MORGAN's court case
Since her capture on the 23rd of June 2010, orca experts and animal welfare advocates have been concerned about Morgan. Conditions for her were undesirable and unacceptable in the tiny tank she was held in at the Dolfinarium Harderwijk, in the Netherlands. Despite the availability of a robust and well researched release plan, the Dolfinarium Harderwijk refused to release Morgan.
The Netherlands Government had issued the Dolfinarium Harderwijk with a special capture and release permit, however the Dolfinarium Harderwijk violated the permit and fought against Morgan's release. The Orca Coalition was formed from a group of non-governmental organisations and they approached the Free Morgan Foundation to appear as expert witnesses and to prepare documents for the court case they would file against the Netherlands Government.
Two cases were filed; one against Morgan's CITES (Convention on the International Trade in Endangered Species) Transport Permit, the other was against the keeping of Morgan in captivity (as well as her welfare whilst she was being held).
These two cases were run concurrently during two hearings, both held in Amsterdam (the first was held on the 3rd of August 2011, the second on the 7th of November 2011). Here we present the documents from those first two hearings.
The next court hearing will be on the 1st of November 2012. This will investigate the findings of the first two cases and decide the merits of the case. When we have submitted the documents to the Court we will be able to release them here on the Free Morgan Foundation website. However, in the mean time we are not satisfied that Morgan has been housed in an appropriate manner and in an appropriate facility. Read about the bullying and attacks on Morgan at Loro Parque/
The Netherlands Government had issued the Dolfinarium Harderwijk with a special capture and release permit, however the Dolfinarium Harderwijk violated the permit and fought against Morgan's release. The Orca Coalition was formed from a group of non-governmental organisations and they approached the Free Morgan Foundation to appear as expert witnesses and to prepare documents for the court case they would file against the Netherlands Government.
Two cases were filed; one against Morgan's CITES (Convention on the International Trade in Endangered Species) Transport Permit, the other was against the keeping of Morgan in captivity (as well as her welfare whilst she was being held).
These two cases were run concurrently during two hearings, both held in Amsterdam (the first was held on the 3rd of August 2011, the second on the 7th of November 2011). Here we present the documents from those first two hearings.
The next court hearing will be on the 1st of November 2012. This will investigate the findings of the first two cases and decide the merits of the case. When we have submitted the documents to the Court we will be able to release them here on the Free Morgan Foundation website. However, in the mean time we are not satisfied that Morgan has been housed in an appropriate manner and in an appropriate facility. Read about the bullying and attacks on Morgan at Loro Parque/
list of evidence & Documents SUBMITTED to court (3 August & 7 November 2011)
Overview of Morgan’s current and proposed situation.
Prepared by the Free Morgan Group, 1 August 2011
RESPONSE TO "MOTIVATION" DOCUMENT
with regard to Application for CITES permit to export Morgan to Loro Parque
OVERVIEW OF RESPONSE TO van ELK DOCUMENT
with regard to the FREE MORGAN FOUNDATION RELEASE AND REHABILITATION PLAN
RESPONSE TO van Elk DOCUMENT
with regard to the FREE MORGAN FOUNDATION RELEASE AND REHABILITATION PLAN
RESPONSE TO THE INTRODUCTION PLAN OF A RESCUED Orcinus orca INDIVIDUAL IN THE ORCA OCEAN GROUP
ADDITIONAL DOCUMENTS PERTRAITING TO MORGANS SITUATION
RESPONSE TO RESEARCH PROPOSALS
with regard to APPLICATION FOR CITES PERMIT TO EXPORT MORGAN TO LORO PARQUE
EXTRACTS
Williams., V. (2001) Extracts from “Dying to Entertain You”
A report for Whale and Dolphin Conservation Society (WDCS), UK. Pp 100.
Rose, R. Parsons, E.C.M. & Farinato, R. (2009). Extracts from “The Case Against Marine Mammals in Captivity”. The Humane Society of the United States and World Society fro the Protection of Animals, 4th edition. Pp 76.
FOUR OF THE “SEVEN EXPERTS” DOLFINARIUM HARDERWIJK WHO CHANGED THEIR OPINION
Dr. John Ford’s letter
Dr. Christoph Guinet’s letter
Dr. Christina Lockyer’s letter
Dr. Fernando Ugarte's email
ANNEXES
Appendix 1 CITES Guidelines flow chart
Appendix 2 IUCN guidelines for Re- Introductions
Dolfinarium Harderwijk educational banner
“Stumpy” the Norwegian orca is provisioned and accepted by no less than five groups of orca. Pages 48.49, extracted from: Stenersen, J., and Similä, T (2004). Norwegian Killer Whales. Tringa forlag. ISBN: 8299457734. Pp 92.
TABLES
Collaborators in rehabilitation and release projects
List of Incidents (between orca and trainers)
List of Aggressions (between orca)
Comparison of ‘Research Projects’ submitted in 2005 and 2011 by Loro Parque.
REPORTS & PUBLICATIONS
Albright Mark (29 February 2008) “Anheuser-Bush launches multipark venture in Dubay” St. Petersberg Times (Accessed 31st July 2011)
Allrodt Oliver (18 May 2007) “Mexican baby killer whale in tug of love” Reuters (Accessed 31st July 2011)
Garcia J. (20 July 2011) “ SeaWorld seeks Dutch killer whale” Orlando Sentinel
Hardie T. (July 2011) “Re: Introduction Plan of a rescued Orcinus orca individual in the Orca Ocean group” Unpublished report submitted to the Free Morgan Foundation.
Jett J.S. & Ventre J.M. (February 2011). “Keto & Tilikum Express the Stress of Orca Captivity” Manuscript Submitted to The Orca Project Unpublished report. Pp 21.l
Quintana Craig, 15 January 1994 “SeaWorld gets permission to import a killer whale from Barcelona Zoo” Orlando Sentinel (Accessed 31st July 2011)
Samarra F., Duc A., Miller P.J.O. 2010 “Identification of Morgan's discrete call repertoire and matching to sounds recorded from the wild North Atlantic killer whales”
Sanchez F. (26 June 2011) “Analysis of Morgan's behaviour at Dolfinarium Harderwijk from video clips” Unpublished report submitted to the Free Morgan Foundation.
Sanchez F. July 2011 “Comments about the “introduction plan of a rescued Orcinus orca individual in the Orca Ocean group”. Unpublished report submitted to the Free Morgan Foundation.
Sanchez F., & Hardie T. (20 July 2011). “Analysis of Keto's endoscopy”. Unpublished report submitted to the Free Morgan Foundation.
van Elk N. 14 November 2010 “Expert advice on the releasability of the rescued killer whale (Orcinus orca) Morgan Dolfinarium Harderwijk- SOS Dolfijn” Pp 56.
Visser, I.N., and Hardie, T. M. (2011). “Morgan” the orca can and should be rehabilitated. With additional notes on why a transfer to another ‘captive orca facility’ is inappropriate and release is preferred. Unpublished Report (V 1.2) P 68+ Errata. Available from: Orca Research Trust orcaresearch.org and Free Morgan Foundation freemorgan.org
Zimmerman Tim July 2011“Blood in the water” Outside online (Accessed 31st July 2011)
CORRESPONDENCE
Allee S., (20 July 2011)
Allee S., (28 July 2011)
Bleker (undated) Ministry of Economic Affairs, Agriculture and Innovation
Dolfinarium Harderwijk, (18 April 2011)
Dolfinarium Harderwijk , (26 May 2011)
Foote A., (7 August 2010)
Foote A., (undated)
Pozzato L., (12 October 2010)
Pozzato L., (1 June 2011)
Rose N., (29 July 2011)
Rose, N., WDCS, HSUS, AWI (11 November 2010)
Steven J., (21 July 2011)
van der Hoef, B., (21 July 2011), DeltaPark Neeltje Jans
Visser I. N., (5 June 2010)
Vester H., (21 July 2011)
Vester H., (21 July 2011)
Wemelsfelder F., (19 July 2010)
Endorsement and commitment letters by Free Morgan Expert Board members
Berta S., Garrett H. and Orca Network, (July 2011)
Cousteau J.M. ,H. Lohuis and Ocean Future, (July 2011)
Hardie T. and Orca Research Trust, (July 2011)
Pozzato L., (July 2011)
Ray C., (July 2011)
Rossiter W. and CSI, (July 2011)
Sanchez F., (July 2011)
SeaWolf, (July 2011)
Spong, H. Symonds and OrcaLab, (July 2011)
van Ginneken A., July 2011
Visser I. and Orca Research Trust, (July 2011)
Williamson C. and WDCS, July2011
Endorsement letters by Non Free Morgan Expert Board members
Mahlke L., July 2011
Martens H., July 2011
Orka Coalitie, July 2011
Rose N., (21July 2011)
LIST OF ALL THE DOCUMENTS GIVEN TO THE MINISTRY
Power Point Presentation “Morgan should and can go free” Pozzato L. September 2011
Power Point Presentation “Morgan Rehabilitation and Release” Pozzato L. September 2011
Power Point Presentation “Risk assessment rehabilitation and release orca Morgan” van Twillert J. September 2011
Transport Plan to Norway FMF September 2011
“Detailed step by step Plan for rehabilitation and training for Morgan the orca” FMF September 2011
Letter regarding Loro Parque’s facilities Visser 24th September 2011
Photo evidence from Loro Parque Visser 2011
Letter to the Ministry FMF 15 September 2011 (in Dutch)
“Summary report on the acoustic analysis” FMF September 2011
“Extended family report” FMF September 2011
“Commenting on the scientific research projects” FMF September 2011
“Comparison of Morgan’s discrete call repertoire with a recent catalogue of Norwegian killer whale calls” Vester and Samarra September 2011
Vester, Heike (August 4 2011), Letter regarding the necessity of new acoustic recording of Morgan
LIST OFTHE DOCUMENTS TO SUBMITTED for 7 NOVEMBER 2011
Research Proposals (Bound together with the CVs of the authors and a covering letter)
Foster and Visser (26th October 2011), “Morgan‘s Transport to Neeltje Jans Protocol prepared for Free Morgan Foundation”
Response to the document “Introduction plan to the Dolphins” of the Dolfinarium
Also contains letters from:
Dr. Verné Dove (PhD)
Dr. Lori Marino (PhD)
Dr. Ingrid Visser (PhD)
Jeff Foster
Suzanne Allee
Carol Ray
Frank Sanchez
Samantha Berg
Further comments on the Loro Parque “Introduction plan” containing letters from:
Dr. Tiü Similla (PhD)
Dr. Lance Barrett-Lennart (PhD)
Dr. Craig Matkin (PhD)
Dr. Jeff Ventre (MD)
Dr. Alexandra Morton (PhD)
Dr. Rob Williams (PhD)
Dr. Ingrid Visser (PhD)
Prepared by the Free Morgan Group, 1 August 2011
RESPONSE TO "MOTIVATION" DOCUMENT
with regard to Application for CITES permit to export Morgan to Loro Parque
OVERVIEW OF RESPONSE TO van ELK DOCUMENT
with regard to the FREE MORGAN FOUNDATION RELEASE AND REHABILITATION PLAN
RESPONSE TO van Elk DOCUMENT
with regard to the FREE MORGAN FOUNDATION RELEASE AND REHABILITATION PLAN
RESPONSE TO THE INTRODUCTION PLAN OF A RESCUED Orcinus orca INDIVIDUAL IN THE ORCA OCEAN GROUP
ADDITIONAL DOCUMENTS PERTRAITING TO MORGANS SITUATION
RESPONSE TO RESEARCH PROPOSALS
with regard to APPLICATION FOR CITES PERMIT TO EXPORT MORGAN TO LORO PARQUE
EXTRACTS
Williams., V. (2001) Extracts from “Dying to Entertain You”
A report for Whale and Dolphin Conservation Society (WDCS), UK. Pp 100.
Rose, R. Parsons, E.C.M. & Farinato, R. (2009). Extracts from “The Case Against Marine Mammals in Captivity”. The Humane Society of the United States and World Society fro the Protection of Animals, 4th edition. Pp 76.
FOUR OF THE “SEVEN EXPERTS” DOLFINARIUM HARDERWIJK WHO CHANGED THEIR OPINION
Dr. John Ford’s letter
Dr. Christoph Guinet’s letter
Dr. Christina Lockyer’s letter
Dr. Fernando Ugarte's email
ANNEXES
Appendix 1 CITES Guidelines flow chart
Appendix 2 IUCN guidelines for Re- Introductions
Dolfinarium Harderwijk educational banner
“Stumpy” the Norwegian orca is provisioned and accepted by no less than five groups of orca. Pages 48.49, extracted from: Stenersen, J., and Similä, T (2004). Norwegian Killer Whales. Tringa forlag. ISBN: 8299457734. Pp 92.
TABLES
Collaborators in rehabilitation and release projects
List of Incidents (between orca and trainers)
List of Aggressions (between orca)
Comparison of ‘Research Projects’ submitted in 2005 and 2011 by Loro Parque.
REPORTS & PUBLICATIONS
Albright Mark (29 February 2008) “Anheuser-Bush launches multipark venture in Dubay” St. Petersberg Times (Accessed 31st July 2011)
Allrodt Oliver (18 May 2007) “Mexican baby killer whale in tug of love” Reuters (Accessed 31st July 2011)
Garcia J. (20 July 2011) “ SeaWorld seeks Dutch killer whale” Orlando Sentinel
Hardie T. (July 2011) “Re: Introduction Plan of a rescued Orcinus orca individual in the Orca Ocean group” Unpublished report submitted to the Free Morgan Foundation.
Jett J.S. & Ventre J.M. (February 2011). “Keto & Tilikum Express the Stress of Orca Captivity” Manuscript Submitted to The Orca Project Unpublished report. Pp 21.l
Quintana Craig, 15 January 1994 “SeaWorld gets permission to import a killer whale from Barcelona Zoo” Orlando Sentinel (Accessed 31st July 2011)
Samarra F., Duc A., Miller P.J.O. 2010 “Identification of Morgan's discrete call repertoire and matching to sounds recorded from the wild North Atlantic killer whales”
Sanchez F. (26 June 2011) “Analysis of Morgan's behaviour at Dolfinarium Harderwijk from video clips” Unpublished report submitted to the Free Morgan Foundation.
Sanchez F. July 2011 “Comments about the “introduction plan of a rescued Orcinus orca individual in the Orca Ocean group”. Unpublished report submitted to the Free Morgan Foundation.
Sanchez F., & Hardie T. (20 July 2011). “Analysis of Keto's endoscopy”. Unpublished report submitted to the Free Morgan Foundation.
van Elk N. 14 November 2010 “Expert advice on the releasability of the rescued killer whale (Orcinus orca) Morgan Dolfinarium Harderwijk- SOS Dolfijn” Pp 56.
Visser, I.N., and Hardie, T. M. (2011). “Morgan” the orca can and should be rehabilitated. With additional notes on why a transfer to another ‘captive orca facility’ is inappropriate and release is preferred. Unpublished Report (V 1.2) P 68+ Errata. Available from: Orca Research Trust orcaresearch.org and Free Morgan Foundation freemorgan.org
Zimmerman Tim July 2011“Blood in the water” Outside online (Accessed 31st July 2011)
CORRESPONDENCE
Allee S., (20 July 2011)
Allee S., (28 July 2011)
Bleker (undated) Ministry of Economic Affairs, Agriculture and Innovation
Dolfinarium Harderwijk, (18 April 2011)
Dolfinarium Harderwijk , (26 May 2011)
Foote A., (7 August 2010)
Foote A., (undated)
Pozzato L., (12 October 2010)
Pozzato L., (1 June 2011)
Rose N., (29 July 2011)
Rose, N., WDCS, HSUS, AWI (11 November 2010)
Steven J., (21 July 2011)
van der Hoef, B., (21 July 2011), DeltaPark Neeltje Jans
Visser I. N., (5 June 2010)
Vester H., (21 July 2011)
Vester H., (21 July 2011)
Wemelsfelder F., (19 July 2010)
Endorsement and commitment letters by Free Morgan Expert Board members
Berta S., Garrett H. and Orca Network, (July 2011)
Cousteau J.M. ,H. Lohuis and Ocean Future, (July 2011)
Hardie T. and Orca Research Trust, (July 2011)
Pozzato L., (July 2011)
Ray C., (July 2011)
Rossiter W. and CSI, (July 2011)
Sanchez F., (July 2011)
SeaWolf, (July 2011)
Spong, H. Symonds and OrcaLab, (July 2011)
van Ginneken A., July 2011
Visser I. and Orca Research Trust, (July 2011)
Williamson C. and WDCS, July2011
Endorsement letters by Non Free Morgan Expert Board members
Mahlke L., July 2011
Martens H., July 2011
Orka Coalitie, July 2011
Rose N., (21July 2011)
LIST OF ALL THE DOCUMENTS GIVEN TO THE MINISTRY
Power Point Presentation “Morgan should and can go free” Pozzato L. September 2011
Power Point Presentation “Morgan Rehabilitation and Release” Pozzato L. September 2011
Power Point Presentation “Risk assessment rehabilitation and release orca Morgan” van Twillert J. September 2011
Transport Plan to Norway FMF September 2011
“Detailed step by step Plan for rehabilitation and training for Morgan the orca” FMF September 2011
Letter regarding Loro Parque’s facilities Visser 24th September 2011
Photo evidence from Loro Parque Visser 2011
Letter to the Ministry FMF 15 September 2011 (in Dutch)
“Summary report on the acoustic analysis” FMF September 2011
“Extended family report” FMF September 2011
“Commenting on the scientific research projects” FMF September 2011
“Comparison of Morgan’s discrete call repertoire with a recent catalogue of Norwegian killer whale calls” Vester and Samarra September 2011
Vester, Heike (August 4 2011), Letter regarding the necessity of new acoustic recording of Morgan
LIST OFTHE DOCUMENTS TO SUBMITTED for 7 NOVEMBER 2011
Research Proposals (Bound together with the CVs of the authors and a covering letter)
Foster and Visser (26th October 2011), “Morgan‘s Transport to Neeltje Jans Protocol prepared for Free Morgan Foundation”
Response to the document “Introduction plan to the Dolphins” of the Dolfinarium
Also contains letters from:
Dr. Verné Dove (PhD)
Dr. Lori Marino (PhD)
Dr. Ingrid Visser (PhD)
Jeff Foster
Suzanne Allee
Carol Ray
Frank Sanchez
Samantha Berg
Further comments on the Loro Parque “Introduction plan” containing letters from:
Dr. Tiü Similla (PhD)
Dr. Lance Barrett-Lennart (PhD)
Dr. Craig Matkin (PhD)
Dr. Jeff Ventre (MD)
Dr. Alexandra Morton (PhD)
Dr. Rob Williams (PhD)
Dr. Ingrid Visser (PhD)