Saying it faces ongoing cash problems in bankruptcy, the new managers of the Miami Seaquarium want the legal authority to quickly sell hundreds of marine mammals without requiring court approval for each sale, which could involve closing many parks.
A former trainer at the Seaquarium says she’s worried sales would involve animal transfers, stressing that safely moving animals is a tricky business — and that the current court process lacks an advocate for dolphins, sea lions, and seals.
“The judge needs to do his or her due diligence, ” said Shanna Simpson, a former Seaquarium trainer. “You have to have very experienced people doing these because, you know, they can be very stressful for the animals if they’re not done right. She explained that when she has been involved in transports, animals need a specialized team.
“There’s just so many things that could go wrong,” she said
READ MORE: Former Seaquarium CEO accused of diverting funds in bankruptcy case
U.S. Bankruptcy Court Judge Laurie Selber Silverstein last week authorized two firms to start the sales process. The current owners said sales of animals could start in a few weeks or months, either as property sales — or in cases where a park is profitable — as a going concern. In court pleadings, the new owners insist animal safety is paramount, but they have revealed no details about the plans for animal moves.
“It is in the best interests of the debtors’ stakeholders to promptly sell the miscellaneous assets without the need for further notice, motions, hearings and subsequent court approval,” the motion reads.
The filing said there are 295 dolphins, 51 sea lions, 18 manatees, and 18 seals, which it termed “miscellaneous assets” spread across the 30 properties operating under the Dolphin Company brand.
“Certain animals are located at parks that may be closed as the debtors pursue a sale of their businesses. The safety and humane treatment of these animals is paramount, and the cost of caring for such animals is exceedingly high while the debtors’ liquidity remains constrained,” the filing said.
The new owners proposed a procedure that would allow bankruptcy case participants to object to any animal sale, but if no objection is received within a short deadline, the asset transaction would go forward.
The fact that court papers are calling the dolphins and other mammals “assets” angered Simpson.
“These are real, live animals that have impacted millions of people in Miami-Dade,” she said.
Miami-Dade County is a participant in the case because it owns the Virginia Key parcel that the Seaquarium has occupied since the 1960s. Miami-Dade County is trying to evict the operation, citing breaches of its lease and animal welfare violations. The eviction is on hold because of the bankruptcy.
A hearing is set for July 23 on the animal sale motion, but before then, Judge Silverstein is to get an update Monday on her previous orders involving Eduardo Albor, the former Dolphin Co. CEO who has been fighting his ouster.
The judge issued civil sanctions of $10,000 per day, finding Albor was in contempt for continuing to file motions in Mexican courts. There has been no response from Albor, but his Miami lawyers filed motions to exit the case in Delaware.
Lenders, meanwhile, injected an additional $10 million into the transitional company to help it emerge from bankruptcy, but warned they cannot do so indefinitely without getting full access to the worldwide company’s cash streams. They have accused Albor of diverting funds from more lucrative Mexican attractions and trying to run out the clock.
Miami-Dade Commissioner Raquel Regalado was chosen by her colleagues last week to help represent the County’s interest in the case, but said it will likely fall to the USDA, which regulates animal parks, to ensure safety.
“We don’t own the animals,” she said, “We can only get informed if they are in bad health.”
Regalado said she is meeting with the new management team this week to learn more about the sales process.
Simpson, the animal trainer, said she hopes government officials will take a more proactive role in protecting the animals she spent years working with.
“These are some of the most intelligent animals on the planet,” she said. “It’s like a gigantic soap opera that nobody wants to be a part of.”
This story was originally published in the Key Biscayne Independent, a WLRN News partner.
