Billy Adam of Keep Dolphins Free in the Cayman Islands

Dr Alfred Benjamin Chair of the Animal Welfare Committee

The anti-captive dolphin stand taken by the Cayman Islands Tourism Association (CITA) will be studied by Government, Tourism and Environment Minister Hon Charles Clifford disclosed recently. CITA members polled in an email survey voted to oppose dolphinariums, which were approved by the Government.

The survey revealed that 74 percent of respondents voted against the introduction of the dolphin theme parks. Two companies have started building swim-with-dolphin facilities in West Bay, while a third is reported to be underway. Mr Clifford said his administration would factor in CITA’s position while it examines the country’s policy for the future.

Speaking at a Media Briefing by Cabinet Members on Thursday 16 March, Mr Clifford said: “I had read about the results of survey on the flight over.” He said Government would meet shortly to review the situation after the tourism body rejected captive dolphins in Cayman. Although, the Minister’s comments gave hope of a reversal of the already approved facilities, he said some things would be left untouched.

“It is important to understand that for anyone interested in providing dolphin entertainment facilities – who has satisfied Planning Department requirements and all other regulatory demands – there are no further impediments to their operation,” he said. “Even if we decide that it is not something we want for Cayman, we need to put legislation in place for this. However, the legislation cannot apply retroactively.”

Mr Clifford said it is an accepted principle at common law that legislation will not apply or operate retrospectively unless expressly provided for in the legislation. He explained that if it were otherwise people could be exposed to liability without, at the material time, breaking the law.

“CITA’s opinion will factor in to our decision,” the Minister said. Meanwhile, an animal advisory body said it has invited two sides of the hotly debated dolphin issue to make presentations to it as an information gathering exercise.

The Animal Welfare Advisory Committee (AWAC) said without captive dolphins on the Island it had no jurisdiction on the matter, but would listen to both parties. The body, which is chaired by Dr Alfred Benjamin, said a proactive stance was necessary for building a knowledge base on the subject.

According to the AWAC officials, the information would be relevant to its operations when the animals arrive here in the summer. Keep Dolphins Free in the Cayman Islands, headed by environmentalist Billy Adam, has been protesting the decision to give licences to three dolphinariums in West Bay.

The AWAC said it has taken up an offer from Mr Adam to present a detailed account on the anti-captive dolphin campaign. “The chairman has agreed, on behalf of the committee, to hear a presentation from his group on welfare issues as they relate to the keeping of captive dolphins.”

The chairman also invited observers from the companies with permits to import dolphins into the Cayman Islands to attend the presentation. Meanwhile, the AWAC has been functioning in the past several months in accordance with its mandate as set out in the Animals Law (2003 Revision).

On the January 31st 2006, Minister for Agriculture, Hon Kurt Tibbetts reappointed the six-member committee. Chief Agricultural and Veterinary Officer, Dr Alfred Benjamin, retained his post as Chairman. Carolyn Parker of the Cayman Humane Society, Mary McTaggart of the Cayman Horse Association and the Agricultural Society’s Alvin McLaughlin are part of the committee. Michael Caputo of the Royal Cayman Islands Police Service and member of the public, Dr Joseph Jackman, who has demonstrated an interest in animal welfare, are also part of the group.

The AWAC’s role includes advising the ministry on the policy matters relating to the care of animals, educating the public on the care of animals, and making recommendations. Following the establishment of its goals, objectives and operational procedures, it has plans to create guidelines for keeping and caring various classes of animals in the Islands.