Dolphin Bay Phuket's Violation of Thailand Criminal Code

  • by: Bruce H Crocker
  • recipient: The Prime Minister of Thailand, General Prayuth Chan-ocha and Governor of Thailand, Yuthasak Supasorn

5 Bottlenose dolphins, average size of 2.5 metres in length, are at this very moment, being subjected to physical and mental torture at this dolphinarium. The circular steel tank in which they are being incarcerated is just over 20 metres in diameter and less than 4 metres in depth and this incarceration will continue for as long as the owners are allowed to continue to operate..
Bottlenose dolphins have a very complex high intelligence, an awareness of self and others in the world equal to the human; a highly developed family and social structure that is the equal to that of the human and may even be greater; they have communication and language skills that recently have been shown to be even more highly evolved than the human in that they transmit and received their communications in the form of 3-dimensional photographic images of what they are seeing or thinking and can receive and transmit those photographic thoughts to others, from and to, distances of over 20 kilometres! Whether wild captured or captive born, their genetic instinct calls for them to be able to socialize, communicate, forage and hunt for their live prey in company with their close-knit family members...and all of this done while travelling up to 100 kilometres a day, leaping, diving and "porpoising at speeds of up to 25 kmh!! They normally will stay underwater around 80 percent of the time, and spend only approx. 20 percent at the surface! In captivity, this is reversed, due to boredome and seeking the dead fish which is their only source of nutrition and is tossed to them as though they were beggars!!
Crammed into that tiny circular tank, a tank bereft of any ability to provide either mental or physical exercise, their only fate is to become increasingly despondent and lethargic as the weeks stretch into months and the months into years....it is no wonder that these amazingly intelligent, curious, active animals die at a prematurely young age, some of them as a result of suicide!!
In December of 2014, Thailand's progressive legislators signed into law the 'Prevention of Cruelty to Animals and Provision for Animal Welfare Act, 2014'. Under that Act, it was made a crime for anyone to cause certain animals pain and suffering. The dolphin, as an animal kept for entertainment purposes, is one of the protected animals and thus, to cause the dolphin physical and/or mental suffering is a crime!! A crime for which the violator may be imprisoned for a period not exceeding two years and/or fined 40,000 Baht.
Please, ask the Governor of Thailand to rescind the approvals that were given for this totally inadequate and cruelly oppressive housing or to convene an open and public enquiry, with permission being given for, both those opposed to the Dolphin Bay Phuket dolphinarium and those in favour,  to produce as expert witnesses, accredited 'Dolphin Experts", this enquiry to be conducted for the purpose of obtaining a legal opinion as to whether a violation of Thailand law is indeed taking place!   We firmly believe that the approvals had to have been granted through an oversight or misunderstanding of that Act which was clearly intended to prevent just such suffering AND that Thailand has no wish to be a party to a violation of one of its own enacted laws!!

Mr. Prime Minister of Thailand, General Prayuth Chan-ocha                           and                                                                                                                   Governor of Thailand, Mr.Yuthasak Supasorn                                       


On December 27th 2014, Thailand’s legislature passed into law the very progressive “Prevention of Cruelty to Animals and Provision of Animal Welfare Act, 2014.  It was a huge landmark in Thailand’s history, and one which caused the World to take notice and accept that Thailand was serious about the welfare of its animal population.    Less than 6 weeks ago, for reasons that remain obscure to both Thai and non-Thai citizens alike, approval was given for the importation of 5 Bottlenose dolphins and 2 Southern Fur seals and subsequent housing in what we contend,  is a woefully inadequate circular steel tank!!  We believe that this approval has paved the way for Thailand to be seen by the world as,  not only not being serious about protecting its animal population, but to actually have “aided and abetted”  in a violation of its own law!!  As loyal citizens, ex-pat residents  of Thailand, or simply visitors to this beautiful country, we are dismayed at the number of comments which we hear from abroad which indicate that this is the case, and wish to be able to provide clear evidence to refute such negative opinion!   


The undersigned, therefore, respectfully ask that you give consideration to our request for the closure of the Dolphin Bay Phuket dolphinarium and that the animals which are incarcerated in that place, be relocated to a place and lifestyle where they will not be subjected to the infliction of the egregious physical and mental suffering to which they are being subjected at this very moment. 


You may well feel that a public enquiry is required in order that you may make a fair and studied decision as to our contention that the animals are being subjected to a serious and ongoing infliction of physical and mental suffering.  We would gladly support that position as a most sensible and reasonable one to be taken and would only ask that we be allowed to present testimony from accredited experts in dolphin behavior and the minimum requirements for the animal to live without physical and/or mental suffering.


With deepest  and most sincere respect,


Signed

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