Seaworlds Website states The film also relies on animal rights activists masquerading as scientists: The film relies heavily on the dubious reflections of scientists who have aggressively campaigned against marine mammal display for decades, and have no expertise with killer whale behavior in captivity. These scientists include Howard Garrett, Lori Marino and Ken Balcomb. Mr. Garrett, along with cast members Samantha Berg and Carol Ray, joined with PETA in a previously filed lawsuit against SeaWorld. In this lawsuit, they equated SeaWorld’s work with killer whales as slavery under the 13th Amendment. Although their case was promptly dismissed by the Court, their anti-captivity bias is obvious. Likewise, the film relies on the statements of David Duffus, a professor of geography and purported expert in the area of killer whale behavior, whom Occupational Safety and Health Administration’s (OSHA) Judge Kenneth Welsch found “has no expertise in the training of captive killer whales.”
Seaworld put forth this document, which is not true, this is them on appeal not what the judge said here
The judge actually said Judge Welch considered Dr Duffus to be a credible informative witness who's testimony assisted the court. See point 6 here
Lets look at the credentials of ''the Animal Rights Activists masquerading as Scientists''
Howard received his degree in Sociology from Colorado College in 1980, and began working with the Center for Whale Research in 1981.
In 1996 Garrett wrote Orcas In Our Midst, a booklet oriented toward middle-school students. Volume 2 of Orcas In Our Midst was published in 2005. Volume 3, Residents and Transients - How Did That Happen? was published in 2011.
Garrett also wrote the entry under "Animal Culture" for the Encyclopedia of Animal Behavior (Greenwood Publishing Group, 2005); and a chapter about the rescue of the solitary orca A73 (Springer), in Between Species.
He co-founded Orca Network in November 2001 with Susan Berta.
Since 1995 Howard and Susan have conducted a campaign to return Lolita, the last survivor of the orcas captured from the Southern Resident community, from Miami to her home waters in Puget Sound.
Howard provides educational presentations for students and community organizations, naturalist talks on the ferries, develops educational materials, and designs and maintains the Orca Network website.
Lori Marino is the Nonhuman Rights Project Science Director. She is a Senior Lecturer in Neuroscience and Behavioral Biology and a Faculty Affiliate of the Center for Ethics at Emory University. She is also the founder and Executive Director of The Kimmela Center for Animal Advocacy, Inc.
She is the author of over 80 publications on dolphin and whale brain anatomy and evolution, comparative intelligence and self-awareness in dolphins and primates, and the ethical dimensions of human-nonhuman relationships, including dolphin-assisted therapy and swim programs, as well as elephant-assisted therapy. She serves as an expert witness and consultant on the effects of captivity on animals and the claims of the captivity industry. She teaches animal intelligence, animal welfare, and other courses.
Ken obtained his Bachelor's degree in Zoology in 1963 from UC Davis and soon after was employed by the US government as Field Biologist GS5-7, first in eastern Pacific large whale research and later in central Pacific marine bird research. During the Vietnam era, he was a commissioned US Navy pilot and oceanographic specialist. He then did his graduate studies at UC Santa Cruz with Dr. Ken Norris, the world famous marine mammal biologist. While a graduate student, Ken conducted Humpback whale research in the North Atlantic with colleague Dr. Steve Katona and taught marine biology aboard r/v Regina Maris for Dr. George Nichols of ORES and Harvard University. Ken is a pioneer in photo-identification of cetaceans and is the founder of Orca Survey (1976), a study of Pacific Northwest Southern Resident Killer Whales (Orcas). He founded the non-profit Center for Whale Research in 1985 and is its volunteer Executive Director, and employed Senior Scientist. Ken is a Charter Member of the Society for Marine Mammalogy.
The Whale Research Lab at the University of Victoria has always been shaped by a small nucleus of graduate students, interested faculty, research associates and visitors from a number of places. We have grown from a small field research-based project, begun in the late 1980's by Dave Duffus, Phil Dearden and Robin Baird to a small field research-based series of projects now.
He is responsible for all the following publications
Olsen, S. and D.A. Duffus. Threshold foraging in gray whales (Eschrichtius robustus). In Prep.
Karagatzides, J.D., Jelinski, D.E. Kyser, T.K., Buttle, J.M. and D.A. Duffus. Nitrogen Dynamics in a Temperate Old-Growth Rainforest: An Experimental Test of the Nutrient Retention Hypothesis with 15N. In Prep.
Karagatzides, J.D., Jelinski, D.E. Kyser, T.K., Buttle, J.M. and D.A. Duffus. A test of the nutrient retention hypothesis with phosphate in a temperate old-growth rainforest. Submitted to Biogeochemistry
Short, C.J. and D. A. Duffus. Forthcoming 2007. Can Marine Protected Areas be an Effective Tool in Sustaining Local Cetacean populations? An example from Coastal British Columbia. In D. Walsh and C. Malcolm Eds.
Nelson, T., Duffus, D. A. , Robertson, C. and L J. Feyrer. Submitted 2007. Spatial-temporal patterns in the intra-annual foraging activity of gray whales. Submitted to the Journal of Biogeography
Nelson, T., Robertson, C. Duffus, D.A. and L.J. Feyrer In Review 2006. The space-time string: a spatial-temporal exploration of the foraging range of gray whales. International Journal of Geographical Science
Hines, E.H. and Duffus, D.A. 2005. Dugong (Dugong dugon) Abundance along the Andaman Coast of Thailand. Marine Mammal Science 21(3):535-549
Hines, E.H. Duffus, D.A. and P. Dearden. 2005 Community Perspectives and Conservation Needs for Dugongs (Dugong dugon) Along the Andaman Coast of Thailand. Environmental Management 36(5):654-664
Jelinski, D.E., Krueger, C and D.A. Duffus 2002. Geostatistical analysis of interactions between killer whales (Orcinus orca) and recreational whale-watching boats. Applied Geography 22:393-411.
Hines, E. K., KA and David Duffus. 2005. Community perspectives and conservation needs for dugongs (Dugong dugon) along the Andaman coast of Thailand. Accepted Environmental Management.
Hines, E.H., KA and David Duffus. 2005. Dugong (Dugong dugon) abundance in Trang province along the Andaman Coast of Thailand. Accepted Marine Mammal Science.
Baird, R.W., P. Stacy, K. Langerlier, and David Duffus. 2003. An evaluation of gray whale (Eschrichtius robustus) mortality incidental to fishing operations in British Columbia. Journal of Cetacean Research and Management 4(3):289-296.
Jelinski, D.E., C. Krueger, and David Duffus. 2003. Geostatistical analysis of interactions between killer whales (Orcinus orca) and recreational whale-watching boats. Applied Geography 22:393-411.
Dunham, J.S. and D.A. Duffus. 2002. Diet of gray whales (Eschrichtius robustus) in Clayoquot Sound, British Columbia, Canada. Marine Mammal Science 18(2): 419-427.
Baird, R.W., Stacey, P.J., Duffus, D.A. and K.M. Langelier. 2002. An evaluation of gray whale (Eschrichtius robustus) mortality incidental to fishing operations in British Columbia, Canada. Journal of Cetacean Research and Management 4(3): 289-296.
Dunham, J.S. and D.A. Duffus. 2001. Foraging patterns of gray whales in central Clayoquot Sound, British Columbia, Canada. Marine Ecology Progress Series 223: 299-310.
Malcolm, C.D. and D.A. Duffus. 2000. Comparison of subjective and statistical methods of dive classification using data from a time-depth recorder attached to a gray whale (Eschrichtius robustus). Journal of Cetacean Research and Management 2(3): 177-182.
Duffus, D.A. 1996. The recreational use of grey whales in southern Clayoquot Sound, Canada. Applied Geography 16(3): 179-190.
Malcolm, C.D., Duffus, D.A. and S.G. Wischniowski. 1995/96. Small scale behaviour of large scale subjects: Diving behaviour of a gray whale (Eschrichtius robustus). Western Geography 5/6: 35-44.
Duffus, D.A. and R.W. Baird. 1995. Killer whales, whalewatching and management: A status report. Whalewatcher Fall/Winter: 14-17.
Duffus, D.A. and P. Dearden. 1993. Recreational use, valuation, and management, of killer whales (Orcinus orca) on Canada's Pacific coast. Environmental Conservation 20(2): 149-156.
Duffus, D.A. 1993. Tsitika to Baram: The myth of sustainability. Conservation Biology 7(2): 440-442.
Duffus, D.A. and P. Dearden. 1992. Whales, science, and protected area management in British Columbia, Canada. The George Wright Forum 9(3-4): 79-87.
Duffus, D.A. and K.J. Wipond. 1992. A review of the institutionalization of wildlife viewing in British Columbia, Canada. Northwest Environmental Journal 8(2): 325-345.
Duffus, D.A. and P. Dearden. 1990. Non-consumptive wildlife-oriented recreation: A conceptual framework. Biological Conservation 53: 213-231.
Dr. Naomi A. Rose, Ph.D. - Senior Scientist, HSI Wildlife Humane Society International. Dr. Rose is the Senior Scientist for Humane Society International. Marine Mammal Scientist.
She oversees HSI campaigns to protect wild and captive marine mammals and is a member of the International Whaling Commissions Scientific Committee. She has published popular and scientific articles and lectures at several universities. She participates in task forces and workshops at International, National and State Level. She received her PhD on the social dynamics of killer whales in 1992 from the University of California in Santa Cruz.
she put forward a win win situation to Seaworld and has never stated she wanted them closed down.
As a scientist she works on the latest data. The latest data show that orcas are more than three times as likely to die at any age in captivity as they are in the wild.
As you can see from the picture she is considered qualified enough to speak at governmental hearings but apparently not good enough for Seaworld.
Then there are the former trainers who by Seaworlds own words would have to be very well trained and qualified before they were even allowed near an orca. They can't slate them without bringing their own training into question can they?
There is no disputing that the people mentioned in Seaworld's statements know their orca's so why would Seaworld go to such lengths to try to discredit them?
Science has progressed in the wild orca world too not just in Seaworlds! the difference seems to be that these scientists have realised that since the wild research began, it shows that things are very wrong in the tanks, family bonds are broken, they cannot behave as they should, they die much too young, are bred much too young. The only people not recognising the wild research and applying it in their own tanks is Seaworld themselves.