On September 21, despite significant violations committed by Truskavets Dolphinarium, which are the direct grounds for terminating its activities, the Kyiv Economic Court refused to satisfy the claim justifying its decision by the statement that the method used for protection of dolphins was inadequate. However, due to the lack of a rehabilitation center, the method of protection chosen by the plaintiff is currently the only one that can protect EPL’s interest in preserving the environment, and which will change the conditions of captivity of wild and Red Book animal species.
In early May 2017, EPL filed a lawsuit with the Kyiv Economic Court demanding to stop operation of the Oscar-Truskavets Dolphinarium managed by Aquedellf LLC, in particular to stop exploitation of afalina dolphins and seals until the conditions of their maintenance comply with the current legislation, in particular:
1. Supply of natural seawater for dolphinarium pools.
2. Obtaining permission for the right to engage in breeding under semi-free conditions or in captivity of animal species included in the Red Data Book of Ukraine, for carrying out events involving the use of animals, for keeping wild animals in captivity.
3. Establishing the schedule of cultural events (shows) with the involvement of each individual animal no longer than 90 minutes a day.
4. Expanding the pool to 350 square meters.
Oscar-Truskavets dolphinarium holds 6 individuals of Red Data Book Afalina Dolphins with the following legislative violations:
– the maintenance of dolphins in artificial salty water;
– the maintenance and use of Red Data Book and wild animals without proper permissions;
– violations of norms for the size of pools where dolphins are kept;
– excessive use of dolphins in show performances, etc.
Another questionable. issue is legality of the origin of the animals kept by the dolphinarium. Additionally, fur seals are also kept in dolphinarium under inappropriate conditions.
In accordance with the provisions of the Law of Ukraine “On the Protection of Animals from Cruel Treatment”, operation of dolphinariums without natural sea water is prohibited. According to the requirements of the above-mentioned Law, captivity of wild animals is possible only if the conditions are as close as possible to natural ones. The failure to ensure proper conditions of captivity, according to the definition, enshrined in Art. 1 of the aforementioned Law, is cruelty to animals.
Importantly, dolphins live from 3 to 12 years in captivity while in natural conditions they live for up to 25 years. Dolphins practically do not reach sexual maturity. In rare cases, dolphins are born in captivity, but virtually there are no evidence of their survival (usually they die during the first year of their life).
The purpose of listing dolphins in the Red Data Book of Ukraine is to preserve and increase their quantity as rare animals. At the same time, keeping dolphins in captivity in no way contributes to their preservation and increase of their quantity.
EPL team continues to work on the protection of marine mammals that are in captivity.
For more information, please contact:
Kuts Nataliya, EPL lawyer
natalia.kuts1@gmail.com, +380 32 225 76 82
Kateryna Polyanska, EPL environmental scientist
kateryna.polyanska@gmail.com, +380 32 225 76 82
