Free Lolita Updates #1-10 – March 1, 1999 to May 10, 1999

Free Lolita Updates #11-20 – June 1, 1999 to December 2, 1999

Free Lolita Updates #21-30 – January 26, 2000 to March 17, 2001

Free Lolita Updates #31-40 – May 1, 2001 to August 29, 2001

Free Lolita Updates #41-50 - August 31, 2001 to March 31, 2002

Free Lolita Updates #51-60 - May 14, 2002 to January 26, 2003

Free Lolita Updates #61-70 - May 4, 2003 to December 16, 2003

Free Lolita Updates #71-80 - April 20, 2004 to September 17, 2005

Free Lolita Updates #81-90 - October 25, 2005 to September 23, 2007

Free Lolita Updates #91+ - January 5, 2008 to present

Free Lolita Updates on this page:

Free Lolita Update #60 - January 26, 2003

Free Lolita Update #59 - January 23, 2003

Free Lolita Update #58 - December 9, 2002

Free Lolita Update #57 - September 26, 2002

Free Lolita Update #56 - September 22, 2002

Free Lolita Update #55 - September 20, 2002

Free Lolita Update #54 - August 2, 2002

Free Lolita Update #53 - July 26, 2002

Free Lolita Update #52 - July 9, 2002

Free Lolita Update #51 - May 14, 2002

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Free Lolita Update #60
January 26, 2003

Dear Friends of Lolita,

We feel responsible for telling you about the ABC 20/20 story on Keiko last Friday night. It turned out to be just the same old cynicism from ten years ago, despite the actual fact that Keiko is now free and fully capable to roam the North Atlantic, and could very well join up with his family any day now.

The intro said:

That tidy ending was Hollywood fiction. The reality has been a costly and, some say, misguided science project, and it's where our story picks up.

No kidding. ABC has not progressed in their thinking in ten years, even though Keiko has proven he is competent to take care of himself in the ocean, something all the park industry and media critics said would be impossible. It's a demonstration of the power of false myth, when it's reinforced at every turn. The true story has almost never been told. ABC said on 20/20: It was an outright rejection of six years of rehabilitation, as if Keiko had never left the amusement park. The $20 million project had failed. Keiko was a tourist attraction again, and, it seemed, would always be a movie whale, not a wild one.

That means don't even think about releasing Lolita or Corky or Kshamenk or any of the other slaves to entertainment. 20/20 says they "disregarded the laws of nature." They said Keiko "He didn't even know how to catch a live fish," although he has caught and eaten live fish ever since they were first offered to him in 1997. Sure, he brought some back to the trainers, because he's a social whale, and that's civilized behavior for an orca.

ABC said releasing Keiko is "about bleeding-heart animal lovers going too far," ignoring the immense leaps in scientific knowledge learned from the fact that Keiko traveled over 1,000 miles across the Atlantic, feeding himself all the way, after 23 years of confinement. That's a fantastic accomplishment and a scientific breakthrough, and it shows what all the other captives are capable of, but nobody is telling that story, so the media knows only what the critics have been saying for ten years.

Dave Philips tried to say that Keiko did not starve on his 1,200-mile swim from Iceland to Norway last summer. But that was followed immediately with "And he's still clinging to his original dream." The whole spin was that releasing an orca is just an animal activist's crazy fantasy, and that's what they heard across America.

Will those who have access to media through their websites, newsletters and other contacts please tell the real story about Keiko? Isn't it long past time to get aggressive about telling the world that Keiko is free? We can debate whether he will continue to seek human companionship, but that's not the issue. The point is he is capable of a life at sea, and has no need for a concrete tank or even a net pen. He can roam the ocean any time he chooses, and so could Lolita, Corky, Kshamenk, and all the other captives. Will somebody please tell that story?

You'll find the most complete and beautifully produced telling of Lolita's story on Lolita - Slave to Entertainment, a brand new one-hour documentary, and see the unabridged version of Keiko's incredible journey to freedom.

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Free Lolita Update #59
January 23, 2003

Dear Friends of Lolita,

Excellent 1-hour documentary "Lolita - Slave to Entertainment"

Keiko segment on ABC's 20/20 Friday Jan. 24th

New awareness of why Lolita would easily make the transition to her home waters

Lolita - Slave to Entertainment
We've just had the deeply moving experience of watching Lolita: Slave to Entertainment, a one-hour documentary on Lolita's life story. This amazing work provides the reasons and prospects for getting her back home. There is new footage of her capture, interviews with those present at the time, and some great graphics to illustrate the event. Ric O'Barry tells her story in depth, Russ Rector dissects the marine park industry, Jerry Powers tells how he tried to convince Seaquarium owner Art Hertz to be a decent person, Ken Balcomb describes some of how it would be done, protesters give their particular insights, and yours truly gives some background on why it would work to bring her home. Valerie Silidker narrates beautifully and some of the best wild orca footage available gives a sense of what Lolita is missing, and what she could have again.

ABC 20/20 will be broadcasting a 12-minute Keiko Story this Friday night January 24th. It should be quite extensive coverage of the Keiko's journey and we are hopeful that it will be positive. You never know for sure though. It should include footage of Keiko in Norway and interviews with Colin and Toba in Norway, Paul Irwin, Paul Spong, Naomi Rose, and Dave Phillips.
20/20 is an hour-long show and we don't know when the Keiko segment starts, but the show begins at 10pm Eastern Standard; 10pm Pacific Standard, and 9PM Central.
Happy viewing.

Also, on Tuesday the 28th, Warner Bros. will release the 10th Anniversary DVD of Free Willy. Amazing how time flies when you're having fun. They will be doing press outreach and putting out information about the Keiko reintroduction effort.

Why Lolita would easily make the transition to her home waters.
So far, Seaquarium owner Arthur Hertz still refuses any offer or attempt to convince him Lolita should come home, and large revenues are still being generated to keep him in business. The USDA still refuses to enforce the letter or spirit of the Animal Welfare Act, and most of the scientific community still dodges the question of Lolita's capability to return home.

But some things have changed in the past six or seven years. Unexpected events have shown the immense capability possessed by orcas to master the challenge of life at sea, and the scientific community's understanding of the species has reached a new consensus on the nature of their highly evolved social lives.

It was only a year ago that two solitary baby orcas, Springer (A73) and Luna (L98) began to draw widespread attention. They have taught us a lot. Prior to a year ago, any knowledgeable person would have assumed that an orca younger than 5 or 6 years old would not have a chance of surviving alone at sea. Both Springer and Luna, it turned out, were sufficiently skilled to catch and eat their own food, even though Luna was first left alone at about 18 months of age, and Springer's mother died when she was only about a year old. This is an astounding demonstration of competence for mere infants, which truly rocks the scientific community, but it's a fact generally underplayed by media spokespeople and unnoticed.

Then this summer and fall we all watched as Keiko broke his bonds with humans and swam across the Atlantic, first in the company of orcas, then by himself into a Norwegian harbor. Yes, he sought out the company of humans, and yes, they are feeding him and keeping him company for the time being. But for 60 days he was out there, diving regularly to 40 meters, traveling 40-60 miles a day, and he arrived in Norway well fed. Keiko now has access to the sea, but often remains near his designated caretakers. Giving Keiko fish is done to maintain a relationship as well as to feed him, and it's given sporadically, so he'll never know when he may be fed again. In the next week or so, when wild whales follow the herring into Taknes Bay, Keiko will be fed less and will be led out to be among his kind. Keiko is in better physical shape than ever, which makes sense now that he has the entire ocean to play in.

Possibly the most prominent discovery that has come from Springer, Luna and Keiko, is that orcas are intensely social mammals. We have only to watch Luna, up in a remote bay on Vancouver Island, pestering any boater he can hold up, sometimes literally, to scratch and be scratched. He craves company, and since he can't be with his family, he'll take a human, almost any human. Springer was said to be fond of the Evergreen State ferry. She came to people in boats and played with driftwood like a child under their gaze. Yet, when reunited with her grandmother and cousins, she was given a quick refresher course on how to behave like an orca, complete with discipline, and she followed them. The rules apparently include not approaching people in boats.

For orcas, there is a strong need to be affiliated with family and community, and strong social reinforcement for appropriate behavior. This brings the story to recent scientific breakthroughs that give credence to the idea that Lolita, even after over 30 years in captivity, would thrive in her home waters and would probably rejoin her family after a period of readjustment. In 2001, a peer-reviewed paper was published in the prestigious British Journal of Behavioural and Brain Sciences, called Culture in Whales and Dolphins, by Luke Rendell and Hal Whitehead. The authors reviewed findings from field research worldwide on a variety of species of cetaceans, as well as the data from captive experiments on dolphin learning and language acquisition. Much of the data comes from the orca populations we see almost daily in Washington and BC waters.

The evidence is compelling. In the past dozen or so years, the natural history of the Southern Resident orca community has become well known in the Seattle area. Offspring of both genders stay with mom and family for life, with no migration in or out of the community (except for Luna). Each community has its own intricate vocabulary of calls, and each pod uses a variation of the basic call system. Virtually all behavior, from food choices to mating partners, is determined by cultural rules. In the words of Rendell and Whitehead, "the complex and stable vocal and behavioural cultures of sympatric [overlapping] groups of killer whales (Orcinus orca) appear to have no parallel outside humans, and represent an independent evolution of cultural faculties."

Orcas apparently know who they are, in terms of social identity, as well as we know who we are. Maybe better. This cultural identity dramatically enhances the whales' memories and skills, just as we may vividly recall what we learned at our grandmothers' knee. Keiko, for instance, used his family's calls during all those years in captivity, indicating he knows he's a whale from the North Atlantic, from a specific family and community. Springer always knew she was a Northern Resident community orca, and now that she's back with them, she's behaving accordingly. Luna no doubt knows who he is as well, and the implication is that Lolita still clearly remembers her life prior to her capture, at 5 or 6 years old, when she had been catching her own fish for years, and was undoubtedly fully enculturated into her society.

So we've learned a thing or two since the Lolita campaign began in 1995. With the tremendous attention to Springer, Luna and Keiko, plus the simmering controversy surrounding the NMFS decision not to list the Southern Residents under the ESA, our understanding of Lolita and her kind is growing rapidly. We continue to hope that Lolita will once again feel her home waters and rejoin her family.

Susan and Howard

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Free Lolita Update #58
December 9, 2002

Dear Friends of Lolita,

(Note: anti-spam programs make it impossible to send the words Fre* Lol*ta to a growing number of email addresses, so we're using the original name of the orca captured in Penn Cove in 1970 and sent to Miami for display in a marine park.)

• 3 New Orca Calves born to Tokitae's extended family in Puget Sound

  Keiko Update

  Help us help the whales by supporting Orca Network (New Free Lol*ta T-shirts now ready for shipping)

Dear Friends of Tokitae,

It's been over two months since our last Free Lol*ta Update, and we're happy to share the news that the Southern Resident orca community (Tokitae's extended family) has grown by three new babies in that time. Two new L pod calves and one in K pod bring the total in the intact community up to 82 from a precarious low of 78 in 2000. That's not counting L98 (Luna), the youngster who got left behind 18 months ago in a bay in British Columbia, or Lol*ta, who was intentionally stranded in concrete in Miami over 30 years ago.

Tokitae remains a prisoner of our beliefs. Since the Lol*ta project was first proposed in August, 1994 by Ken Balcomb, director of the Center for Whale Research, the prospects for Tokitae to make her way back to her home waters has depended on turning the tide of disbelief that it can't be done because she wouldn't survive reintroduction. Once that tide starts to turn, once journalists, political figures, writers and columnists, scientists and teachers and just plain folks begin to appreciate that even after long term captivity an orca can safely resume a life at sea, the political and economic chips will fall into place and it will soon be done. Although the evidence is mounting almost daily that Lolita could indeed return home safely, the required turnaround in beliefs has not yet occurred across mainstream America.

There is plenty of solid evidence that Tokitae and other captive orcas are capable of rejoining their families. For instance, we know that Tokitae can still catch fish from watching two very young calves who, in completely separate incidents, found themselves alone at about the age of one year. Never before in recorded history had an orca so young been discovered totally separated from its family, much less has there been two cases hundreds of miles apart at the same time. Prior to these events any respectable marine mammalogist would have assumed that a babe so young could not possibly survive on its own because it wouldn't be able to find and catch food. And yet we had A73 (Springer) from the Northern resident community, and L98 (Luna) from the Southern resident community, quite easily catching their fill of salmon on a daily basis. This means Lol*ta was quite competent to feed herself for about five years prior to her capture, and there is no reason to think she's lost the skill.

By the way, Springer was transported 400 miles to her home waters, where she successfully rejoined her family after a year's absence, even though her mother had been dead for over a year. After four days trailing along behind her pod, Springer was adopted by a teenage female and her younger brother, also orphans.

The clincher comes from Keiko, the movie star whale who's demolishing the myth of the habituated, dependent captive orca. The startling truth has so far only been whispered. Twenty-four years after he was wrapped in a net and stolen from his home and family as a mere yearling, Keiko, contrary to torrents of disbelief that still rage on, is a free whale.

Starting in mid-July he easily swam 1,000 miles across the stormy North Atlantic to a Norwegian fjord where he found some human company. Without a doubt he ran a personal best and is now in the best shape of his life by far.

Keiko may not have found his closest family just yet. Nobody has a clue how orca family systems work in the Atlantic and Keiko may need to look around, or even ask around for a while, before he'll meet up with close kin. Keiko's legendary friendliness is surely an asset, but it's been 24 years. Also, it takes time to rejoin the clan. Orca families are built on trust, love and loyalty, and as we learned from Springer, you have to show you mean it and wait to be welcomed before you get a warm embrace. For Tokitae, her family is seen almost daily in Washington waters for most of each year. Just last week they were spotted just a few miles from the home of Orca Network on Whidbey Island.

September 1 Keiko wandered into a Norwegian harbor and found some human folks to play with. You may have heard that Keiko was begging for food. He wasn't. His veterinarian for the past six years measured his waistline and found he hadn't lost an inch. Some excited and generous Norwegians tossed him some fish and he ate them. He wasn't begging, just enjoying some company. A young girl played the theme from Free Willy to Keiko on her harmonica and he seemed to love it. He wasn't begging then either. You may also have heard that Keiko has "imprinted" on humans. Not true either. Again, he was just enjoying some company for a while, until he joins up with his wild family again.

In early November a monitoring station was set up in a more isolated bay called Taknes, where fish are abundant and wild orcas will arrive soon. His choices are now his own. He still needs to build up his strength and stamina to keep up with his unfettered cousins, and it may take a little longer to gradually rejoin his clan, but he has shown that he is competent to take care of himself in the high seas and he's free to travel the ocean all he wishes from now on. Let the shouting begin. KEIKO IS FREE!!

Keiko's freedom is the template on which to base a release plan for Tokitae, except that Tokitae would not need a tank specially built for her she could go straight to a temporary pen in a bay. Nor would she need the drawn-out, meticulous "re-training" to be a wild whale, since we now know from the solitary calves and Keiko that those skills, and her identity as a member of her family and community, are never really forgotten. She deserves a chance to rejoin her family, but even if Tokitae decides to play every day in the ocean and return every day to be fed by her human caregivers, she will be home again. But before that can happen, enough people have to believe it can be done safely to turn the tide of opinion so Tokitae can go home.

With sincere thanks and appreciation for your interest in and support of Orca Network and the Free Tokitae Project - may your holidays be filled with peace and love,

Susan Berta & Howard Garrett

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Free Lolita Update #57
September 26, 2002

Dear Friends of Lolita,

The Seaquarium's recent attempt to block Keiko's progress toward freedom has generated much attention and opened the door for consideration of Lolita's situation. Norway has made it clear they are confident Keiko is doing quite well and they have no intention of allowing him to be captured (again). While interest in the Seaquarium's desperate gamble is high we felt it was time to begin the process of petitioning for Lolita's reintroduction to her home and family...

SEPTEMBER 26, 2002

HOWARD GARRETT
SUSAN BERTA
ORCA NETWORK
Phone 360-678-3451
cell 360-661-3739
info@orcanetwork.org
www.orcanetwork.org

ORCA NETWORK APPLIES FOR PERMIT TO RESCUE LOLITA

In view of the Miami Seaquarium's request for a permit from the National Marine Fisheries Service (NMFS) to "rescue" a free-ranging orca (Keiko) from his natural habitat despite an existing agreement with NMFS granting responsibility for Keiko to the Free Willy/Keiko Foundation (FWKF), a precedent has been set for Orca Network to request a permit from NMFS to rescue Tokitae (Lolita), the adult female orca now confined alone in an undersized concrete tank at the Miami Seaquarium.

Keiko has accomplished phenomenal achievements showing he is able to survive in the wild. He has demonstrated his capabilities by traveling more than 900 miles across the North Atlantic in six weeks while fully satisfying his nutritional needs by foraging on his own. In early September Keiko was in the coastal waters of Norway, interacting with people, accepting fish, and approaching boats. More recently he has been monitored and his activities managed by qualified personnel who call Keiko to follow them. In this way they have provided him with long distance endurance training in open water prior to opportunities to resume his efforts to rejoin his community of oceanic orcas.

With this evidence of the feasibility of returning a long term captive orca to its native habitat, Orca Network asks that NMFS grant a permit to scientifically reintroduce Tokitae to her natal waters in Washington State. Based on our expertise and experience, we conclude that Miami Seaquarium has lacked concern for the marine mammals in their care for over three decades. Specifically, by placing Tokitae in a tank that does not provide straight-line horizontal dimensions equal to twice her body length, at a depth in part only half her body length and in no part equal to her body length, we conclude that the Seaquarium has disregarded Tokitae’s essential need for sufficient space to move without obstructions. The Seaquarium has also disregarded Tokitae’s need for shelter from the hot Miami sun. She was born in deep ocean waters in a cool northwest climate, but for the past 32 years has been held in a shallow pool with no protection from year round direct sunlight.

As an organization dedicated to the care and well-being of orcas worldwide, Orca Network has an interest in Tokitae’s health. To that end, we offer to rescue Tokitae and ensure her survival. We will continue to monitor her plight in the Seaquarium tank and stand ready to assist in any way that is appropriate.

Upon NMFS’ acceptance of this request Orca Network will collaborate with reintroduction specialists to recruit professional marine mammal care staff, arrange logistical support and provide funding to prepare Tokitae, provide transport, establish a bay pen and initiate protocols for her rehabilitation to resume her life in her home waters with the option of rejoining her family and her community, L pod of the Southern Resident Orca community.

Keiko's heartwarming success in the face of almost overwhelming odds shows that Lolita's reintroduction will be a walk in the park by comparison. That explains why the Seaquarium is working so hard to prevent Keiko from enjoying his freedom.

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Free Lolita Update #56
September 22, 2002

Dear Friends of Lolita,

Below are more details about the Miami Seaquarium's offer to capture and "rescue" Keiko from freedom, including the Seaquarium's press release, and contact information for those of you who would like to write or call and keep this from happening! Also, we encourage you to support the Humane Society and the Free Willy/Keiko Foundation in their continued efforts at Keiko's reintroduction - go to: HSUS Keiko News.

And check out our website News Page for these articles and more on the Seaquarium vs. Keiko:

News


*
WHO TO CONTACT:

Gene Nitta, Director of Protected Resources, NMFS
email gene.nitta@noaa.gov
phone 301-713-2289 fax 301-713-0376.

Miami Seaquarium Arthur Hertz , owner
ahertz@msq.cc
phone 305-361-5705 fax 305-365-0075

Sen. Bob Graham of Florida has sent a letter to Norway requesting that Keiko be imported to
Miamai Seaquarium. His phone numbers are:
850--907-1100 813- 228-2476 305- 536-7293

Gov. Jeb Bush's email is: jeb@jeb.org

NORWAY ULTIMATELY MAKES THE FINAL DECISION:
Send a message directly to the government of Norway. Though they at this time support Keiko's reintroduction to the wild and say their policy is that whales should not be kept in captivity (the US could learn something from Norway!), we need to let them know how we feel about this.
at: The Norway Ministry of Environment message board
The Ministry of Fisheries can be reached via email:
postmottak@fid.dep.no
or phone: +47 22 24 90 90 or fax: +47 22 24 95 85.
*
AND THE STATEMENT FROM THE MIAMI SEAQUARIUM. It has been confirmed by NMFS that MSQ has requested permits to capture Keiko.
Maritza Arceo
Public Relations Manager
Miami Seaquarium
4400 Rickenbacker Cswy
Miami, FL 33149
(305) 365-2525 Office
(305) 365-0075 Fax
www.miamiseaquarium.com

Inquiries about Keiko:
You may have read or seen the recent news accounts concerning the now famous killer whale, Keiko, who gained fame appearing in the movie "Free Willy". If so, then you are no doubt aware of the difficulty and danger he faces as he tries to survive in the wild.

Based on our expertise and experience, Miami Seaquarium has long been concerned that after almost two decades under human care Keiko is not a good candidate for release.

Keiko is currently in the coastal waters of Norway, interacting with people, begging for fish, and approaching boats with propellers that could severely harm him. A video has also been aired of Keiko overturning a small, motorized boat. These activities and Keiko's likely continued interactions with humans in an uncontrolled setting pose serious safety and health risks for people and for Keiko.

As a facility dedicated to the care of marine mammals, Miami Seaquarium has an interest in the ongoing health and well being of Keiko. To that end, we have contacted appropriate authorities and offered to rescue Keiko and insure his survival. We will continue to monitor his plight in the waters off of Norway and stand ready to assist in any way that is appropriate.

LET'S KEEP KEIKO FREE!!

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Free Lolita Update #55
September 20, 2002

Dear Friends of Lolita,

We have good news and bad news for you today...

First, the bad news - some very disturbing news to report to you today regarding the Miami Seaquarium and Keiko:

Many thanks to Mark Berman of Earth Island Institute for getting us the word on this - here's the message from Mark:
*
THIS IS NO JOKE. MIAMI SEAQUARIUM HAS APPLIED TO THE NATIONAL MARINE FISHERIES SERVICE TO CAPTURE, IMPORT KEIKO , FOR PUBLIC DISPLAY!
THE APPLICATION WILL NOT REACH FED. REGISTER FOR A TIME, BUT WE NEED TO INSIST TO NMFS TO REJECT THE APPLICATION AND RETURN IT TO SEAQUARIUM.
WE NEED TO DEMAND FROM ARTHUR HERTZ HE IS MAKING A BIG MISTAKE HERE AND MUST WITHDRAW THE APPLICATION. I HAVE CALLED TWO MEDIA OUTLETS. SPREAD THIS FAR AND WIDE!
NORWAY STILL HAS STATED THAT KEIKO IS SAFE THERE, BUT WE NEED TO HIT HARD HERE IN THE US, AND ALSO ASK NORWAY TO NOT ALLOW ANY CAPTURE OR INTERFERENCE WITH KEIKO'S PROGRESS.
HERE ARE THE CONTACTS:
Gene Nitta, Director of Protected Resources, NMFS
email: gene.nitta@noaa.gov
phone: 301-713-2289 , fax: 301-713-0376.

Miami Seaquarium Arthur Hertz, owner
email: ahertz@msq.cc
phone: 305-361-5705 fax: 305-365-0075

You can also send a message directly to the government of Norway, to the Ministry of Environment.

The Ministry of Fisheries can be reached via email:
postmottak@fid.dep.no
or phone +47 22 24 90 90 or fax +47 22 24 95 85.

LET'S STOP THIS INSANE IDEA BEFORE IT GETS TO THE FED . REGISTER! WITH ENOUGH PRESSURE FROM WORLDWIDE WE SHOULD BE ABLE TO KEEP KEIKO FREE!! DO IT FOR KEIKO , THE OTHER POOR CAPTIVES, AND OURSELVES. THANK YOU,
MARK BERMAN
Earth Island Institute
*
All of you who have been following the Free Lolita campaign know what deplorable conditions she is living in at the Miami Seaquarium - to think that Hertz could be bold enough to now ask for another whale to share that tiny tank is preposterous! This would not only be a setback for Keiko, but would be putting him back in the same inhumane conditions he was rescued from in Mexico at the very beginning. This is a reflection of the fear the Marine Park Industry is feeling in the wake of Keiko's progress this summer - he is basically a free whale, and that sets a precedent the industry does not want to even think about.....
Howard and Susan
*
Second, a very belated update on Keiko's progress: (more below from HSUS & other news sources):
Keiko has traveled nearly 1000 miles from Iceland to Norway, arriving in fine shape! Unfortunately, he arrived in Norway alone, not with the orcas he had been traveling with. Therefore, when he entered a populated bay in Norway, and people went out to greet him, he sought their company in the absence of orca friends or family. But we see this as a minor setback, and HSUS will be moving him to a more isolated bay near an area frequented by orcas this time of year. He will remain free and unpenned, and will continue his reintroduction process. He has made amazing progress this summer! Many thanks to the Humane Society, the Free Willy/Keiko Foundation, and Earth Island Institute for their perseverance and hard work over the past eight years!
*
MORE INFO. ON KEIKO'S PROGRESS:
For full story go to: HUMANE SOCIETY UPDATE

"After 60 days at sea and traveling more than one thousand miles, Keiko is strong and does not appear to have lost any weight whatsoever," Cornell stated earlier this month. "There can no longer be any doubt that Keiko has foraged successfully." Cornell's statement echoes The HSUS view of Keiko's summer in the wild: The orca has made unprecedented progress. "By all accounts, Keiko has made phenomenal progress this year," said Dave Phillips, director of The Free Willy/Keiko Foundation. "He's proving he has the skills to be a wild whale, but it is critical that he not be encouraged to come to boats or people."
*
Team Prepares Winter Home for Keiko
By DOUG MELLGREN
OSLO, Norway -- Animal handlers for Keiko the killer whale are looking for a quiet place where the "Free Willy" movie star can spend the winter away from the fans who have swamped him with attention. "What we want is a place with more killer whales, less people and a local community that is supportive," David Phillips, part of Keiko's team, said Thursday........

Phillips, a marine biologist, said the area has plenty of fish and nearly 600 killer whales, which would allow Keiko contact with his own kind. He said a decision was expected next week at the earliest. If moved, Keiko would be led by a boat, Phillips said. He said the orca is in excellent health. Phillips said they still hope Keiko, who was captured near Iceland in 1979, will one day "choose the whales over the people," despite the setback of him seeking, and getting, human companionship Norway.
*
Keiko's Veterinarian Proclaims Him To Be Thriving

Nearly 60 days after the orca whale Keiko left his sea pen in Iceland this summer as part of a historic and unprecedented effort to reintroduce him to the wild, visual observations made in Norwegian waters confirm that he is in excellent health. During the past three days, Keiko Project staff obtained close-range photos and video documenting Keiko's physical condition. ......

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Free Lolita Update #54
August 2, 2002

Dear Friends of Lolita,

The news clips are coming in fast these days...

~ For those of you in the Pacific Northwest, Lolita will be on the news tonight at 10 PM on Q13 News, Channel 13. We did a standup interview at the Capt. Whidbey Inn, the site of Lolita's capture in 1970.

~ The USDA says they have discretion to change the space requirements for orcas in captivity, and that if they are petitioned to do so, they will "respond accordingly." Although the formal comment period ended July 29, there is still a window open to let our opinions be heard. You can call Jim Rogers, USDA Public Affairs office, at 301-734-8563 to voice your judgement about how long, how wide and how deep any tank holding an orca should be. Currently the minimum depth is only 12 feet! Now is the time to use our communication skills, our political connections, and our deep feelings to act for Lolita. Your phone call could help arrange Lolita's ticket home.

~ The Captain Whidbey Inn will also be the site of a Commemorative Event to mark the anniversary of Lolita's capture. You are invited to join us Thursday, August 8, 2002, 5 - 8 p.m. at the Captain Whidbey Inn, Coupeville - Whidbey Island, WA.

~ The Animal Rights Foundation of Florida will be holding a demonstration at the Seaquarium also on August 8, from Noon to 2 PM. in 70's attire to symbolize how nothing has improved in Lolita s ill-fated life since her kidnap decades ago. If you can be in Miami, get out your bellbottoms and tie-dyed shirts or stop by your local thrift store or costume shop for plenty of reasonably-priced 70's apparel to sport outside the Seaquarium!

And in a related story...

Gates buys stake in Six Flags Inc. (owner of many captive dolphins and Shouka, the young female orca recently shipped to Ohio from France.)

August 2, 2002
The investment fund of Bill Gates, chairman of Redmond software maker Microsoft Corp., reported acquiring an 8.6 percent stake in Six Flags Inc. with about 8 million shares of the No. 2 amusement park operator. Cascade Investment LLC of Kirkland reported holding 7.4 million Six Flags common shares plus securities convertible into 599,520 more shares in a filing with the Securities and Exchange Commission. The investment in a recreational business is a departure for Gates. His fund, valued at $2.1 billion on March 31, is clustered in media, telecommunications, utilities, waste haulers, transportation and drugmakers.

~ Meanwhile...Argentina's whale won't be sent to Six Flags

August 2, 2002 (Whale and Dolphin Conservation Society) After months of campaigning, environmentalists in Argentina, the US and the UK can finally breathe a sigh of relief. The Wild Earth Foundation of Argentina, Earth Island Insititute of San Francisco and WDCS, the Whale and Dolphin Conservation Society (three of the groups which have played an active role in the campaign), can confirm that a male orca (killer whale) known as 'Kshamenk', who is currently held in captivity at the Mundo Marino aquarium in Buenos Aires, Argentina, will not be exported to the US for public display

This whale was supposed to go to Six Flags of Ohio, but the Argentine CITES (Committee on International Trade in Endangered Species) denied the export permit because Kshamenk was captured under "questionable" circumstances (aren't they all?) and there was no clear ownership of the orca. NMFS had already issued a permit, a bit prematurely, since they are supposed to make sure the exporting country agrees first. So Bill has a little scandal on his hands already.

~Finally, some of you asked for a picture of the new Free Lolita T-shirt. You can find the fishbowl design, created by JaD Cousteau, at . Many thanks to JaD for creating and donating the artwork. ~~~~~~~~~~~

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Free Lolita Update #53
July 26, 2002

Dear Friends of Lolita,

~"Springer" the orphan orca now back home to Canada, joins with maternal female, also an orphan

~32nd Anniversary of Lolita's capture is August 8th - join us for an event on Penn Cove, Whidbey Island, WA where she was captured, or in Miami for a demonstration at the Seaquarium

~Baltimore Sun article on Lolita 7/17

~Keiko Update from Ocean Futures - Keiko is swimming with other orcas in Iceland, looking for his family

~NEW! Many Thanks to JaD Cousteau for our beautiful new Free Lolita logo! It's now available on Free Lolita T-shirts, bumper stickers, and more - see below for details
~~~~~~~~~~

SPRINGER:

Springer (A73), the orphan orca calf who lived in Puget Sound since January has been home free for twelve days now, building trust with her family while she builds her stamina. She was among her family last week and again Tuesday evening for a couple of hours at the Rubbing Rocks in Johnstone Strait to rub on the smooth cobblestones. The northern pods seem to make a ritual of it as they take turns streaming down along their bellies and backs on the rocks 15' to 20' below the surface. For Springer to be included shows she's being accepted back into the fold. Thursday she spent some time with two other orphans from her extended family, A51 & A61. Springer may one day be a healthy adult female who will give birth to calves of her own in the next few decades, and in a precarious population of around 200, her contribution could be significant.

In addition, Springer's new closeness with whales outside her maternal family indicates that it isn't absolutely essential for her actual mother, who died, or even her grandmother, who doesn't seem involved, to rebond with her in order to be accepted by other members of her extended family. This gives new optimism for the reintroduction of Lolita and for Keiko, whose mothers may or may not still be alive, and for Corky of the Northern Resident Community.

Springer's homecoming is also a heartwarming story of a lonely orphan starving for companionship who struggled to make it on her own far from home. A caring effort by humans gave her a ride home, where she ecstatically greeted her pod, tentatively approached them, then joined in their ceremonial dance and traveled with other orphans. Even ABC's Peter Jennings was visibly moved.

Lolita should be given the same chance. The fact that both Springer and L98 (Luna) have been able to catch fish with apparent ease at less than two years of age shows that Lolita was catching her own food for at least four years prior to capture. Now Springer has shown that after a year's absence she is still a member in good standing of her extended family. Lolita could also rejoin her family after a gradual period of rebuilding her stamina and regaining the familiarity and trust she once knew with them.
~~~~~~~~~~~

August 8th events commemorate Lolita's 1970 Penn Cove orca capture:

Miami, Florida - join the Animal Rights Foundation of Florida for a demonstration in front of the Miami Seaquarium at noon, August 8th, to ask for Lolita's freedom. Contact ARFF at (954) 917-2733 or arffmain@aol.com for more information.

In Washington, join Orca Network, Whidbey Island, WA for a Lolita Come Home! Event on Penn Cove, the site of the 1970 orca capture, 5 - 8 pm at the Captain Whidbey Inn, Coupeville, Whidbey Island. Included will be special guest speakers, a waterside ceremony, music, gourmet appetizers and desserts, no-host bar, silent auction, and educational displays.
Event admission is $15. For more information, contact Orca Network at (360) 678-3451 or susan@orcanetwork.org
~~~~~~~~~~

'Free Lolita' real-life drama
Orca: Activists in Washington state want to return a popular performing killer whale from the Miami Seaquarium to her natural home in Puget Sound.
By Greg Tasker
greg.tasker@baltsun.com

July 17, 2002 - Baltimore Sun
EVERETT, Wash. -- Three decades ago, hunters dropped nets into the deep, blue waters of Puget Sound and rounded up seven orcas, including a 6-year-old female calf caught off the rugged coastline of the San Juan Islands.

Like other orcas, or killer whales, captured in Puget Sound in the mid-1960s and early 1970s, the killer whales were sold and shipped to marine parks around the world. The female calf -- who became known as Lolita -- ended up at the Miami Seaquarium, where she still lives and today is the focal point of a grass-roots campaign to return her to the wilds of the Pacific Northwest.

The little-known story of Lolita, the oldest orca in captivity, reaches new ears every summer as the whale-watching season begins in earnest and naturalists such as Cindy Hansen share the curious tale of the 37-year-old orca with the throngs of seafaring tourists.

"Unfortunately, Lolita's not a movie star like Keiko," says Howard Garrett, president of the Orca Network, an organization founded in the mid-1990s on Lolita's behalf. "In terms of relocation and reintroduction, Lolita's situation would be absolutely simple in comparison to Keiko's."

~~~~~~~~~~~

July 2002:

Keiko again swimming in the wild near whales!

Ocean Futures Keiko Update

Keiko started the summer reintroduction program picking up exactly where he left off last summer.
On July 6, team members attached Keiko's new satellite and VHF tags to his dorsal fin. Immediately afterward, Keiko was taken out for his first walk of the season to complete a "shakedown" of the VHF tracking system, the satellite positioning system and the communications equipment.
Throughout Sunday evening, July 7, Keiko swam near the whales, sometimes as close as fifty meters and often within two hundred and fifty meters. Just as he had in August of 2001, Keiko showed no fear of the whales. The whales were swimming through the area and a number of groups came close to Daniel, swimming by Keiko while he circled the area.
What is amazing is that Keiko seems to start each season exactly where he leaves off from the last, without regressing in his approaches to interactions in any way. Wild whales are in the area for only two and a half months per year.
~~~~~~~~~~~

Now Available - hot off the press!
Orca Network has beautiful new Free Lolita T-shirts and bumper stickers for sale, thanks to JaD Cousteau's wonderful "Toki in a fishbowl" design!
T-shirts are 100% cotton, white with multi-color Free Lolita logo, and sell for $20. Sizes are Small, Medium, Large and Xtra-Large.
Bumper stickers with color Free Lolita logo sell for $5.
Also available: natural canvas tote bags with our Orca Network logo, $20.
Orca-Stra CD's - calls of the Southern Resident orcas, $20
Orcas in our Midst booklet by Howard Garrett, $5
*all prices include tax & shipping
All proceeds support Orca Network's Lolita and educational programs.

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Free Lolita Update #52 – ACT NOW to help Lolita
July 9, 2002

Dear Friends of Lolita,

It's not often that we each have a chance to do something to help bring Lolita home. Between now and July 29 we have an opportunity to act.

The Animal and Plant Health Inspection Service (APHIS), under the USDA, served notice May 30 in the Federal Register of proposed rule changes concerning the minimum space requirements for captive marine mammals. APHIS is soliciting comments regarding changes or additions to the present standards. APHIS will consider all comments that are postmarked, delivered, or e-mailed by July 29, 2002.

You'll find a sample letter to send to APHIS at the end of this message. Please feel free to edit the letter before sending.

This revision of APHIS regulations could change the rules that presently allow the Miami Seaquarium to confine Lolita to the grossly inadequate tank she is presently kept in.

APHIS says about Lolita's pool (July 21, 1999) "The minimum horizontal dimension required is 48 feet, and the pool measures 80 feet by 60 feet. While there is a platform in this pool that does intersect with the required minimum horizontal dimension, there is nothing in the regulations that prohibits such an object from being in the pool. More importantly, the platform does not hinder Lolita's ability to move about freely in a pool that, otherwise, far exceeds the minimum requirements established by the Animal Welfare Act (AWA) regulations."

Actually, the 60 feet measurement does not exist. The "platform" is a 45 foot long wall and slideout that intersects the pool, creating two pools joined on the sides by gates 10' wide and 12' deep. The main pool is therefore 80' by only 34' by 20' deep in the middle (the sides are sloped), and the back pool is 26' by 42' by 12' deep. Neither pool meets the minimum horizontal dimension of 48 feet required by AWA standards, but by stretching the tape measure over the wall the USDA adds the two pools together to arrive at 60', which is the combined length of the two pools minus the width of the platform. Remember that Lolita is at least 22' feet long.

The Animal Welfare Act does not specifically say that a wall that intersects the pool is to be taken into account when defining the pool, so the Seaquarium has used this gray area to justify its undersized tank, and APHIS allows the sleight of hand in order to grant the Seaquarium a permit to keep Lolita in an obsolete and inadequate tank.

If the rules are changed so that even by APHIS' wink-and-nod method of measurement the present whale tank at the Seaquarium is deemed unambiguously substandard, then the Seaquarium will no longer be able to use the tank and Lolita will need to be moved.

Though the Seaquarium has repeatedly told the USDA for 25 years that they intend to build a new, larger tank, they told the media in January this year that due to reduced tourism in South Florida ("Tourism is down sharply across the state" -Miami Herald, July 6, 2002) they didn't have sufficient revenues to build a new tank. In addition, since captive orcas are dying faster than they are being born, and further captures worldwide have been blocked by effective political resistance, there is virtually no possibility that any orca will come on the market in the foreseeable future. Therefore any investment in a new tank (the Seaquarium estimates the cost to be around $17 million) would be worthless as soon as Lolita, for whatever reason, can no longer be used to draw customers.

Please send your comments to APHIS by July 29.

APHIS also asks if you have any other specific concerns or recommendations for minimum pool widths, depths or straight-line swimming distances. Please express your concerns.

You may submit comments by e-mail or by postal mail/commercial delivery. If you use e-mail, address your comment to regulations@aphis.usda.gov. Your comment must be contained in the body of your message; do not send attached files. You must include your name and address in your message and "Docket No. 93-076-17" on the subject line.

FOR FURTHER INFORMATION CONTACT Dr. Barbara Kohn, Senior Staff Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, MD 20737-1228; (301) 734-7833.

APHIS asks:

What components should we consider when determining space requirements for each species (e.g., surface area, volume, length, width, depth)?

Should APHIS establish minimum depths for each species? If so, what should these depths be? Please submit any supporting scientific data for each species.

Which is more important, minimum width or longest straight-line swimming distance? Should APHIS require any specific straight-line swimming distance?

Do you have any other specific concerns or recommendations for the above sections?

SAMPLE EMAIL LETTER

To regulations@aphis.usda.gov

Subject Docket No. 93-076-17

Dear APHIS

Thank you for soliciting comments on the proposed rule changes concerning the minimum space requirements for marine mammals. I am especially interested in the welfare of killer whales in captivity. Orca survival is significantly reduced by captivity. According to Small and DeMaster (1995a) "...survival of the wild population was significantly higher than estimates for non-calf captive killer whales." Thus it is the duty of APHIS to formulate improved standards that provide at least a semblance of viable housing for captive orcas, even if financial costs create some hardship for marine parks holding them for display. It is the mandate of the Animal Welfare Act to attempt to mitigate this high mortality rate.

At 48 feet, the minimum horizontal dimension is woefully deficient for an orca. The Orca Network Sightings Network tracks the movements of the Southern Resident orca community in Washington State and British Columbia. Each member of this population routinely travels 75 to 100 miles in every 24-hour period. This range of travel is believed typical for the species. An orcas' metabolic and cardio-vascular systems are designed for this level of physical exertion.

One mile is 5280 feet, and yet the minimum width of an orca tank as presently required by the AWA is only 48 feet. Clearly that width must be increased. Confinement in a tank that does not allow a swimming speed of 4-6 knots for sustained periods is likely to reduce the animal's overall strength and stamina, leading to immunodefiency and ultimately an early death. Therefore I strongly believe that regulatory standards regarding minimum width should be increased to allow unimpeded rapid swimming for long periods of time, if only in a circular motion. I recommend a minimum horizontal width of 300 feet for any tank holding an orca. If that is unattainable, the minimum straight-line swimming distance should be set at 300 feet.

Regarding pool depth, according to Robin W. Baird, Lawrence M. Dill and M. Bradley Hanson (World Marine Mammal Science Conference, Monaco, January 1998) "Like all cetaceans, killer whales spend the vast majority of their time beneath the water's surface...All "resident" killer whales spent the vast majority of their time (>70%) in the upper 20 m of the water column, where salmon (thought to be their primary prey) are concentrated. However, ... all "residents" dove occasionally to 100 m or more (maximum recorded dive depth of 201 m)."

It is clear that orcas normally stay tens of meters beneath the surface, and often dive hundreds of meters deep. Thus I recommend that minimum pool depths be set to at least 60 feet.

Thank you,

[your name]
[your address] ***

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Free Lolita Update #51 – 4th Annual Mother's Day Demonstration
May 14, 2002

Dear Friends of Lolita,

May 14, 2002

The obsolete abusement park Miami Seaquarium was rocked once again Sunday. The fourth annual Mother's Day demonstration succeeded in letting Miami know that there is a better alternative for Lolita than incarceration in concrete. Orca Network, The Animal Rights Foundation of Florida (ARFF), and the World Society for the Protection of Animals (WSPA) in the person of Ric O'Barry, altogether around 30 demonstrators, carried banners for two hours in front of the Seaquarium.

At the same time, two members of ARFF went into the whale show, and at the quietest moment of the show just before Lolita screams out loud on cue, they displayed their Free Lolita shirts and began educating onlookers about Lolita's ability to return home to rejoin her family. One of the two educators, Tim Gorski, was roughed up, his arm sprained and bruised as he was pushed down stairs. A complaint was filed with the County police and legal help has been contacted. The Seaquarium general manager, Andrew Hertz (son of owner Arthur Hertz) paid a visit to at least one TV station in an unsuccessful attempt to view ARFF's videotape of the incident that led to the police report. Stay tuned. Click here for Seaquarium ejects 'Free Lolita' couple, the Miami Herald story, filled with Seaquarium misinformation. While we didn't go into the Seaquarium to visit Tokitae (Lolita) on this trip, we received reports from friends who did go in to check on Toki on Saturday. Reports were that she looked bored and withdrawn, and the most surprising news is that 3 of the 4 Pacific White-Sided dolphins that used to share her tank are now missing. So it appears that 3 dolphins have died, leaving only one dolphin & Toki in the tiny tank under the hot Miami sun. For more info. & photos on our Mother's Day Demonstration at the Seaquarium, as well as a new action alert about planned orca captures off Russia and news about Springer, the young orca in the Vashon ferry lane, check out our website. Thanks to all who attended, wrote letters or offered their support - this is a long & continuing struggle, but an important one!

Regards,

Howard Garrett
Susan Berta
###