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Flipper trainers nabbed for neglect

© Matt Villano

Former "Flipper" dolphin trainer Richard O'Barry, and his associate Lloyd Good have been found guilty of violating the Marine Mammal Protection Act for releasing two captive dolphins off the Florida coast in May that were not prepared to survive in the wild and sustained life-threatening injuries.

The Commerce Department's National Oceanic and Atmospheric Administration announced last week that O'Barry, Good, and their respective corporate entities were ordered to pay civil penalties totaling $59,500. Judge Peter A. Fitzpatrick, a U.S. Administrative Law Judge, fined O'Barry and Good for illegally transporting each of the dolphins. The men received the stiffest penalty provided by law.

The Sugarloaf Dolphin Sanctuary, the Sugarloaf Key, Fla.-based sanctuary where the men worked, was fined an additional $19,500 for failing to notify NOAA Fisheries prior to the transport of the dolphins. According to NOAA, all defendants have 30 days in which to appeal the case.

"This case involved the reckless and intentional release of two captive dolphins by over-zealous activists who had not prepared the animals to survive in the wild," said NOAA prosecuting attorney Joel La Bissonniere. "We are very pleased with the judge's decision in this case. The judge's ruling supports our position that the release of captive dolphins to the wild needs to be conducted according to peer-reviewed scientific protocols - in order to protect the health and welfare of the animals."

O'Barry and Good released the two dolphins, named "Luther" and "Buck," approximately six miles off the coast of Key West, Fla., on May 23, 1996. The day after the dolphins were released, Luther appeared in a congested Key West marina with deep lacerations, approaching people, and begging for food. Buck, found two weeks after his release over 40 miles away, had similar cuts and bruises, and was found emaciated. NOAA Fisheries determined that the dolphins were in need of medical attention, and with the help the Southeast Marine Mammal Stranding Network, the U.S. Navy, U.S. Coast Guard and Florida Marine Patrol, successfully rescued the animals and provided veterinary care. Today, the animals are recovering in an undisclosed Florida facility.

The dolphins had been collected from the wild off the coast of Mississippi during the 1980s, and were in captivity for almost 10 years. They were initially part of the U.S. Navy's marine mammal program, and were transferred to the Sugarloaf Dolphin Sanctuary in 1994 as part of an effort to return them to the wild. Although the sanctuary obtained the necessary authorizations to have the dolphins on public display, a scientific research permit was never obtained or even requested prior to the release.