herein below.




JURY DEMAND

Plaintiff demands a jury trial and tenders the appropriate fee with this petition.




REQUEST FOR DISCLOSURE

Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendants disclose, within 50 days of the service of this request, the information or material described in Rule 194.2.




PRAYER

For these reasons, Plaintiff asks that the Court issue citation for Defendants to appear and answer, and that Plaintiff be awarded a judgment against Defendants for the following:

a) Actual damages.
b) Statutory damages.
c) Exemplary damages.
d) Prejudgment and postjudgment interest.
e) Court costs.
f) All other relief to which Plaintiff may be justly entitled.



Respectfully submitted,
THE MAZZOLA LAW FIRM, PLLC

Unanimous Coastal Commission Ruling Breathes Life into #Blackfish Bill AB2140

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Anyone who carefully observes or works for SeaWorld (SW) probably realizes that things with the company are sometimes not what they appear to be. 

SW spends tens of millions, annually, to craft perceptions, win politicians, lobby, & also to tarnish critics. As an aside, imagine how far that money could go toward salmon restorationBut at SW, sending bus-loads of hourly employees to a political event in an attempt to influence optics for the CA Coastal Commission is a good return on investment, usually

Update: SeaWorld sues [read on]



On 8 October 2015 SeaWorld bused hundreds of hourly employees & family to the Long Beach Convention Center to create an illusion; to conflate the fact that only 21% of Americans support orca captivity with the fantasy that captivity has strong & widespread public support. It doesn't, and more & more people are figuring out what it truly means to be "pro-cap."

Dr Ingrid Visser with Actress-Model Pamela Anderson. Both spoke at the hearings. Photo by Kim Ventre 


Long Beach was the site of the California Coastal Commission's (CCC) hearing on SeaWorld's proposed Blue World project (BWP). An expansion that is (or was) intended to boost SeaWorld's captive orca population through natural & artificial insemination methods. The hearing was an historic one in terms of attendance & public engagement. 




SeaWorld's self-titled "mob buses" brought in plenty of support, but employees may have been on the clock because those workers evaporated like California's water supply.  


#EmptyThe.... Chairs! -- Did SeaWorld want to avoid overtime to workers on the clock? 

Maybe SW was being frugal and didn't want to pay its people overtime [we were told they were on the clock] because when the buses departed back to SW headquarters the "mob" was gone.  And despite Commissioner Cox's efforts to cement SeaWorld's legacy at San Diego, the few SeaWorld employees remaining didn't like what they heard. 


2 bad days @ work. You'd think a risky job, like pro football player, would come with union protection. Not @SeaWorld

In a unanimous vote the CCC granted SeaWorld the right to build Blue World, but with a major condition: No more orca breeding 


As reported by The Times of San Diego: 

By a 12-0 vote, the California Coastal Commission blessed the Blue World Project. The decision came at an overflow meeting in the Long Beach Convention Center that saw dozens of passionate speeches, including one by animal-rights activist Pamela Anderson. 
But Commissioner Dayna Bochco of San Francisco... proposed an amendment to prohibit any breeding of orcas, their artificial insemination or their trade or transfer among other parks. Another condition is a cap of 15 whales at the San Diego attraction, which now houses 11. 
Bochco’s amendment to Condition 1 passed 11-1, with only Greg Cox— a San Diego County supervisor — dissenting.



The "no breeding" condition didn't sit well with SeaWorld's leadership. The statement, below, by CEO Joel Manby is ironic considering SeaWorld has traditionally argued that it's animals have no rights. Are Manby's days numbered? 

Treating the whales as property allows for SW to imprison them without considering how the whales feel about that. It also allows the corporation to ship them overseas to places like Loro Parque. There's more... 


Ironic that the "warden" is claiming that captive orcas  have rights 

Blue World is Also a Political Maneuver to Sink AB-2140

On the surface, San Diego makes the least sense for BWP. SeaWorld doesn't own the land; the city does. Construction costs are higher in California v Texas or Orlando. Wouldn't a company with huge debt, like SeaWorld, seek the best deal on such an expensive project? 


The corporate HQ's & highest attended park is Orlando, not San Diego. SW in FL and SW in TX don't need to ask commissioners for approval. The politics, on the surface, favor Orlando & San Antonio as cheaper & easier sites for a 50 ft deep concrete orca tank. So why spend millions to lobby approval for and to construct BWP at Mission Bay, the most expensive site?

Because BWP is about political clout, crushing upcoming legislation, and thus cementing SeaWorld's grasp on captivity inside the USA. California is the world's 8th largest economy, behind #7, Brazil.

Had BWP moved forward, un-amended, San Diego was expected to become the "West Coast puppy mill for killer whales." This would be complimented nicely by SeaWorld's proposed "Worlds largest fish farm" just a few miles from the San Diego park. Granted, the farm is touted to "grow" yellow-fin tuna, but SeaWorld famously does not recognize dietary or cultural differences between ecotypes, and killer whales are known to eat tuna. Look here. Or here



Site of SeaWorld's proposed fish farm, the world's largest;  Just a few miles off the San Diego Coast. 

Additionally, SeaWorld has [already] announced expansion plans to shareholders & wants to increase its killer whale assets for shipments abroad, including to China and Dubai. Thanks to Commissioner Bocho, the "puppy mill" idea has been thwarted, for now. But that's not the end of the story.  



Connecting Blue World (BWP) with AB-2140 


SeaWorld understood that if the Commission green-lighted BWP, politicians would be inclined to vote down Richard Bloom's upcoming Blackfish Bill AB-2140, aka The Orca Welfare & Safety Act. That bill is sponsored by three former SeaWorld killer whale trainers, Carol Ray, John Hargrove and Samantha Berg, and was tabled last year using political maneuvering. SeaWorld was fond of portraying AB-2140 as "dead." Listen to Carol discuss Bloom's proposed legislation, here.

Because BWP is a multi-year, one-hun
dred million dollar project, it would impact dozens or hundreds of potential jobs & businesses around California, and the politicians that represent them. BWP would require construction crews, crane operators, engineers, water quality experts, environmental scientists, architects, employment contracts, and more. It is strongly supported by the San Diego business community & politicians on both sides of the aisle. 

This is because politicians put jobs & economic growth ahead of orca welfare. And SeaWorld knows this. But... 


--------------------------------------------------------


Not So Fast 

Now, with a unanimous vote by a state agency which is on the record and opposed to captive orca breeding, Richard Bloom's AB-2140 has new life and legs.  Like the recent lunar eclipse, AB-2140 has moved into alignment with the BWP, both would make it illegal for SeaWorld to breed captive killer whales in California. 

And this was immediately apparent to Assemblymember Richard Bloom who went onto social media to express that he's moving forward, now. 




Regarding the BWP in California, its future is uncertain. Some predict that SeaWorld will file a lawsuit vs the CCC. Others predict it will abandon the idea. 


Behind closed doors, here is the conversation, from SeaWorld's perspective:

1) The CCC did not have legal authority to make the decision that it did! We need to sue them -- confirmed. SW will sue. 

2) Do we want 2-3 more years of mostly negative press associated with litigation?

3) Is our tank expansion worth taking to a friendlier site, such as Orlando?

4) Is now the time to accelerate our plans for expansion into China or Dubai where laws make it easier for us to do our business?

SeaWorld's attorney, David Watson, angrily told the panel“the state of California does not have jurisdiction to regulate the management & care of marine mammal collections”





Thanks to Haze Sommer -- Watch Recorded Streams of The Hearings  HERE: 

The Last World by Commissioner Bocho
________________________________________________________________________

When you've lost Willie, you've lost America 

In regard to SeaWorld's next move, only time will tell. But one thing's for sure: The captivity industry is struggling in part due to the work of good souls, facts & the Blackfish Effect.


-------------------  From Dodo, Below   ----------------------

Powerful Letters Connect SeaWorld with Taiji Cove & have a Blackfish Movie Twist

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The connection between SeaWorld and the brutal drive hunts at Taiji, Japan, has been known for decades. SeaWorld's former Vice-President & head veterinarian, Dr Lanny Cornell, famously told PBS Frontline that, "The drive fishery process is not necessarily an inhumane process."


Two Pseudorca (false killer whales) Teri (L) & Hana (R). It it now known Teri was captured in Taiji, Japan, on 21 Feb 1983

Cornell worked for SeaWorld from 1973 to 1987 and was later hired to be Keiko's veterinarian, an apparently opportunistic move considering his former employer, SeaWorld, continues to smear the Keiko reintroduction; an effort which transported an orca from Mexico to Oregon and finally to the sea, where he lived from 1998 until his death in 2003. 



Keiko gained thousands of pounds after moving to the ocean from Mexico

After Keiko swam to Norway, Dr. Cornell reported, "His physical condition was robust & showed no sign of weight loss."

In a new twist involving Cornell, a paper trail from Kamogawa Sea World to Dr. Cornell at SeaWorld, demonstrates the process of how small cetaceans are moved through Kamogawa to other facilities like SeaWorld:


No. 1 male is Teri, and No. 2 female is Suki who were moved  from Taiji ultimately to San Diego

This letter reinforces that the animals were for SeaWorld, with "Yours Faithfully" as the closing

This diagram was included by SeaWorld in the agreement paperwork 
It also shows, surprisingly, that ex-SeaWorld trainers, including four who appeared in the movie Blackfish, worked directly with drive-hunt-captured whales from Taiji, unknowingly.

This diagram was also shared with Kamogawa Sea World  to show how the false killers would be moved to USA

Like many secrets at the company, the trainers were kept in the dark regarding the brutal collections. Some were told the whales they worked alongside were "rescued." Just today, former trainer Samantha Berg commented:

"Makes me even sicker that I didn't know anything about Taiji or the drive fishery back then... "



As it turns out, Carol Ray, Samantha Berg, Dean Gomersall, and Jeffrey Ventre all worked directly with drive-hunt-whales at the Whale & Dolphin stadium in Orlando in the 1990's. These whales were Teri, Suki, Hana, Yaki & Zori, and all died young. Like belugas & killer whales, pseudorca do poorly in captivity at places like SeaWorld and the Georgia Aquarium. 


Ex trainer Jeffrey Ventre performs with Yaki, a whale captured in a drive hunt 
While the paper trail is new, we can only confirm that Teri & Suki were taken directly by the infamous killer-fishermen at Taiji's cove. We do know that Yaki, Hana & Zori were also drive-fishery-captured, but don't know precisely where they were corralled up & out of the ocean, in Japan. The odds are that it was Taiji, but we don't possess the documentation.


Samantha Berg with Suki, a whale captured at Taiji, Japan in 1983
We wonder how these revelations will effect the dozen or more current trainers at SeaWorld in Orlando that worked with these drive-hunt-whales. This will be disturbing news to them, too.

SeaWorld Can Extend Tilikum's Legacy Beyond the Show Pool

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For the benefit of science, allow for open & collaborative histological examination of Tilikum's cadaver

To Whom It May Concern:  

Myself, and the other members of VOTO, Samantha Berg, John Jett, and Carol Ray, have been informed that Tilikum, a SeaWorld killer whale in Orlando, is near death. We are saddened by this announcement, although it is not unexpected.  

Tilikum has developed an antibiotic resistant bacterial infection of the lungs, with pneumonia being the leading reported cause of captive killer whale mortality. Efforts to treat Tilikum have failed due to decades of antibiotic and antifungal therapy, medications that three-of-us at VOTO have fed him, and medications he was on in 2010 when he killed Dawn Brancheau, as reported by APHIS, here


Tilikum IS the Blackfish Effect. He changed the world from a small tank at SeaWorld in Orlando. Photo: VOTO 

Tilikum has been getting fed antibiotics consistently for at least two decades, primarily because of his badly damaged teeth, including open bore holes that must be flushed with antiseptic solution 2-3 times daily. These bore holes can lead to fish particles, roe, and other debris getting into the jaw and eventually into his blood stream, causing chronic low grade infection(s), and able to seed various organs, including the lungs. The end result is that, now, Tilikum is filled with bacteria that are resistant to powerful and broad spectrum medications that SeaWorld is dosing him with. 

Tilikum is, at this time, likely suffering from pulmonary edema, or excess fluid in his lungs. When the surface area of his alveoli diminishes sufficiently, he will suffocate in a stretcher, at SeaWorld. In a last ditch effort to obtain air to oxygenate his tissues, he will likely thrash in the stretcher, and go through a period of "death throes," prior to finally passing. This is a particularly dangerous time for the animal care and training staff on hand. 

A crane is reportedly standing by, possibly to recover his body if he should pass. This information is unconfirmed, but it does correspond with SeaWorld's recent announcements seen in this video:



Many citizens, including some in the scientific community, are hopeful that SeaWorld will dedicate Tilikum's cadaver to science. This gesture would advance our understanding of the impact of captivity on marine mammals such as Tilikum. 

Histological samples of dorsal fin collagen would help us understand collagen fibrillogenesis in killer whales, and why dorsal fins collapse in captivity. Kidney tissue samples could help us understand the effects of chronic dehydration on orcas, like Tilikum, who require gelatin as a dietary supplement. Cardiac tissue could be examined for evidence of physical deconditioning. Eye tissue could be used to understand the effects of looking upward toward trainers, a behavior that is probably contributory to early cataract formation in show animals that must look for hand signals from trainers, on stage. Blood tissue can be used to test for elevated titers of viruses such as West Nile, St Louis encephalitis, and other mosquito transmitted "bugs" associated with zoos, but not seen in wild animals. Immunoglobulin levels could provide information on captive orca immunity. Detailed bone and joint examinations could be examined for evidence of various arthritides. DNA testing could help identify Tilikum's natal pod, and so on. 


Take the NFL as an example 

Samples of brain tissue were critical in understanding the newly described condition (seen in NFL players) known as Chronic Traumatic Encephalopaty (CTE), and as depicted in the feature film "Concussion," with Will Smith. The NFL was initially resistant to outside scientists performing these studies, but is now helping to fund them. SeaWorld can mimic the NFL, and CEO Joel Manby can get credit for the change, something that might give him some job security.  

Killer whales in captivity are also known to slam their heads on solid objects such as gates and concrete walls, especially adult male killer whales, with Kanduke being a famous example. Tilikum's brain tissue, or perhaps a new MRI, as depicted in Blackfish, could push our understanding of the orca brain forward, a brain four times larger than our own. 
An MRI can be used to scan Tilikum's brain. This has been done once, previously, & was depicted  in Blackfish movie 


SeaWorld has an opportunity to extend Tilikum's legacy beyond the performance pool and to substantiate it's claims of performing relevant science. We are hopeful they will take up this idea for the benefit of science, the public, policy makers, whale lovers, and for future killer whales. 

Thank you, Tilikum, for your sacrifices. Your legacy will live on through us and the millions of people your story has touched.  

Jeffrey Ventre MD
Blackfish cast member
Former trainer at SeaWorld 

Our Statement Regarding SeaWorld’s announcement to End Captive Orca Breeding

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SeaWorld’s announcement to end captive orca breeding is a step in the right direction, for orcas, and we support efforts to phase out all marine mammals from captivity. 



SeaWorld’s partnership with the Humane Society is significant [two former foes pledging to work together] and we hope the company will become a leader in ocean conservation, help to restore salmon runs, and assist the animal justice community in obtaining nonhuman rights for cetaceans. We understand it took courage for CEO Joel Manby to make these changes; Kudos to his leadership. 

It must be pointed out that SeaWorld’s shift is a financial decision and the public itself has made this happen over a several year time span. THANK YOU for not buying a ticket. There are some inaccuracies in the announcement, such as the characterization of Keiko's release effort and no mention of other species still incarcerated at the park. 

We’d like to send love to Tilikum, who continues to languish alone in Orlando, and wish we could comfort him in his final hours. In the end, his message was heard. Thank you, Tilly

Voice of the Orcas: 


John Jett Ph.D. 

Carol Ray M.A. 
Jeffrey Ventre M.D. 
Samantha Berg M.Ac. 








Superpod Five Killer Whale Conference is "The Future"

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Updated 6-27-16 with scheduling information at bottom. 


In its fifth incarnation since 2011, Superpod Five kicks off 18 July 2016 in Friday Harbor, on San Juan Island. This year's theme, The Future, will feature presentations and activities that blend the work of our youth leaders with whale watching, updates on research, dams, salmon, & more. 
Click HERE to go to this Friday Harbor website  
A lot has happened with the local killer whale population since #Superpod4, and notably, SeaWorld has announced an end to captive orca breeding. These current events will be popular topics in Friday Harbor and at the San Juan Island Community Theater, our primary terrestrial venue.

Photo series v J. Ventre #Superpod4 


#Superpod5 is the fifth in a series of gatherings, hosted by Voice of the Orcas, open to the public and attended by an international group of scientists, filmmakers, authors, journalists, former trainers, naturalists, & orca advocates. 

Ella van Cleave, Michelle Duncan, , and journalist Melissa Cronin at #Superpod3 on the deck of Headquarters

The official itinerary includes events beginning Monday 18 July through Friday 22 July, but many visitors arrive before the event begins, or depart several days after the event closes. Once arriving in the "San Juans," most folks don't want to leave, and all can understand why orcas prefer the surrounding waters to concrete tanks. The Haro Strait, separating the West side of San Juan Island, from Canada, can be seen in the short video below: 


In general, the ideas & connections made at superpod gatherings have been significant in helping to bring concepts like captivity, dam breaching, & salmon restoration to the public through presentations, documentary films, direct action, social media, and journalists who attend and report on it. Four film crews have attended past gatherings, including for Blackfish, and we're told a fifth crew, another documentary team, will be attending in 2016. 

Below, hear Katie Emmons, one of the event organizers, speaking at the Kodak Theater, Rochester, New York, with Phil Demers in the foreground: 


_________________________

The Business:

If you have questions about #Superpod5, the event planning committee for 2016 consists of:



Kimberly Ventre @KimberlyVentre
Dr. Lori Marino @Whale_Sanctuary
Carol Ray @carolray_wa
Dr. Jeffrey Ventre @jeffrey_ventre
Katie Emmons @BlueFreedomOrg
Captain Jeff Friedman @orcawild


Kim has secured the community theater, is handling the #Blackfish whale-watch ticket sales on June 1st, and is the lead organizer of Superpod5. The Blackfish trip will be on the "Western Prince II." 



[ SOLD OUT - quickly. Note that there are plenty of other whale watch opportunities & we can direct you to them. 

GO HERE: http://sanjuanislandwhalewatch.com/ or you can also email: jeff@sjiwhalewatch.com


Dr. Marino is speaking at the event and organizing a scholar-advocacy conference on the island. Please read the notice below and contact Dr. Marino if you would like to participate. 



Captain Jeff Friedman & Spencer Domico will be operating three whale watching vessels, The Peregrine, Imagine, and the new "J-1," during the event. For questions about getting on a WW boat, please contact Jeff. 

Jeffrey Ventre is organizing the speaking line up, utilizing this blog, Twitter, and direct communications to get people information, such as: 

1. Information about how to get to the island can be found HERE
2. Information about last year's event can be found HERE
3. The history of the event can be found HERE
4. The website for the event (built by Jeff Friedman) is HERE 

Note that you can register for Superpod events at the site. The information is used to estimate how many will be attending & planning venue size.  Also, this event is free & open to all, but there are costs, including rental fees for the community theater, over $2000. In an effort to keep the event free to attendees, there is an option to donate on the http://www.orcasuperpod.com/ website

Carol Ray has secured Superpod5 headquarters, is a potential speaker and is an organizer of the event. Reach out to her for general questions. Carol is one of the cast members of the new documentary, Voiceless. See her in the new official trailer, below: 



Katie Emmons is one of our youth leaders and director of the new documentary, Voiceless, which will be premiering at #Superpod5. You can see Katie interviewing Dr. John Jett for her film HERE 

In this second video, Katie explains what Voiceless is: 



We're excited for #Superpod5 as it will attract folks from distant places who all share a love of killer whales, nature, and conservation, in general. Please use hashtag #Superpod5 as we approach this event. Based on early numbers, it will likely be the most attended superpod yet. We are expecting 300 to 400 attendees. Please return to this space for updates on tickets and the schedule, below: 


________________________________


SCHEDULE -- Partial  

#Superpod5 Schedule (So far)

Monday July 18
2-4 pm: Meet & Greet at Friday’s Crabhouse
This is a casual get together to greet old friends and make some new ones. Everyone tends to gather on the top deck for a drink or bite to eat.

6:30pm Welcome to Superpod 5 “The Future” San Juan Community Theatre
History of Superpod and the Blackfish Effect
Ex-SeaWorld Trainer/Blackfish Cast Member Dr. Jeffrey Ventre

7:00pm Screening of documentary film Voiceless
Q&A with Voiceless Director and Blue Freedom Founder Katie Emmons



Tuesday July 19  San Juan Community Theatre 9 – 4pm
Scholar Advocacy Day
Presentation times to follow including:
9:00am – Young Adult Novel The Blackfish Prophecy
Rachel Clark, Science & Environment Author

How I Followed My Dreams to Superpod Using Social Media
Mariah Kirby, Biology Student, University of Missouri-St. Louis

To the Sea a film about (re)connection
Ella Van Cleeve, aspiring documentary film maker/advocate

Cetacean Awareness: Using Social Media to Create a Vibrant Community
Michelle Strom, Student/Founder Cetacean Awareness

Every Drop
Roya Paller, Social Worker, Founder/President Generation Change

Scholar Advocacy Roundtable including Dr. Naomi Rose, Dr. Lori Marino, Dr. Jeffrey Ventre

The Whale Sanctuary Project – the Future for Captive Cetaceans
Dr. Lori Marino, neuroscientist
Founder and Executive Director the Kimmela Center for Animal Advocacy

“I Am Not an Animal!”
Michael Mountain, founding member of The Whale Sanctuary Project Former President of Best Friends Animal Society
Founder EarthinTransition.org

Conservation Canines
Dr. Sam Wasser, Director, Center for Conservation Biology
University of Washington


Wednesday July 20
Whale Watch Wednesday
Spend the morning exploring beautiful San Juan Island. Many Superpod participants are whale watching from shore, kayaks or boats–but the island also has wonderful hiking, biking, shopping and beachcombing. Don’t forget to check out the Whale Museum.

Afternoon – San Juan Community Theater 1:30-4pm

#EmptyTheTanks presentation
Rachel Carbary

Closing the Wild Capture Loophole: Working to Ban the Importation of Wild Cetaceans into Canada
Katherine Sussman, Ph.D

Alphabet Soup: Legislation, Regulation, and Agencies, oh my!
Dr. Naomi Rose, Marine Mammal Protection Advocate and Orca Biologist

Dolphin Project
Lincoln O’Barry

Whale Museum 6:30pm
David Neiwert Of Orcas and Men Presentation and book signing


Thursday July 21 – San Juan Community Theater 9am-5pm

Presentation times to follow including:
The Ecosystem Approach: The Future of Endangered Species Recovery
Colleen Weiler, WDC, Rekos Fellow for Orca Conservation

Dolphin and Whale Brains– More Evidence for Complexity
Dr. Lori Marino, neuroscientist/Founder and Executive Director the Kimmela Center for Animal Advocacy

Navy Sonar & Marine Mammals: Potential Measures to Mitigate Harmful Effects
Meegan Corcoran, ex-Navy Biologist, University of Washington 

Center for Whale Research 40 years and Counting Shifting Baselines in the Salish Sea
Ken Balcomb, Founder/Executive Director, Center for Whale Research
Dr. Deborah Giles, Research Director, Center for Whale Research

A Captive Orca and Her Natural History

Howard Garrett, Co-Founder Orca Network

The Morgan Monitor Who filmed The Escape Behavior Provides More First Hand Details about the Orca

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This week, controversial video footage gathered by the anonymous "Morgan Monitors" was posted by the DolphinProject and picked up by major news media. The "Monitors" are seeking justice for the young killer whale who was captured & betrayed by the Dutch Dolfinarium Harderwijk and shipped to Loro Parque, in the Canary Islands, Spain, with the help of SeaWorld, from the United States. If that sounds like whale laundering, read THIS


To LINK to & DOWNLOAD this WHITE PAPER, click HERE 

The footage shows Morgan distressed and beaching herself on the stage area at "Orca Ocean," the circus style arena at the theme park. 


The story made global headlines with articles appearing at media sights including PEOPLE, TIME, Mashable, Russian TV, FOX News, the Telegraph, and more. Some headlines were overtly sensational & the responses from Loro Parque and SeaWorld claiming that Morgan was exhibiting "normal behavior" were patently false. 


One video, posted at Sky News, caught the attention of the anonymous "Morgan Monitor" who actually filmed the distressed orca. The video is linked here:


Within hours & via Twitter, the anonymous Morgan Monitor reached out to the former SeaWorld trainer who provided the analysis seen in the video. With permission, this information is being shared, below: 



to:jmventre
date:Tue, Jun 7, 2016 at 1:06 PM
subject:Regarding Morgan Video


Hi...  I took the footage of Morgan. 
What you said in the interview on Sky news was spot on... 
I wish there was some way I could get it out to the media that this was not a suicide attempt,
but without my identity being exposed... So here is my unpublished blog, which may give you a better idea of what led to her jumping out. 

A visit to Loro Parque 16th May 2016: 
Morgan the female orca has captured the hearts of many around the world. She was spotted swimming alone in waters of the Netherlands. She was extremely underweight but swimming freely. She was captured by a local theme park (Dolfinarium Harderwijk), under a Dutch Government issued ‘rescue, rehabilitation and release’ permit. The theme park failed to fulfill the rehabilitation and release part of the permit.
She was trained and kept in a life of captivity. Morgan now spends her life in Loro Parque on the island of Tenerife. Here she is constantly attacked, and the male [Keto] tries to mate with her.  The Free Morgan Foundation was formed to get Morgan back to her family in Norway. Morgan has suffered a significant injustice most of her life. This visit was to follow up on Morgan after the release of footage of her violently banging her head against the gate of the med pool a few weeks earlier. The last show Morgan made her first appearance of the day. The show arena was not as full as it had been earlier that day. Video footage was taken of the show; the first part of the footage shows a splash and 3 orcas going under the water, It seemed like some kind of scramble or attack by two orcas on the other one (Morgan). 
The following moment Morgan jumped and beached herself onto the concrete. Her breathing was rather shallow; her vocals seemed stressed and sounded as though she was in pain, even more so each time she lifted her head. 
The first part of the video...  shot of her beached lasted over 2 minutes, and the trainers did not attend to her. Most of the audience seemed to think that this was the ending of the show; many took selfies with Morgan suffering in the background. I then decided to video again as Morgan was still in the same position still showing signs of shallow breathing and severe discomfort. Now people were leaving, I moved around taking footage until I had Morgan facing the camera lens. A female trainer stood a few feet away from Morgan just watching the crowd leave. The other 2 orcas were still swimming around in the tank and often just spy hopping at Morgan. A trainer stood by the bridge was asked if Morgan is ok, His reply " Yes she’s fine just like’s to be out of the water” The audience was still leaving and we were eventually all asked to leave. At this point I stopped filming and I glanced back:  Morgan was still in the same position as where the trainers. This had now been over 10 minutes. So all I could do now was make my way to the exit. As I left for the exit, heart pounding, feeling choked up and holding back the tears. 
I had just witnessed the true face of captivity. As much as they are controlled and trained. The only place for these majestic creatures is the ocean with their true family...
Anonymous, Morgan Monitor 

Tilikum is Dead but SeaWorld Can Extend His Legacy Through Science

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Sadly, a week into 2017, we learn of the loss of Southern Resident Matriarch J2, Granny, and now Tilikum, the killer whale that changed the world. In our opinion, SeaWorld now has an opportunity, in death, and can extend Tilikum's Legacy beyond the show pool:
Collaborate with outside scientists, do an MRI of his brain, share tissue samples of dorsal fin collagen, examine his eyes, and in general, share necropsy results with the outside world.  

Tilikum on the slide out at Shamu Stadium 

SeaWorld reported that Tilikum had been battling a serious and persistent lung infection, with pneumonia being the leading reported cause of captive killer whale mortality. Efforts to treat Tilikum have finally failed due to decades of antibiotic and antifungal therapy, medications that three-of-us at VOTO have fed him, and medications he was on for a very long time, including when he last killed in 2010. Watch below as former SeaWorld trainer and Blackfish cast member, Dean Gomersall, describes the "death throes" of former SeaWorld killer whale Kanduke, another large male that died under similar circumstances in 1990:  


Tilikum was fed antibiotics consistently for at least two decades, primarily because of his badly damaged teeth, including open bore holes that were flushed with antiseptic solution 2-3 times daily. See SeaWorld's video below. These bore holes lead to fish particles, roe, and other debris getting into the jaw and eventually into his blood stream, causing chronic low grade infection(s), able to seed various organs, including the lungs. 

In his final weeks he was likely suffering from pulmonary edema, or excess fluid in his lungs.When the surface area of his alveoli diminished sufficiently, he likely suffocated and went into death throes, as described above, in the video. 

When Tilikum was near death in 2016, SeaWorld produced this video, below, filled with misinformation, regarding his health & the "similar diseases" found in wild whales. Sorry SeaWorld, wild orca don't have antibiotic resistant "super infections" 


Compare Tilikum's dorsal fin to this personal ideo from the mid 1990's. 


Many citizens, including some in the scientific community, are hopeful that SeaWorld will dedicate Tilikum's cadaver to science. This gesture would advance our understanding of the impact of captivity on marine mammals such as Tilikum. 

Histological samples of dorsal fin collagen would help us understand collagen fibrillogenesis in killer whales, and why dorsal fins collapse in captivity. Kidney tissue samples could help us understand the effects of chronic dehydration on orcas, like Tilikum, who require gelatin as a dietary supplement. Cardiac tissue could be examined for evidence of physical deconditioning. Eye tissue could be used to understand the effects of looking upward toward trainers, a behavior that is probably contributory to early cataract formation in show animals that must look up for hand signals from trainers. Blood tissue can be used to test for elevated titers of viruses such as West Nile, St Louis encephalitis, and other mosquito transmitted "bugs" associated with zoos, but not seen in wild animals. Immunoglobulin levels could provide information on captive orca immunity. Detailed bone and joint examinations could be examined for evidence of various arthritides. DNA testing could help identify Tilikum's natal pod, and so on. 




From the movie "Concussion," Take the NFL as an example 

Samples of brain tissue were critical in understanding the newly described condition (seen in NFL players) known as Chronic Traumatic Encephalopaty (CTE), and as depicted in the film "Concussion," with Will Smith. The NFL was initially resistant to outside scientists performing these studies, but is now helping to fund them. SeaWorld can mimic the NFL, and CEO Joel Manby can get credit for the change.

Killer whales in captivity are also known to slam their heads on solid objects such as gates and concrete walls, especially adult male killer whales, with Kanduke being a famous example. Learn about Kanduke in the first video of this article. 

Tilikum's brain tissue, via MRI as depicted in Blackfish, could push our understanding of the orca brain forward, a brain four times larger than our own. 

An MRI can be used to scan Tilikum's brain. This has been done once, previously, & was depicted  in Blackfish movie 


SeaWorld has an opportunity to extend Tilikum's legacy beyond the performance pool and to substantiate it's claims of performing relevant science. We are hopeful they will take up this idea for the benefit of science, the public, policy makers, whale lovers, and for future killer whales. 

Thank you, Tilikum, for your sacrifices. Your legacy will live on through us and the millions of people your story has touched.  


Jeffrey Ventre MD

Blackfish cast member 
Former trainer at SeaWorld 

Class Action Lawsuit vs SeaWorld Promises Drama & Discovery

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SeaWorld's captive orca Tilikum died 6 Jan 2017
from an antibiotic resistant super-infection. Listen HERE
Earlier this month U.S. District Judge Jeffrey White ruled that a class-action lawsuit filed against SeaWorld, for false advertising, can move forward; important as the company was feverishly trying to have the case thrown out so it could avoid legal discovery. Discovery is done in preparation for trial, expected late 2017, and is a nightmare for the captivity corporation; one that has a lot to hide

Discovery includes subpoenaing compelling witnesses like scientists, employees, veterinarians & former trainers; or asking for physical evidence, such as the orca medical records, here. Once inserted into the record, the data or transcripts (example from OSHA trial herebecome available to media, scientists, members of the public, and animal welfarists. 




How discovery works: 
Copied from "How Courts Work" - Link HERE 


The trial will feature SeaWorld's hired power lawyer Larry Iser vs attorneys from Covington & Burling. We've covered Mr. Iser once before: SeaWorld Lawyer Warned Author of ‘Beneath the Surface’


  Orca Kahana: Another victim who brutally died young at SeaWorld from skull fractures
"Remembering SeaWorld orca Kahana," who died of skull fractures" in captivity. Note that in nature there are no steel bars or concrete walls to cause skull fractures such as this one


Discovery  is feared by SeaWorld. Damning evidence brought forth from the 2011 trial, US Sec of Labor (OSHA) vs. SeaWorld, proved to cripple the company, ended trainer-orca waterwork interactions, resulted in a serious safety violation, and provided details from behind the captivity curtain. This included several near-deaths involving trainers working with captive Orcinus orca. We also learned that whales in captivity are regularly medicated, including with benzodiazepines like Valium, but more frequently with ones to control chronic infections or prevent stress-ulcers, like Tagamet. According to the Merck Veterinary Manual, one type of lethal infection, Candidiasis, which recently killed a SeaWorld captive [emphasis mine], please click:  



This common mycotic disease in captive cetaceans occurs secondary to stress, unbalanced water disinfection with chlorines, or indiscriminate antibiotic therapy.


Of note, un-medicated wild killer whales do not die of antibiotic resistant super-infections, such as the ones that killed Tilikum and Unna, SeaWorld of Florida & SeaWorld of Texas whales, respectfully. Read about Unna's story, as published by the Daily Mail

The Charges 

The plaintiffs, park guests who were given demonstrably false information, allege that SeaWorld is & has been engaging in false advertising by portraying collapsed dorsal fins as normal and captive-lifespans as equal to wild killer whales. The case is Anderson et al. v. SeaWorld Parks and Entertainment, number 4:15-cv-02172, in the U.S. District Court for the Northern District of California.




Lastly, the plaintiffs point out that SeaWorld continues to (astonishingly) claim that it does not separate mother killer whales from their calves, something that has occurred over and over again, and a claim that has been refuted with basic knowledge of where those mothers-offspring now reside and at what ages they were separated.


From an animal justice perspective, this case seems like an easy win for the plaintiffs... but it's not. SeaWorld is very good at conflating issues like "survival" [projections] with "longevity," calling orca teeth-damage & associated flushings, "superior dental care," and also using time parameters that attempt to redefine what an orca calf actually is. The company prefers to view itself as "the authority" on killer whales despite not having a single scientist on its board of directors, here. SeaWorld prefers to label actual scientists as "radical activists," a method akin to the Trump administration marginalizing journalists. 


SeaWorld orcas neurotically grind their teeth on concrete walls and break them on steel bars, similar to horses "cribbing"

This will be SeaWorld's strategy in the coming months: 
Obfuscate, object to the release of pertinent animal records, marginalize experts, and overwhelm the judge & lawyers with industry-speak & cherry picked data. 
With SeaWorld hoping to muddy the waters on these three main issues (lifespan, collapsed fins, separating mothers from calves) it's important that we, the animal welfarist community, continue to shed light on the realities of captivity. Fortunately, with good information, expert testimony, & orca medical records, SeaWorld won't be able to wordsmith their way out of the obvious: 



Killer whales suffer at SeaWorld & live impoverished lives, in concrete tanks, eating unnatural food, like smelt. Neurotic teeth damage is the most striking visual evidence of suffering at SeaWorld, leading to over medication, dental pain, chronic infections, & morbidity

Gif file compiled by Jeffrey Ventre from #Superpod4, Salish Sea, WA, USA

Author: Jeffrey Ventre MD DC is a board certified medical doctor in the specialty of Physical Medicine and Rehabilitation (PM&R). He treats patients with physical impairments from back pain & stroke, to spinal cord & brain injuries. Jeff is also a doctor of chiropractic & electromyographer. In 1996 Jeff joined Ken Balcomb & Dr. Astrid van Ginneken for Orca Survey, a 40+ year photo identification study of the the Southern Resident population of Killer Whales in the Pacific Northwest; a population once decimated by SeaWorld and where the original "Shamu" was taken. Along with his friends and former work colleagues at Voice of the Orcas, his sister Kimberly Ventre, & Jeff Friedman, he's helped organize 5 Superpod gatherings on San Juan Island, WA. Prior to becoming a doctor, Jeff worked at SeaWorld of Florida from Nov. 1987 until Dec. 1995. He worked with SeaWorld killer whales Katina, Tilikum, Kalina, Gudrun, Katerina, Kanduke, Kotar, Taku & favorite, Taima. JV appears in Blackfish movie and Death at SeaWorld book. He can be contacted @jeffrey_ventre






Afterward 


So there is great irony that SeaWorld named it's dolphin swim-with park "Discovery Cove." Because discovery, in the legal sense, is exactly what the company fears the most. SeaWorld knows that when the curtain is pulled back, the wrath of public opinion is harsh. A taste of that is chronicled here. And, this new trial is on the horizon.

Regarding discovery, on August 23rd of 2010, the Occupational Safety and Health Administration (OSHA) cited SeaWorld Florida with a “willful” safety violation for “exposing its employees to struck-by and drowning hazards when interacting with killer whales.” Despite efforts to seal documents and sequester testimony from experts, SeaWorld's worst nightmare, discovery, proceeded via pre-trial depositions, and continued in front of a packed courtroom, in Sanford, FL, USA.

For two weeks oral & written testimonies were presented, along with forensic & other types of evidence. The transcript of the entire trial can be read or downloaded from here:

OSHA v SeaWorld Trial Transcript 

Judge Ken S Welsch's Ruling on the OSHA v SeaWorld case 

The trial, held at a courtroom in Sanford, FL, is arguably one of the biggest court spectacles of the 21st century, attended by reporters, movie directors, journalists, television crews, activists and dozens of SeaWorld administrators and employees, many of whom were asked to testify. Some coverage by Journalist Tim Zimmermann, Outside Magazine:

OSHA Goes After SeaWorld - Nov 14, 2011

OSHA Goes After SeaWorld, Part 2 - Nov 23, 2011

SeaWorld pulled all the stops to win. After losing in Sanford, FL, they hired Eugene Scalia, the son of then U.S. Supreme Court Justice Antonin Scalia, once described as “an absolute bulldog” and Wall Street’s “secret weapon,” to argue before the U.S. Court of Appeals in Washington, D.C. In a split decision, the company lost again, 2-1.





Orca Medical Record Shines Negative Light On Killer Whale Captivity at SeaWorld

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In a recent article published at VOTO, the process of discovery was explained regarding a lawsuit filed against SeaWorld for false advertising. We follow up here with a detailed analysis of an exhibit obtained via discovery. For perhaps the first time a SeaWorld orca medical record will be broken down and explained by a medical doctor & ex trainer. By the end of this article, you'll have a better understanding of cruel captivity in SeaWorld's own words.

Orca Katina's fractured teeth
The findings are striking & include documented attempts of inbreeding, probable food deprivation and associated malnutrition (lab findings); the use of Valium and also drill bits to bore out orca teeth after an abscess. I've included the original document, available for download, and used Photoshop to add explanations on a 2nd version of the same document. Click to enlarge them, if needed. You can also drag them to your desktop on some computers.

The plaintiffs suggest that the image of a "happy healthy 'Shamu'" misrepresents the reality for captive killer whales. They assert that SeaWorld disseminates misinformation on health issues including lifespan, collapsed dorsal fins, & separating mothers from calves; and that if they had been armed with the truth, they would not have purchased tickets and merchandise from the captivity giant. The plaintiffs are represented by attorneys from the law firm of Covington & Burling.


Art by Lee Harrison, New Zealand  http://okura.deviantart.com/    @kiwiokuraorca 

Seen below, SeaWorld vets document attempted orca inbreeding, jaw abscess, use of Valium in three different whales, teeth drilling, and ultimately the transfer of a 4 year old male orca to another country; separated from his mother and family. 





For your knowledge, the upcoming lawsuit is Anderson et al. v. SeaWorld, 4:15-cv-02172, in the U.S. District Court for the Northern District of California. It is expected to go to trial in about one year. 


--------- The Orca Medical Record for Ikaika ---------

Below is the medical record obtained 28 March 2011. You can view or download the original document. This record contains six "SOAP Notes" for Ikaika, a captive born N. Atlantic male born to Katina on 8/25/2002, at SeaWorld of Florida. SOAP is an acronym that describes each veterinary interaction with Ike. SOAP notes include the Subjective part (what was seen), the Objective Part (exam or lab findings), the Assessment and Plan. 





The first SOAP note was recorded on 8/25/2006 and the last on 11/16/2006, just a few days before "Ike" was shipped to Marineland in Canada. He was four years old at the time of these records & it was noted that he was trying to in-breed his young sibling (Katina's calf) along with his older brother Taku, who successfully impregnated their mother about 17 months earlier.



Ike & Taku are brothers. Both tried to breed Katina's calf, according to the medical record 


The authors of this note are SeaWorld veterinarian Dr. Christopher Dold & former park vet Dr. Mike Walsh. The note below has added annotations describing what various terms, phrases & acronyms mean:  





Note to readers:  These documents are densely packed with information. Please click to expand so you can view the "translations:" 




Again, with expert testimony & orca medical records, SeaWorld won't be able to wordsmith their way out of the obvious: 

Killer whales suffer at SeaWorld & live impoverished lives, in concrete tanks, eating unnatural food, & are sometimes food deprived. Drugs such as Valium and Tagamet are needed to sedate & prevent ulcers, respectively. Antibiotics are used chronically to treat infections which are often caused by drilled out and broken teeth. Collapsed dorsal fins and teeth damage are the most striking visual evidence of pathology in captive orcas. Family separations lead to suffering and transported whales must re-integrate into artificial pods which are not always accepting of newcomers. 






Author: Jeffrey Ventre MD DC is a board certified medical doctor in the specialty of Physical Medicine and Rehabilitation (PM&R). He treats patients with physical impairments from back pain & stroke, to spinal cord & brain injuries. Jeff is also a doctor of chiropractic & electromyographer. In 1996 Jeff joined Ken Balcomb & Dr. Astrid van Ginneken for Orca Survey, a 40+ year photo identification study of the the Southern Resident population of Killer Whales in the Pacific Northwest; a population once decimated by SeaWorld and where the original "Shamu" was taken. Along with his friends and former work colleagues at Voice of the Orcas, his sister Kimberly Ventre, & Jeff Friedman, he's helped organize 5 Superpod gatherings on San Juan Island, WA. Prior to becoming a doctor, Jeff worked at SeaWorld of Florida from Nov. 1987 until Dec. 1995. He worked with SeaWorld killer whales Katina, Tilikum, Kalina, Gudrun, Nyar, Kanduke, Kotar, Taku & favorite, Taima. JV appears in Blackfish movie, Voiceless film & Death at SeaWorld book. Regarding orca captivity, he & John Jett PhD have co-authored several scientific works & a university textbook chapter, here. JV can be contacted @jeffrey_ventre

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