Gwen Myers Affidavit

Case 1:24-cv-21477-JB Document 14-1 Entered on FLSD Docket 05/09/2024 Page 1 of 75
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
CIVIL DIVISION
CASE NO.24-CV-21477-JB
MS LEISURE CORPORATION, a
Florida Corporation
Plaintiff,
v.
MIAMI-DADE COUNTY, a
political subdivision of the State of Florida
Defendant.
_______________________________________/
DECLARATION OF DR. GWEN MYERS IN SUPPORT OF MIAMI DADE

COUNTY’S RESPONSE IN OPPOSITION TO PLAINTIFF’S MOTION FOR
TEMPORARY RESTRAINING ORDER
DECLARATION OF DR. GWEN MYERS
Pursuant to 28 U.S.C. § 1746, I Gwen Myers, declare under penalty of perjury as follows:
1. My name is Gwen Myers. I am over the age of eighteen and in all respects
competent and qualified to make this Declaration.
2. I am employed by the Miami-Dade County at Zoo Miami as the Chief of Animal
Health and have been employed continually by Miami-Dade County for 9 years.
3. I received my Doctorate in Veterinary Medicine from the Virgina-Maryland
College of Veterinary Medicine in 1999.
4. In my role at Zoo Miami, I oversee the care and welfare of a large range of animals
including amphibians, fish, birds, reptiles, and mammals.
5. Zoo Miami currently cares for over 3000 animals, many of which are covered by
OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
TELEPHONE 305.375.5151
the Endangered Species Act.
6. Zoo Miami has many of the same or similar species covered by the Endangered
Species Act that are currently housed at the Seaquarium.
7. As part of my duties at Zoo Miami, I am familiar with the Animal Welfare Act and
the regulations imposed on zoos and aquariums.
8. The County currently holds a license that allows them to possess animals covered
by the Endangered Species Act.
9. The County currently holds a license that allows them to possess animals under the
Migratory Bird Treaty Act.

10. Zoo Miami holds accreditation from the Association of Zoos and Aquariums, the
gold standard for zoos and aquariums operating in the United States.
11. I have visited Seaquarium on the following dates:
a. February 22, 2024
b. March 5, 2024
c. March 27, 2024
d. April 15, 2024
12. During my visits to the Seaquarium I witnessed:
a. Animals in distress
b. Lack of adequate veterinary staffing
c. Lack of essential veterinary equipment
d. Poor water quality
e. Sick and/or injured animals
f. Animals without sufficient needs e.g. parrot without water
g. Extremely high numbers of invasive species such as iguanas
h. Seaquarium staff supporting and condoning feral cats
i. Poor sanitation and mold in enclosures
j. Peeling paint within animal holding spaces
k. Large amount of rust within animal holding spaces
l. Evidence of animal access to unsafe structures and potential foreign body ingestion. For
example, zip ties at Dolphin Harbor and submerged boardwalk with nails at the Flipper
Stadium
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13. I have reviewed the United States Department of Agriculture Inspection Reports to
Seaquarium evidencing the Seaquarium’s lack of compliance with the Animal Welfare Act.
Inspection Reports Attached as Composite Exhibit A hereto.
a. July 6, 2022 Inspection Report
b. October 16, 2023 Inspection Report
c. April 11, 2023 Inspection Report
d. July 17, 2023 Inspection Report
e. November 2, 2023 Inspection Report
f. November 28, 2023 Inspection Report
g. January 9, 2024 Inspection Report
h. January 12, 2024 Inspection Report
i. January 30, 2024 Inspection Report
j. March 5, 2024 Inspection Report
14. The findings in the Inspection Reports are consistent with my observations during my
inspections of the facility.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on this 9th day of May, 2024.
GWEN MYERS, DVM
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Exhibit to Declaration of Gwen Myers, D.V.M.

Tab Exhibit Description
A Composite Exhibit A USDA Reports
Page | 4
COMPOSITE
EXHIBIT A
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USDA United States Department of Agriculture EGONZALEZ
) Animal and Plant Health Inspection Service INS-0000814970
Inspection Report
MS Leisure Company, Inc. Customer ID: 6011009

9600 N. Oceanshore Boulevard Certificate: 58-C-1252
St Augustine, FL 32080
Site: 001
Miami Seaquarium
Type: FOCUSED INSPECTION

Date: 06-JUL-2022
2.40(a)(2) Critical
Attending veterinarian and adequate veterinary care (dealers and exhibitors).
The Assistant Director of Animal Training (ADAT) consulted with corporate trainers and the Animal Care Specialists
Manager (ACSM) to decrease the diets for 9 out of 12 dolphins at Dolphin Harbor and did not consult the attending
veterinarian of the facility. This was a 60% cut to the dolphins' daily food rations and resulted in very thin animals. For
example, Star, a 23yr old female dolphin was being fed approximately 12Ibs daily in January 2022 and her diet was cut
abruptly on March 31st to 4Ibs daily. The full changes are listed below.
)
• Star, a 23yr old female dolphin: January 2022 (12Ibs daily) to March 31st (4Ibs daily)
• Gemini, a 7yr old female dolphin: January 2022 (13Ibs daily) to April 1st (6Ibs daily)
• Skye, a 24yr old female dolphin: January 2022 (11lbs daily) to April 1st (7.5Ibs daily)
• Cobalt, a 12yr old male dolphin: March 2022 (18Ibs daily) to April 1st (5lbs daily)
• Ringo, a 12yr old male dolphin: January 2022 (15Ibs daily) to April 1st (8Ibs daily)
• Squirt, a 12yr old female dolphin: January 2022 (13Ibs daily) to March 31st (4Ibs daily)
• JJ, a 46yr old male dolphin: January 2022 (10lbs daily) to April 1st (6.5Ibs daily)
• Calypso, an 8yr female dolphin: March 2022 (15Ibs daily) to April 1st (9Ibs daily)
• Aries, a 20yr old male dolphin: January 2022 (13Ibs daily) to March 31st (3lbs daily)
Prepared By: E GONZALEZ Date:

USDA, APHIS, Animal Care 23-SEP-2022
Title: VETERINARY MEDICAL
OFFICER
) Received by Title: Facilit}:'. Re resentative Date:

23-SEP-2022
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)
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USDA United States Department of Agriculture
Animal and Plant Health Inspection Service
Inspection Report
EGONZALEZ
INS-0000814970
Medical notes from a visual examination performed by the AV on June 26th, 2022, specifically identified 3 thin animals.
Cobalt was noted having prominent scapula and ribs with an overall thin Body Condition Score (BCS). His Body Blubber
Index (BBi) was down to 31 and his weight was 45Ibs under his target weight range. Aries was noted having prominent
and palpable scapula and ribs with a slight post-nuchal indention. His BBi was low at 34 and he was 35Ibs below his goal
weight. Squirt was noted having slightly prominent scapula and ribs with a low BBi of 33. She was below her weight
range. On July 2nd, 2022, the AV noted that Star's shoulder/scapula were fairly prominent. With a BBi of 36 and overall
thin appearing BCS, Star was approximately 25Ibs below her target range.
Photos taken by facility staff, social media photos and an examination by APHIS Marine Mammal Specialist during the
inspection identify the following concerns for each dolphin affected:
• Aries: He weighed 375Ibs on March 5th and 312Ibs on June 25th (a loss of 63 lbs.) The facility records his goal weight
was between 355-365Ibs. With a BCS of 3/10, Aries was described as a very thin dolphin with weight loss in his neck, an
indentation in his nuchal area, prominent scapula, rib shadowing, decreased muscle mass in his peduncle, and visible
) lateral spinous processes.
• Calypso: She weighed 373Ibs on May 25th. There is no current weight on Calypso and no ideal weight range noted on
the facilities Departmental Baseboard. With a BCS of 4/10, Calypso was described as a thin dolphin with an indentation
on her post nuchal area behind her blowhole, a visible scapula and loss of weight in her thorax. Additionally, her lateral
spinous processes in her peduncle are pronounced as well as a loss of muscle mass in the peduncle.
• Cayman: He weighed 307Ibs on March 5th and 298Ibs on April 16th (a loss of 9Ibs.) The facility records his goal weight
between 310-320Ibs. With a BCS of 5/10, Cayman looked to be in good body condition at the time of inspection.
However, photos of Cayman provided by the facility show a very lean animal with prominent lateral spinous processes.
• Cobalt: He weighed 615Ibs on March 5th and 511lbs on July 2nd (a loss of 1041bs.) The facility records his goal weight

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Inspection Report
EGONZALEZ
INS-0000814970
between 560-570Ibs. With a BCS of 3.5/10, Cobalt was described as a thin and lean dolphin with a slender neck,
pronounced scapula and shoulders, rib shadowing and pronounced lateral spinous processes.
• Gemini: With a BCS of 3.5/10, Gemini was described as a thin dolphin with weight loss in her neck, visible lateral
spinous processes and loss of mass in her peduncle.
• Ringo: He weighed 336Ibs on March 5th and 299lbs on June 25th (a loss of 37Ibs.) The facility records his goal weight
between 315-325Ibs. With a BCS of 4/10, pictures posted to social media show a very thin animal with a "neck",
noticeable scapula, with weight loss in the back and peduncle area. At the time of inspection, Ringo had regained some
weight since those photos; however, he was still described as lean with visible lateral spinous processes.
• Skye: She weighed 377Ibs on March 5th and 362Ibs on July 2nd (a loss of 15Ibs.) The facility records her goal weight
between 370-380Ibs. With a BCS of 4/10, Skye was described as a thin dolphin with a pronounced scapula, visible lateral
spinous processes and weight loss visible in both upper body and peduncle areas.
• Squirt: She weighed 331lbs on March 5th and 289Ibs on July 2nd (a loss of 42Ibs.) The facility records her goal weight
) between 320-330Ibs. With a BCS of 3.5/10, Squirt was described as a lean dolphin with muscle loss in the peduncle area
and neck with some lateral spinous processes still visible.
• Star: She weighed 345Ibs on March 5th and 315Ibs on July 2nd (a loss of 30Ibs.) The facility records her goal weight
between 340-350Ibs. With a BCS of 3.5/10, Star was described as a thin dolphin, with visible lateral spinous processes of
the peduncle as well as muscle mass loss in the peduncle area.
This reduction in diet was not approved by the facility's AV. The AV was not consulted prior to the diet changes and was
not alerted by the ADAT when these changes were implemented. After the major cuts, the diets were gradually increased
over the next few days; however, the diets never reached appropriate levels to maintain each animal's appropriate weight
and the animals continued to lose weight. When both veterinarians were questioned directly by APHIS officials, they

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Inspection Report
EGONZALEZ
INS-0000814970
confirmed they would not have approved the diet cuts. Upon the AV's examination findings in late June/early July, she
recommended a gradual increase in diets to return the animals to their target weight ranges. The staff complied and
began increasing the animals' diets as instructed.
Additionally, the layout of the guest interactions was changed without the AV's guidance. The previous guest interactions,
in conjunction with the AV's guidance, were coordinated under the protection of the umbrellas to avoid the animals looking
directly into the sun for their feedings and directions. The new guest interactions position the dolphins in areas away from
the shade and, depending on the time of the day, do not offer protection from looking into the sun. These program
changes were not reviewed prior to implementation by the facility's attending veterinarian. The guest interactions have
also changed by increasing the number of guests in attendance per session without veterinary input.
The Attending Veterinarian must have the appropriate authority to ensure adequate veterinary care is provided and that
they have the authority to oversee the adequacy of other aspects of animal care.
Correct from this day forward.

)
2.40(b)(3) Critical
There was an increase in frequency of abnormal behaviors such as regurgitation, mouthing, refusing control etc. that were
not communicated in a timely manner to the Attending Veterinarian. Documents tracking weekly overall health parameters
for the 12 animals at Dolphin Harbor (DH) were created by the Assistant Director of Animal Training and the area
supervisor for DH with the purpose of updating the animals' progress to the Animal Care Specialists Manager after recent
diet changes. This PowerPoint included photos of each animal that were updated weekly. The AV had not been sent
these routine weekly updates on the animal health parameters, and therefore could not identify the weight loss trends
these animals experienced earlier than June 26th, 2022.
Furthermore, an examination of training records for the dolphins at DH noted increased instances of regurgitation from

OFFICER
) Received by Title: Facilitt Reeresentative Date:

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) iiilllll Animal and Plant Health Inspection Service INS-0000814970
Inspection Report
animals that have not historically had this problem. For example, between February 23rd-July 6th, 2022, there were 88
days where trainers recorded episodes of regurgitation for Aries. Thirty of those days, he regurgitated during two sessions
and 6 of those days he regurgitated during three sessions. Over the 88-day period, he regurgitated during 137 sessions.
Thirty-five of those sessions, he was noted as regurgitating throughout the session or excessively. 135 out of 137
sessions were during public encounters. Two dates of particular concern are March 23rd and 24th, when he was noted to
have sessions with approximately 60 and 67 guests, respectively. Three regurgitations were during training sessions, and
one was during a husbandry session. Not only did the incidence of these abnormalities increase, but the occurrence of
these problems was also not communicated in a timely manner to the AV. When questioned by APHIS Officials, the AV
admitted that she was not aware of the severity of Aries' regurgitation concerns until late June.
The facility failed to provide direct and frequent communications regarding animal health and well-being to the AV. The
documents tracking the weights, diets and pictures of the Dolphin Harbor animals should have been communicated to the
AV. This delayed the animals' access to appropriate and timely medical care. The abnormal behaviors expressed by Aries
) could have been associated with diet cuts or other medical concerns. The facility must ensure that a mechanism of direct
and frequent communication is required so that timely and accurate information on problems of animal health, behavior,
and well-being is conveyed to the attending veterinarian.
2.131(b)(2)(ii) Critical
Handling of animals.
The diets of 9 dolphins at Dolphin Harbor were cut for the purpose of ensuring the animals performed for the guest
interactions. The Assistant Director of Animal Training (ADAT) and the area supervisor for Dolphin Harbor (DH) created
documents to track the weights and Body Blubber Index (BBi) for the 12 dolphins living at this location; these documents
were sent for review by the Animal Care Specialists Manager (ACSM) who is not a veterinarian. After observing that

OFFICER
) Received by Title: Facilitt Reeresentative Date:

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) a.. Animal and Plant Health Inspection Service
Inspection Report
INS-0000814970
several dolphins were behaving abnormally and looked thin, the Director/Zoological Curator stepped in to increase the
diets gradually by one pound of fish beginning mid-June. She was met with resistance from the ACSM and ADAT.
Communications from the ACSM stated his concerns regarding the Program dolphins' satiation and what would be the
plan if the animals "dropped operation" as they had done before. Additionally, the ACSM referred to an incident with
Cobalt, a male dolphin, that was triggered by his satiation. He insisted that he would not approve diet increases until the
Director had provided him with the answers to these questions.
Furthermore, a review of trainer records noted that in many cases, the limited pounds of fish were only offered during the
guest interactions and not during any training or husbandry sessions the animals participated in. All 9 animals decreased
in weight over the course of two months - some of them significantly. On or about March 31st, multiple animals had their
daily food intake markedly reduced. For example, on March 31st Aries was fed 12 pounds of fish for the day and on April
1st, he was abruptly reduced to 3 pounds daily. He was slowly increased to 7 pounds daily where he remained until May
4th when another incremental adjustment was made to 8.5 pounds. At that point, Aries' weight had decreased by 29
pounds in one month. Overall, he lost 63 pounds between April and June.
The food deprivation these dolphins were subjected to also led to increased incidents of unwanted behaviors such as
splitting or breaking from sessions, swimming over ledges where guests may stand, sinking during line-ups and
aggressing against trainers. For example, prior to the new company taking ownership of the facility, Calypso had an
average 18 incidents of unwanted behavior during the months of January and February 2022. These ranged from sinking
during the session, terminating behaviors, poor attention to swimming over the ledge at a trainer to bite a target pole. After
the transition in March 2022, Calypso's unwanted behaviors drastically increased to 38 separate incidents in the month of
April. The severity and frequency of these behaviors increased; on April 1st, 6th, 13th, 14th, 17th, and 21st, Calypso
mouthed at least one of her trainers. May 29th and June 16th, she repeated these behaviors.

OFFICER

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) USDA United States Department of Agriculture

EGONZALEZ
INS-0000814970
iillllll
Inspection Report
During the months of January 2022 and February 2022, Cobalt had virtually no aggressive incidents recorded on his
training charts. Beginning end of March 2022, the incidents of inappropriate behaviors steadily increased. Cobalt began
sinking during sessions and focusing on Star (a female dolphin). He routinely split from session and began swimming over
to guests during an encounter. On March 26th, he open-mouthed a trainer's foot during an interaction. On April 3rd, he sat
up on the catwalk towards a trainer. On June 30th, he attempted to mouth a target pole several times. He then mouthed
two trainers on July 4th.
During a land encounter on June 5th, Cayman exhibited poor control and refused primary reinforcement (fish). He
attempted to mouth a trainer's hand and pumped up at the trainer. On July 7th, during a training session, Cayman
rammed a trainer in deep water. The 3-trainer team attempted multiple redirections to help the trainer in the water get out;
however, Cayman ignored the recalls and mouthed the trainer several times while they swam to the stairs. The trainers
gave him a break of about 10 minutes and then reattempted the training session. Cayman attempted to ram the ADAT in
the water several times but never made contact. He ignored the ADAT's attempt to regain control and fast swam over the
ledge multiple times. The ADAT presented a plastic "aversion" shield to attempt to reestablish control, but Cayman
showed no change in behavior.
Depriving these dolphins of their full dietary and nutrition requirements to ensure compliance during public encounters
directly affected their health and well-being. The facility must provide each animal its full dietary requirements for each
day. Deprivation of food or water shall not be used to train, work or otherwise handle animals.
2.131(c)(1) Critical
A review of trainer records for the dolphins at Dolphin Harbor identified multiple aggressive incidents when a dolphin
"mouthed" a member of the public during an in-water interaction. The records show that the animals exhibited warning

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Animal and Plant Health Inspection Service INS-0000814970
Inspection Report
behaviors prior to mouthing such as sinking after performing behaviors, swimming over the ledge of the pools without
specific direction to do so, fast swimming, terminating control (refusing to participate) during sessions, ignoring signals for
behaviors and splitting from the session. The facility staff elected to continue guest interactions with animals that were
exhibiting aggressive warning behaviors. Examples are listed below:
• Calypso, an 8yr female dolphin, mouthed a guest on six different occasions during the months of April 2022 - July 2022.
On April 1st, 2022, the trainer records noted that the trainers "worked through" the inappropriate behavior during that
incident instead of stopping the session.
• Cobalt, 12yr old male dolphin, mouth a guest on six different occasions during the months of April 2022 - July 2022. On
June 6th, his fluke hit a guest during an encounter. On June 30th, Cobalt mouthed a guest twice on the hand during the
third encounter of the day and was then used in another encounter later that day. Before all mouthing incidents, Cobalt
exhibited warning behaviors such as splitting from control and swimming towards guests in deep water. Also, he would
sink during sessions and watch guests underwater. Additionally, at the end of sessions, he would sink underwater and
follow guests out of the pool. Since early April, his level of aggression during encounters has steadily increased - to the
point where almost every day he terminates control from sessions.
The facility failed to handle their animals in a manner that minimized the risk of harm to the public and continued guest
interactions even when dolphins were demonstrating aggressive behaviors earlier in training sessions. Mouthing any
portion of an individual's body (hand or foot) can be considered a precursor to more aggressive behaviors that ultimately
may lead to serious injuries to the public. During public exhibition, any animal must be handled so there is minimal risk of
harm to the animal and to the public. The facility's guest interactions must assure the safety of the animals and the public.
This inspection and exit interview were conducted with several facility representatives.

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iliiiii
Inspection Report
Additional Inspectors:
Laurie Gage, Zoological Species Specialist
Charles Palmer, VETERINARY MEDICAL OFFICER

OFFICER
) Received by Title: Faciliti'. Reeresentative Date:

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USDA United States Department of Agriculture Customer: 6011009

) iiilllll Animal and Plant Health Inspection Service Inspection Date: 06-Jul-2022
Species Inspected
Cust No Cert No Site Site Name lnseection

6011009 58-C-1252 001 Miami Seaquarium 06-JUL-2022
Count Scientific Name Common Name

000020 Tursiops truncatus BOTTLENOSE DOLPHIN
000002 Trichechus manatus CARIBBEAN MANATEE
000009 Phoca vitulina HARBOR SEAL
000013 Za/ophus californianus CALIFORNIA SEA LION
000044 Total
Page 1 of 1
Animal and Plant September 16, 2022

Health Inspection
Service
Mr. Travis Burke, Director
4700 River Road MS Leisure Company, Inc. License No. : 58-C-1252
Riverdale, MD 20737 9600 N. Oceanshore Blvd. Customer No. : 6011009
St. Augustine, FL 32080
Dear Mr.Burke:
Your August 9, 2022 appeal of citations on the USDA inspection report dated July 6.
2022 was thoroughly reviewed by an Animal Care appeal panel consisting of a
Supervisory Animal Care Specialist, an Assistant Director, a Senior Veterinary
Medical Officer for Marine Mammals, and me. The appeal is addressed below.
The citation for Section 2.40(a)(2) will remain on the inspection report with
modified content and re-wording.
• Though the non-compliances indicated on the July 2022 inspection report are
connected to a larger overall issue, each individual citation will remain on the
report as each one is specific to a regulatory requirement in the Animal
Welfare Act Regulations. Section 2.40(a)(2) requires that the attending
veterinarian has appropriate authority to ensure the provision of adequate
veterinary care and to oversee the adequacy of other aspects of animal care
and use.
• The supporting information regarding the dolphins' weights will be moved
from section 2.131(b)(2)(ii) to this section.
• The sentence about Gemini not being weighed will be removed.
The citation for Section 2.40(6)(3) will remain on the inspection repon with
modified wording.
• The noncompliance cited under this section will remain on the report as it
documents the lack of direct and frequent communication with the unending
veterinarian regarding ongoing health issues.
• Some of the wording will be adjusted to murc accurately retlect the situation
that occurred (such as changing deprived access to care to delayed access of
care).
The citation for Section 2.131(b)(2)(ii) will remain on the inspection report with
reduced content and modified wording.
• This section will remain on the inspection report as it discusses the evidence
that food was restricted below the animals' nutritional needs in order to alter
their performance behavior during public exhibition und training.
• The section describing the details of the aninrnls' weights and body condition
will be moved to Section 2.40(a)(3).
• Some ol' the wording will be adjusted to more accurately rellect the situation
that occurred.
An Equal Opportunity Provider and Employer
The citation for Section 2.131(c)(1) will remain on the inspection report as written.
• This section is specific to handling during public exhibition so as to assure the safety
of the animals and the public.
We understand the facility has been undergoing many new transitions and appreciate the
commitment to improvement with the facility's new protocols and training initiatives to
address these issues and overall animal welfare.
You should receive a copy of the amended inspection report within two weeks.
All decisions made by the appeal panel are final and represent Animal Care's final
detem1ination for this appeal.
Sincerely,
z
Robert Gibbens, DVM
Director, Animal Welfare Operations
USDA, APHIS, Animal Care
l 1Sf),,f A11i11111/ Care. 1:·n111ri11g /111111a11'' lrl'a/111e11t /or 1111i11ut!s cm\·r.:d h,,1hc, ln/111.1/ ll'dJi1r,• .frr
A11 Equal Opponunity Provider and Employer

_
US D...A..,. United States Department of Agriculture KPRICE
I Animal and Plant Health Inspection Service INS-0000915349
Inspection Report

4400 Rickenbacker Causeway Certificate: 58-C-1252
Key Biscayne, FL 33147
Site: 001
Miami Seaquarium
Type: ROUTINE INSPECTION

Date: 16-OCT-2023
3.150(a)
Facilities, general.
In the trailer that provides indoor housing for 11 parrots, there are two areas of wall behind one of the cages that are
damaged from a parrot chewing on it through the metal bars. Staff stated that cages are usually pulled away from the wall
to prevent this from happening.
Allowing access to surfaces and materials that are not safe or appropriate for birds to chew or ingest can lead to illness or
injury. All housing facilities for birds must be designed and constructed so that they are structurally sound for the species
of bird housed in them. All housing facilities for birds must be kept in good repair and protect the birds from injury.
To be corrected by November 1, 2023.
2.40(a)(2) Direct Repeat
The facility failed to assure the attending veterinarian had appropriate authority. Records indicate that on numerous
occasions, the attending veterinarian (AV) made the determination that certain actions needed to be taken, however the
facility did not follow through with these actions.
- On 9/26/23, the medical record for "Sushi", an adult female California sealion, stated that she had been holding her right
eye closed and rubbing both eyes. The veterinary plan in the record involved stressing the importance of getting her
cataract surgery scheduled soon with an external specialist; however, the facility did not take initial steps to schedule the
procedure. On 9/28/23, the medical record stated that "Sushi" was slow to eat and the plan again stressed the importance
of scheduling cataract surgery. Starting on 10/11/23, "Sushi" began variably refusing food. By 10/15/23 and throughout
the 3-day USDA inspection, she was completely refusing food, due to eye pain, per the medical records. At the time of
inspection, cataract surgery still has not been scheduled.
-On 9/11/23, the medical records for multiple animals state that the veterinarian is unable to perform necessary
diagnostics as the facility no longer has access to an ultrasound, radiography, or endoscopy. It is also noted that there is
no access to a functioning anesthesia machine for emergencies.
- On 10/10/23 and 10/12/23, in the medical records for "Onyx", a male bottlenose dolphin, the attending veterinarian
states she needs to perform an ultrasound exam but there is no ultrasound available.
- On 10/11/23, in the medical records for "Ringo" and "Cayman", two male bottlenose dolphins, the veterinarian states she
needs to perform radiographs or a CT scan to confirm that they have no active infection but no imaging was available.
- On 7/5/2023, and again on 10/11/23, the AV notes that she does not have access to a functioning gastroscope, which
Prepared By: KATIE PRICE Date:

USDA, APHIS, Animal Care 09-JAN-2024
OFFICER
Received by Title: Facility Representative Date:

09-JAN-2024
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United States Department of Agriculture
KPRICE
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Inspection Report
marine mammals, and so that it can function as a secondary containment system for the animals in the facility when
appropriate.
3.107(d)
Sanitation.
At the time of inspection at the facility's vet clinic, there was a large number of ants present on and inside the cabinet
housing vitamins and supplements that can be used for the marine mammals. The staff stated that they had arrived that
morning to ants all over the front room of the clinic which they cleaned to the best of their abilities.
Ants can contaminate or damage medications, supplements, and vitamins that are meant for the animals. The facility
must establish and maintain a safe and effective program for the control of insects, ectoparasites, and avian and
mammalian pests.
3.109 Repeat
Separation.
"Romeo", an adult male manatee is still being housed alone in Pompano Pool 1. The facility has implemented in-pool
social interactions between "Romeo" and keepers and have an enrichment schedule; however, there is not a written plan
approved by the attending veterinarian, and developed in consultation with the husbandry/training staff that includes the
justification for the length of time the animal will be kept separated or isolated or provisions for periodic review of the plan
by the attending veterinarian.
Manatees are semi-social animals and do better medically and psychologically when they are housed in pairs or groups.
Marine mammals, whenever known to be primarily social in the wild, must be housed in their primary enclosure with at
least one compatible animal of the same or biologically related species.
Animals housed separately must have a written plan, approved by the attending veterinarian, developed in consultation
with the husbandry/training staff, that includes the justification for the length of time the animal will be kept separated or
isolated, information on the type and frequency of enrichment and interaction, if appropriate, and provisions for periodic
review of the plan by the attending veterinarian.
3.150(c)(2)
In the Tropical Wings section, there are multiple indoor and outdoor metal enclosures that showed evidence of excessive
rust. There are areas of bubbling and flaking paint due to rust and areas where the metal is rusted through.
Excessive rust can compromise structural strength, present roughened and jagged surfaces where it is possible for the
birds to injure themselves and prevent proper cleaning and sanitization of a surface. Any surfaces that come in contact
with the birds must be free of rust or damage that affects the structural integrity of the surface or prevents cleaning.
3.151(b)
Facilities, indoor
In the indoor enclosure housing 9 penguins, there is an excessive accumulation of moisture condensation on the ceiling.
This has led to numerous spots of black growth as well as areas of bubbling and peeling paint that is starting to droop

OFFICER

09-JAN-2024
Page 3 of 5

KPRICE
INS-0000915349
Inspection Report
down into the enclosure.

In the trailer that provides indoor housing for 11 parrots, there is a strong noxious odor permeating the air. This odor is
present even after the trailer has been cleaned and with no birds present. The facility previously had issues with air quality
in these bird trailers that contributed to air sacculitis in one macaw. The facility has placed two air purifiers in each indoor
parrot area; however, there is still not enough ventilation.
Mold, mildew, poor air quality, and noxious odors can cause illness in birds. Peeling paint can fall into the enclosure and
be ingested by the penguins. Indoor housing facilities must be sufficiently ventilated at all times when birds are present to
provide for their health, to prevent their discomfort or distress, and to minimize accumulations of moisture condensation,
odors, and levels of ammonia, chlorine, and other noxious gases. The ventilation system must minimize drafts.
3.154
Environment enhancement to promote psychological well-being.
At the time of inspection, the facility has not established a complete environment enhancement plan (EEP) to promote the
psychological well-being of the birds. There is an enrichment schedule and outline for the parrots housed in Tropical
Wings; however, there is no plan in place for the penguins and flamingos at the facility. There are also no special
considerations listed for birds that show signs of psychological distress, including three parrots that have evidence of
feather destructive behavior.
Failure to establish and maintain an EEP can result in birds not receiving adequate enrichment which can lead to
behavioral, social, health, and other psychological problems. The plan must address at a minimum social grouping,
environmental enrichment, special considerations, restraint devices, and any birds that are exempted by the attending
veterinarian because of health issues or other conditions. The plan must be approved by the attending veterinarian. The
licensee must establish and maintain an EEP for the birds.
3.157(a)(2)
Water quality.
In the enclosure housing 29 flamingos, there is an area of poor drainage along the water feature where the ground has
eroded. There is also a trough that is part of the cement pond that does not connect to a functional drain. Both areas
contain stagnant, murky water with green algae growing in it. Bugs were also seen gathered along the edges of this
muddy area. The staff stated that they try to flush these spaces out once a week; however, the spaces never completely
dry and always contain water. At the time of inspection, it had been one week since these areas had been flushed out.
Stagnant water can attract pests, permeate noxious odors, and lead to disease or illness in the animals. Pools or other
aquatic areas without drainage systems must be aerated and have an incoming flow of fresh water or be managed in a
manner that maintains appropriate water quality in accordance with current professionally accepted standards appropriate
for the species.
3.158(d)
Cleaning, sanitization, housekeeping, and pest control.

OFFICER

09-JAN-2024
Page 4 of 5
!§DA United States Department of Agriculture KPRICE

-:- Animal and Plant Health Inspection Service INS-0000915349
") Inspection Report
At the time of inspection at the facility's vet clinic, there was a large number of ants present on and inside the cabinet
housing vitamins and supplements that can be used for the birds. The staff stated that they had arrived that morning to
ants all over the front room of the clinic which they cleaned to the best of their abilities.
Ants can contaminate or damage medications, supplements, and vitamins that are meant for the animals. The facility
must establish and maintain a safe and effective program for the control of insects, ectoparasites, and avian and
mammalian pests so as to promote the health and well-being of the birds and reduce contamination by pests.
This inspection and exit interview were conducted with facility representatives.
E GONZALEZ, VETERINARY MEDICAL OFFICER
)_

OFFICER

09-JAN-2024
Page 5 of 5
iiliii Animal and Plant Health Inspection Service Inspection Date: 16-0ct-2023
Species Inspected
Gust No Cert No Site Site Name lnse,ection

6011009 58-C-1252 001 Miami Seaquarium 16-OCT-2023

000013 Zalophus californianus CALIFORNIA SEA LION
000009 Spheniscus demersus AFRICAN PENGUIN/ CAPE PENGUIN
000029 Phoenicopterus ruber AMERICAN FLAMINGO
000004 Ara ch/oropterus RED-AND-GREEN MACAW/ GREEN-WINGED MACAW
000002 Ara macao SCARLET MACAW
000001 Ara militaris MILITARY MACAW
000005 Ara ararauna BLUE-AND-YELLOW MACAW/ BLUE-AND-GOLD MACAW
Ara, Ano?orhynchus, Primolius, Diopsittaca MACAW HYBRID

000001
spp hybnd
000002 Amazona autumnalis RED-LORED PARROT/ RED-LORED AMAZON
SULPHUR-CRESTED COCKATOO I GREATER SULPHUR-

000001 Cacatua ga/erita
CRESTED COCKATOO
000003 Cacatua alba WHITE COCKATOO I UMBRELLA COCKATOO
000001 Cacatua moluccensis SALMON-CRESTED COCKATOO / MOLUCCAN COCKATOO
000001 Psittacus erithacus CONGO AFRICAN GREY PARROT/ GRAY PARROT
000102 Total
Page 1 of 1
MIAMI··
Memorandum tmmm iiiil'
Date: October 28, 2022
To: Honorable Chairman Jose "Pepe" Diaz

and Members, Board of County Commissioners
From: Daniella Levine Cava /) • ,., ,/ . 1
Mayor 1 / cf.,f!/i{'/fa.(\L "'• lib,.,_
Subject: USDA Inspection Report Findings - Miami Seaquarium
Like people across our community, I was deeply disturbed by the findings of the recent USDA report
regarding our marine life at Miami Seaquarium. Under the terms of the Lease transfer, The Dolphin
Company (TDC) is obligated to comply with federal regulations that include the Marine Mammal
Protection Act and Animal Welfare Act.
Our Miami-Dade County Parks, Recreation and Open Spaces Department (PROS) has reviewed the
report and will immediately issue The Dolphin Company a formal Notice of Non-Compliance for its
failure to identify and resolve this situation as it occurred. Per the steeper accountability and oversight
measures that TDC agreed to in the recent Lease amendment, PROS is also in the process of hiring
independent marine mammal veterinarians to perform unannounced inspections to ensure compliance
with the animal welfare provisions of our Lease. PROS also met with The Dolphin Company this week
to discuss the specific concerns in the repo1t - which TDC clarified were addressed and corrected prior
to the issuance of the Inspection Report - as well as additional remedial measures TDC is currently
taking.
Please see attached a further update from PROS outlining all the steps the County is taking to address
the specific concerns detailed in the report, and to ensure the health and wellbeing of all the animals in
the Seaquarium's care.
I will continue to closely monitor the progress of our oversight efforts in coordination with PROS, as we
monitor to ensure that TDC is in compliance with all terms of the Lease. Please let me lmow if you have
any questions or need any additional information.
MIA Ml·il
Memorandum mm
)
Date: October 28, 2022
To: Honorable Mayor Daniella Levine Cava
From: Maria I. Nardi 'Uf. /,1.

Director, Parks, Recreation and Open Spaces Department
Subject: USDA Inspection Report Findings - Miami Seaquarium
Pursuant to the terms of the Lease transfer, MS Leisure Company, a subsidiary of Controladora Dolphin, S.A.
de C.V. a/k/a The Dolphin Company ("TDC") agreed to provide the County with greater animal welfare and
oversight in order to ensure that the highest standards of animal welfare and management are met by the new
operators of the Seaquarium,
Following the results of the disturbing USDA Inspection Report ("Inspection Report") released last week
that was based on the USDA inspection that occurred on July 6, 2022, this Memorandum contains an update
on the steps that the Parks, Recreation and Open Spaces Department (PROS) is taking to address the specific
concerns in the 1·eport and ensure the welfare of all the animals in the TDC's care.
First, PROS will be issuing a formal Notice of Non-Compliance to TDC for its failure to immediately identify
and resolve this situation as it occurred.
PROS will conduct announced and unannounced staff visits to the Seaquarium on a regular basis to observe
and ensure day-to-day operational compliance. PROS is also in the process of researching and hiring
independent marine mammal veterinarians to perform unannounced inspections to ensure compliance with the
animal welfare provisions of the Lease as further set forth in the Third Amendment, whose original terms have
now been accepted by all parties, and which provide the County with the right to conduct these
inspections. These inspections will begin over the coming weeks and will allow greater County oversight of
the Seaquarium's operations to ensure the care and wellbeing of all the animals there.
These inspections will be in addition to any inspections performed by the USDA, which under applicable law
can perform announced or unannounced site visits to the Seaquarium at any time.
Our preliminary plan is as follows:
• Identify and retain consulting marine mammal veterinarians (MMVs).

• Have the MMVs visit the Seaquarium once every two weeks over the first three months, and if no
problems/concerns are indicated, the MMVs will perform visits on a monthly basis.
• The MMVs will provide repo1is to PROS on animal welfare, condition, weights, health, etc.
• The MMVs will work with the Seaquarium veterinary team to identify the target weight ranges and
health statuses of all animals in order to:
o Ensure animal weights do not go below the minimum target range;
o Ensure the overall health and well-being of the animals;
o Develop measures to ensure TDC's accountability; and
o Ensure that any changes to the weight target ranges, as well as overall care issues, are
communicated and justified to the MMVs.
Further, PROS reviewed the Inspection Report (attached along with the USDA's response to TDC's appeal),
and this week met with The Dolphin Company /Seaquarium team to discuss these findings and the remediation
plan required to conect the deficiencies identified.
Following that meeting, TDC has agreed to proactively establish formal weekly status calls with PROS, in
addition to the informal weekly calls PROS has been conducting since the transfer of the Lease, to communicate
current animal welfare and operational statuses to ensure that County has the most up-to-date information
regarding these critical areas.
As noted in the Inspection Report, the USDA's guidance to TDC for the four critical identified deficiencies was
to "[c]orrect from this day forward." At our meeting, TDC management and counsel stated that the issues raised
by the USDA were addressed and c01rncted prior to the issuance of the Inspection Report, and that no further
issues regarding this matter remained. TDC further acknowledged internal miscommunication between
Seaquarium staff during the transition period from the prior operator in March of this year, and has taken the
following remedial actions:
1. Implementation of new technology solutions, including industry-standard "Tracks" software that

improves communications, accuracy and decision-making, makes data available electronically, and
tracks workflow in real-time;
2. Personnel alignment to include adjustment of staff assignments and additional staff where indicated;
3. Training of staff to ensure clarity of roles and responsibilities;
4. Solicitation of guidance and support from expe1is in marine mammal care; and
5. Establishment of an in-house Animal Welfare Committee that meets regularly, and which includes
external animal care expe1is for all animal species at the Seaquarium.
PROS is committed to performing ongoing oversight of the Seaquarium operations to ensure the safety of the
animals and will continue to communicate our findings to you as they are discovered. If you have any questions
or need additional information, please let me know.
encl: USDA Inspection Repo1i dated September 23, 2022

USDA Appeal Response Letter dated September 16, 2022
c: Jimmy Morales, Chief Operations Officer, Office of the Mayor

Johanna Cervone, Chief of Staff, Office of the Mayor
Rachel Johnson, Deputy Chief of Staff, Office of the Mayor
Christina Salinas Cotter, Assistant Director, PROS
Perry Perez, Chief, Contracts & Procurement, PROS
Mike Zimmer, Director, Marketing and Development Division
Melanie Spencer, County Attorney's Office
-
Animal and Plant Health Inspection Seryice
Inspection Report
CPALMER
INS-0000826642

Site: 001
Miami Seaquarium

Date: 14-NOV-2022
3.101(a)(1)
In Golden Dome stadium, there are areas that are not being maintained in good repair. On stage, there are areas with
rough edges and chipping paint that animals may come into contact with; The ramp and staircase leading to the dive
platform has two areas of exposed foam with rough edges of chipped paint. The front edge of the center stage has an
area approximately 12 inches wide and 10 inches back with missing paint and exposed cement. During the sealion
performances, animals slide across the stage, climb up this ramp and may come in contact with these areas of concern.
At the concrete audience barrier, there is concrete pitting and paint flecking which sealions may also come into contact
with throughout the shows. In sealion housing, there is flecking paint over sealion enclosures. The back of the dome's
stage has large areas of paint chipping and concrete cracks that are above sealion enclosures. Flakes of chipped paint
and concrete may fall into enclosures and be ingested by the animals. Indoor and outdoor housing facilities for marine
mammals must be structurally sound and must be maintained in good repair to protect the animals from injury. To be
corrected by December 16, 2022.
3.103(c)
Facilities, outdoor.
Prepared By: CHARLES PALMER Date:

USDA, APHIS, Animal Care 16-NOV-2022
OFFICER

16-NOV-2022
Page 1 of 2
) ....
Inspection Report
CPALMER
INS-0000826642
The facility's perimeter fence has a section, near the western side of the Miami Seaquarium dock, where the bottom of the
chain link fence is not flush with the ground substrate. There is a gap approximately 12 inches wide and 14 inches deep
under this section of fence. Animals and unauthorized people can use these gaps to enter and exit the area and gain
access to the animals behind it. The perimeter fence must be constructed so that it protects marine mammals by
restricting animals and unauthorized persons from going through it or under it and having contact with the marine
mammals, and so that it can function as a secondary containment system for the animals in the facility when appropriate.
This inspection and exit interview were conducted with a facility representative.
) KRISTIN NAPOLI, SUPERVISORY ANIMAL CARE SPECIALIST

OFFICER
)
16-NOV-2022
Page 2 of 2
,,_ Animal and Plant Health Inspection Service Inspection Date: 14-Nov-2022
Species Inspected
Cust No Cert No Site Site Name lnsp_ection

6011009 58-C-1252 001 Miami Seaquarium 14-NOV-2022

000013 Za/ophus ca/ifornianus CALIFORNIA SEA LION
000008 Phoca vitu/ina HARBOR SEAL
000002 Lagenorhynchus ob/iquidens PACIFIC WHITE-SIDED DOLPHIN
000049 Total
)
Page 1 of 1
) -
Inspection Report
EGONZALEZ
INS-0000842675

Site: 001
Miami Seaquarium

Date: 19-JAN-2023
No non-compliant items identified during this inspection.
This inspection and exit interview were conducted with various facility representatives.

OFFICER
)
Page 1 of 1
--�
Received by Title: Manager Date:
26-JAN-2023
Page 1 of 1
USDA
' - Cust No Cert No

Site
United States Department of Agriculture
Species Inspected
Site Name
Customer: 6011009
Inspection Date: 19-Jan-2023
lns2_ection
6011009 58-C-1252 001 Miami Seaquarium 19-JAN-2023

000002 Lagenorhynchus obliquidens PACIFIC WHITE-SIDED DOLPHIN
000049 Total
Page 1 of 1
...
Inspection Report
CPALMER
INS-0000863896

Site: 001
Miami Seaquarium

Date: 11-APR-2023
3.101(a)(1) Repeat
The covering over "Little D" pool at Dolphin Harbor, is supported by 4 large posts. Each of these posts have a section of
what appears to be raised, cracked, flaking paint, located at the lower SE side of each support. Fragments of flaking paint
and/or protective coating could fall into the pool and be ingested by the animals therein, posing a health risk to these
animals. Indoor and outdoor housing facilities for marine mammals must be structurally sound and must be maintained in
good repair to protect the animals from injury. To be corrected by May 13, 2023.
)
MARIO MERCADO, VETERINARY MEDICAL OFFICER

USDA, APHIS, Animal Care 14-APR-2023
OFFICER
)
Page 1 of 1

14-APR-2023
Page 1 of 1

Inspection Date: 11-Apr-2023
iiilllll Animal and Plant Health Inspection Service
Species Inspected
Cust No Cert No Site Site Name lnsQ_ection

6011009 58-C-1252 001 Miami Seaquarium 11-APR-2023

000013 Zalophus ca/ifornianus CALIFORNIA SEA LION
000046 Total
Page 1 of 1

CPALMER
INS-0000892196
Inspection Report

Site: 001
Miami Seaquarium

Date: 17-JUL-2023
2.40(a)(2)
The facility failed to recognize veterinary authority. Records indicate that on numerous occasions, the attending
veterinarian (AV) made the determination that certain actions needed to be taken, these determinations were not
followed, or her authority was ignored.
On January 3,2023, after treatment for foreign body ingestion, the AV determined that the current enclosure was
no longer suitable for the pacific white-sided dolphin ''Elelo" and recommended that he be transferred to another facility.
The transfer had not yet happened at the time of inspection.
• On July 6, 2023, after noting continued foreign body ingestion by "Elelo", the AV determined that the facility did not have
the equipment to keep this animal in the current pool as the pool needs to undergo a significant amount of maintenance
and there is a repeat risk of foreign body ingestion. The AV stated that she contacted the administration to try and
expedite the process and plan to ship the animal to another facility as mentioned six months earlier.
• It was reported by several employees that a newly appointed corporate trainer, in charge of dolphin training, was
instructing other employees not to contact the AV and undermining her authority, which created a very stressful
environment. A Chain of Command chart was displayed in the trainer's office at Top Deck. This chart showed him at the
top of the chain and did not include the AV. When asked, he stated that he did not report to facility management but
instead answered to two corporate personnel. Numerous other employees reached out anonymously but hesitated to give
formal statements for fear of retaliation.
Failure to ensur that the attending veterinarian has appropriate authority over the veterinary care of the animals can lead
to unnecessary stress, discomfort, and suffering of the animals.
Each dealer and exhibitor shall assure that the attending veterinarian has appropriate authority to ensure the provisions of
adequate veterinary care and to oversee the adequacy of other aspects of animal care and use. To be corrected from this
day, (date of finalized report), forward.
2.40(b)(1)
Prepared By: CHARLES PALMER )

USDA, APHIS, Animal
Title: VETERINARY MEDICAL Care
OFFICER
Received by Title: F cility Representative Date:

27-SEP-2023
Page 1 of 4
Date:
27-SEP-2023
Received by Title: F cility Representative Date:

27-SEP-2023
Page 1 of 4
-
Inspection Report
CPALMER
INS-0000892196
The facility failed to provide proper equipment or services to ensure adequate veterinary care.
• On July 5, 2023, the AV noted that the gastroscope was very outdated and not working properly. She recommended
purchasing a new system. This was not yet approved at the time of inspection.
• The facility does not own scales that can be routinely used at all enclosures. As a result, the three adult manatees held
at the facility, have not been weighed in more than 5 years.
Properly functioning equipment is necessary for diagnosing, treating and maintaining the health of the animal. Accurate
weights are essential for dosing medications and providing adequate routine care.
The facility shall ensure the availability of appropriate equipment and/or services to provide adequate veterinary care. To
be corrected by August 25, 2023.
2.131(c)(1)
On March 19, 2023, a member of the public was bitten on the hand by "Gemini", a dolphin housed at Dolphin Harbor,
during a "Meet and Greet" interaction with another dolphin. "Gemini" broke from station and swam towards the group of
guests as they had their hands on the surface of the water, waiting to touch the other dolphin as she swam by. As trainers
instructed the guests to withdraw their limbs, "Gemini" popped up and grabbed one of the guest's hand. The girl pulled her
hand back with "Gemini's" mouth still closed. "Gemini" let go but stayed in front of the guests as they stood up.
Inadequate handling or control of animals during public interactions can lead to injury of the public and the animals.
During public exhibition, any animal must be handled so there is minimal risk of harm to the animal and to the public. To
be corrected from this day, (Date of finalized report), forward.
3.101(a)(1) Repeat
The facility failed to maintain a marine mammal enclosure in good repair and protect the animals from injury. On January
3, 2023, "Elelo", a five-year-old pacific white-sided dolphin housed in Pompano pool 3, underwent a gastroscopy
procedure to identify and remove foreign material from his digestive tract. The procedure successfully removed a plastic
zip tie, a piece of broken plastic, and what was described as a large piece of cement. Zip ties are used to secure the
fencing around the sides of the pool, the broken plastic was determined to likely be from a target pole, and divers noted
that the floor of the pool has a layer of broken, flaking cement. On July 5, 2023, "Elelo" was once again suspected to have
a foreign body. He was made to regurgitate, producing sand and glass filtration media.
Enclosures that fall into states of disrepair may no longer be able to safely contain the animals and may produce foreign
material which could be ingested and become injurious to the animals.
Indoor and outdoor housing facilities for marine mammals must be structurally sound and must be maintained in good
repair to protect the animals from injury.

OFFICER

27-SEP-2023
Page 2 of4
USDA United States Department of Agriculture CPALMER

iiilllll
Inspection Report
3.103(b)
The facility failed to provide protection from the weather or direct sunlight. At Pompano Pool 1, housing an adult male
manatee, records indicated the overhead tarp was removed for 10 days in March of 2023 and for an unspecified number
of days in April of 2023. This left no natural or artificial shade to protect the animal from direct sunlight.
Direct sunlight can adversely affect the animal's health, especially skin and eye health.
Natural or artificial shelter shall be provided for all marine mammals kept outdoors to afford them protection from the
weather or from direct sunlight. Corrected by the time of inspection.
3.108(a)
Employees or attendants.
The facility failed to maintain a sufficient number of adequately trained employees. The termination of employment of an
associate veterinarian on March 27, 2023, resulted in a single veterinarian to care for the 46 marine mammals and
hundreds of birds, fish, sharks and rays housed at the facility. As a result, all routine samples were placed on hold so that
non-routine/unwell animals could be prioritized. By June 17, 2023, three veterinary technicians resigned leaving a single
veterinarian and zero full time support staff. At the time of inspection, only one of four, open technician positions was filled
and two associate veterinarian positions remained vacant, resulting in the continued prioritization of sick and/or urgent
cases until additional staff can be obtained.
Insufficient staffing can result in poor husbandry practices and the inability of the veterinary team to provide routine care
and maintenance of the animals.
A sufficient number of adequately trained employees or attendants, responsible to management and working in concert
with the attending veterinarian, must be utilized to maintain the prescribed level of husbandry practices. To be corrected
by October 25, 2023.
3.109 Critical
Separation.
On February 27, 2023, a CT scan conducted on "Bimini", revealed the 23-year-old female dolphin, housed at Dolphin
Harbor, had multiple bilateral rib fractures in various stages of healing. These injuries were incidental findings and
determined to likely be caused by conspecific aggression. Once the injuries were known, the facility placed the animal in a
safer group. Housing incompatible animals together can negatively impact their health and welfare and may cause
serious injury and even death. Marine mammals must not be housed in the same enclosure nor be housed near other
animals that cause them unreasonable stress, discomfort or interfere with their good health. Corrected by the time of
inspection.
"Romeo", an adult male manatee has been housed alone in Pompano Pool 1 since the 3 juvenile manatees he was
housed with were released back to the wild in the Spring of 2023. Although numerous attempts have been made to

OFFICER
Received by Title.: Facility Representative Date:

27-SEP-2023
Page 3 of 4
!l_SDA United States Department of Agriculture CPALMER

) iiiiilll Inspection Report
acquire another manatee, it was determined that the facility did not yet meet the requirements to receive another animal.
Manatees are semi-social animals and do better medically and psychologically when they are housed in pairs or groups.
Marine mammals, whenever known to be primarily social in the wild, must be housed in their primary enclosure with at
least one compatible animal of the same or biologically related species. To be completed in two phases; Phase 1:
Develop a written plan approved by the attending veterinarian, developed in consultation with the husbandry/training staff,
that includes the justification for the length of time the animal will be kept separated or isolated, information on the type
and frequency of enrichment and interaction, if appropriate, and provisions for periodic review of the plan by the attending
veterinarian. Phase 2: Implement the plan and return to compliance. Phase 1 to be corrected by August 8, 2023. Phase 2
to be corrected by October 25, 2023.
KRISTIN NAPOLI, SUPERVISORY ANIMAL CARE SPECIALIST

OFFICER
Received by Title.: Facility Representative Date:

27-SEP-2023
Page 3 of 4

Customer: 6011009
Inspection Date: 17-Jul-2023
' Cust No
6011009
Cert No
58-C-1252
Site
001
Species Inspected
Site Name
Miami Seaquarium
lns,eection
17-JUL-2023

000013 Za/ophus californianus CALIFORNIA SEA LION
000046 Total
Page 1 of 1
USDA United States Department of Agriculture CKIRK EL-AMIN

)
ifiillll
Inspection Report

Site: 001
Miami Seaquarium

Date: 02-NOV-2023
3.108(a)
At the time of inspection, the facility still lacks a sufficient number of adequately trained employees. The resignation of the
only veterinary technician has left two veterinarians responsible for the care of 46 marine mammals, hundreds of birds,
fish, sharks, and rays housed at the facility. Consequently, there is no full-time support staff available. At the time of
inspection, none of the open veterinary technician positions had been filled. The veterinarians are still unable to perform
routine/preventive exams and continue to prioritize sick and urgent cases until additional staff can be hired. Insufficient
staffing can lead to poor husbandry practices and hinder the veterinary staff's ability to provide routine care and
maintenance for the animals.
A sufficient number of adequately trained employees or attendants, responsible to management and working in concert
with the attending veterinarian, must be utilized to maintain the prescribed level of husbandry practices.
This inspection and exit interview were conducted with several facility representatives.
Prepared By: COLETTE KIRK EL-AMIN Date:

OFFICER
Page 1 of 1

07-NOV-2023
Page 1 of 1

Animal and Plant Health Inspection Service Inspection Date: 02-Nov-2023
) iiiilll Species Inspected
Cust No Cert No Site Site Name lnsgection


000001 Zalophus ca/ifornianus CALIFORNIA SEA LION
000004 Total
Page 1 of 1

ililllll
Inspection Report

Site: 001
Miami Seaquarium

Date: 28-NOV-2023
3.150(a) Repeat
**The penguin building, and indoor enclosure ha-..e multiple problems that require attention. The metal frame around the
glass, both on the outside and inside of the door, is rusted and breaking off, causing sharp edges that could pose a
hazard to the penguins. Inside the enclosure, there are se-..eral areas where paint is peeling away from the walls and
ceiling, and sections of the drywall are breaking off in different corners near the water feature and rock outcrops. Rust
marks are running down the walls from rusty screws, and the main door frame is also rusted all the way around. This
indoor area has multiple issues that need prompt addressing and maintenance for the safety of the penguins.
**In the remaining parrot trailer in use, there are still areas of the wall behind one of the cages that are damaged from a
parrot chewing through the metal bars, and strips of paint are peeling off the ceiling. Staff stated that cages are usually
pulled away from the wall to pre-..ent this from happening. Allowing access to surfaces and materials that are not safe or
appropriate for birds to chew or ingest can lead to illness or injury. All housing facilities for birds must be designed and
constructed to be structurally sound for the species housed in them. Additionally, alI housing facilities for birds must be
kept in good repair and protect the birds from injury.
2.40(b)(1) Critical Repeat

**At the time of the inspection, Clarity, the manatee, showed evidence of a progressi-..e skin condition. She is currently
co-..ered with a thick layer of algae and has patchy white discolorations around her nostrils, mouth, and face, extending to
the axillary region, both front flippers, with numerous large white patchy lesions on the -..entral abdomen. According to the
care staff and AV, these white patches ha-..e grown in size and spread o-..er the last se-..eral weeks. Due to a lack of
appropriate facilities and the inability to drop the pool, coupled with the absence of necessary equipment, the AV has
been unable to thoroughly examine Clarity. A comprehensi-..e examination is essential for diagnosis and to formulate a
treatment plan. The lack of appropriate facilities and equipment is affecting the AV's ability to provide proper care for this
animal. Although the facility has arranged for Clarity to be mo-..ed to another facility capable of ensuring care, all pre-
shipment bloodwork expense were co-..ered by the receiving facility. This facility needs to meet the requirements of this
subpart to ensure the attending -..eterinarian has the necessary equipment and facilities to conduct the diagnostics
required for an appropriate treatment plan for all animals in need of -..eterinary attention.

USDA, APHIS, Animal Care 07-DEC-2023
OFFICER
Received by Title: Facility Representati-..e Date:
07-DEC-2023
Page 1 of 6
....
Inspection Report
CKIRK EL-AMIN
INS-0000906384
**The attending 1ieterinarian has concerns that se1ieral dolphins (Ripley, Panama, Onyx, and Sundance) are showing
signs of gastric distress and abnormal samples from these animals continue to be found. Ripley is known to consume and
regurgitate non-food items. The AV suspects that se1ieral dolphins may ha1ie ulcers and possibly foreign bodies,
necessitating an endoscope for confirmation of diagnosis and to proceed with a more targeted treatment plan.
To ensure adequate 1ieterinary care, the AV will require appropriate facilities, personnel, equipment, and services deemed
necessary to perform the diagnostic tests essential for proper diagnosis and treatment, aligning with subpart sub part E
3.110 (f). At the time of inspection, the facility still has not acquired an endoscope.
3.101(a) Repeat
**Two dolphin pools in Dolphin Harbor are in disrepair. The medical pool has a section of concrete near the slide-out that
is broken, causing rough edges that could potentially injure the dolphins in that pool. Additionally, the steps in pool A are
also in similar disrepair, with sections of concrete missing, and needs to be repaired. A facility work order for both these
areas was submitted on August 21, 2023, but neither area has been addressed and there is no timeline stating when they
will be fixed. Enclosures must be maintained in good repair for the safety of the animals and the facility needs to make
correcti1ie actions in a timely manner once work orders are submitted to ensure the safety of the marine mammals.
**In sea lion holding, a metal grate that co1iers a pit, which is an access point to the filtration system, was not secured
after recent work and the inspector noted the grate was slightly shifted. This grate, if left unsecured, can be a potential
hazard to the sea lions in the holding as they can easily mo1ie the metal grate giving them access to the pit and
equipment, which could cause injury to the animals. This grate needs to be secured after e1iery time it is opened for the
safety of the animals.
3.103(c) Repeat
**The facility's perimeter fence has multiple areas that require attention due to disrepair. On the bay side, se1ieral support
beams were rusted at the base to the point the were no longer connected to the concrete, making it easy to mo1ie the
fencing significantly when pushed. These areas need prompt attention to maintain the structural integrity of the fencing in
this section.
**The perimeter fencing along the east side of the facility had se1ieral sections where razor wire was hanging down low
01ier the fence, posing a potential hazard and affecting the strength of the barbed wire that ensures the fencing is 6 feet
high. Defects in the perimeter fence can allow animals and unauthorized people to enter and exit the area, gaining access
to the animals at the facility. Stay cats were obser1ied entering the facility, and a few employees mentioned seeing foxes
on the grounds. Perimeter fencing must be regularly checked and maintained to ensure it protects marine mammals by
restricting animals and unauthorized persons from having contact with the marine mammals.
3.106(b)(1)
Water quality.

OFFICER
Received by Title: Facility Representati1ie Date:
07-DEC-2023
Page 2 of 6

iiillllll Inspection Report
From the last week in October throughout all of November, the coliform counts for sea lion holding GD 4 have been
excessively high, well over 1,000 Most Probable Number (MPN). While the pool was dropped and cleaned a few times
during that time, there were periods of time where the total coliform counts were excessively high without mitigation, the
longest being over one week, from November 1 - 7. Coliform counts were documented below:
25Oct23- >24,190.6 MPN
01Nov23- 9,200.8 MPN.
02Nov23->24, 190.6 MPN
03Nov23->24, 190.6 MPN
06Nov23->24, 190.6 MPN
14Nov23 - 17,320.9 MPN.
17Nov23- 3,070.6 MPN.
20Nov23- >24,190.6 MPN
24Nov23- >24,190.6 MPN
28Nov23- 6,860.7 MPN
High counts of coliform bacteria in the environments of marine mammals pose a risk to the health of these animals. The
facility must maintain water quality which is not detrimental to the health and the well-being of the animals and must
ensure that appropriate and effective corrective and preventive actions are taken when high coliform counts, or other
water quality concerns are detected.
Correct by: Dec 13, 2023
3.108(a) Repeat
The facility continues to have an inadequate number of trained employees in the Veterinary Care department. Currently a
single veterinarian is employed to care for the 46 marine mammals, 50 birds, and hundreds of fish, sharks and rays
housed at the facility. Without veterinary technicians, the veterinarian has had to postpone routine physical exams since
March, to allow for the continued prioritization of sick and/or urgent cases until additional staff can be hired. Insufficient
staffing can lead to poor husbandry practices and hinder the veterinary staffs ability to provide routine care and
maintenance for the animals. A sufficient number of adequately trained employees or attendants, responsible to
management and working in concert with the attending veterinarian, must be utilized to maintain the prescribed level of
husbandry practices.
3.150(c)(2) Repeat
In the Tropical Wings section, there are still multiple indoor and outdoor metal enclosures that showed evidence of
excessive rust. There are areas of bubbling and flaking paint due to rust and areas where the metal is rusted through.
3.151(b) Repeat

OFFICER
07-DEC-2023
Page 3 of 6
iliillllll Animal and Plant Health Inspection Service INS-0000906384
Inspection Report
Facilities, indoor
*The \entilation problem within the penguin indoor enclosure, housing 9 penguins, has not been addressed since the last
inspection. There is still an excessi\e accumulation of moisture condensation on the ceiling, leading to numerous spots of
black mold growth and areas of bubbling and peeling paint that are still visibly hanging down into the enclosure.
*The air filter in the \entilation duct for the penguin enclosure was remo\ed in August and has not been replaced.
Consequently, there is excess dust and debris blowing directly into the exhibit area. A mechanism is required to reduce
the amount of aerosolized debris entering the enclosure.
*While one of the bird trailers is in the process of being refurbished, the remaining trailer housing se\eral parrots still has
a strong noxious odor permeating the air. This odor is consistently present, and no windows were open at the time of the inspection
to aid in air flow. The facility has placed two air purifiers in this area; howe\er, there is still insufficient
\entilation.
Mold, mildew, poor air quality, and noxious odors can cause illness in birds. Indoor housing facilities must be sufficiently
and consistently \entilated when birds are present to ensure their health, to pre\ent discomfort or distress, and minimize
accumulations of moisture condensation, odors, and le\els of ammonia, chlorine,. and other noxious gases.
3.152(b)
Facilities, outdoor
There is no shelter from inclement weather in the flamingo yard. This yard houses 29 flamingos and is a large area
located near the entrance of the park. Storms and high wind e\ents are a frequent occurrence in this area. Outdoor
housing facilities must provide adequate shelter that is adequately \entilated in hot weather and that is large enough to
comfortably contain all the birds to pre\ent discomfort from direct sunlight, and offer effecti\e protection from excessi\e
rain, hail, or wind. This needs to be corrected for the welfare of the birds.
Correct by February 5, 2024.
3.153(a )(2)
Primary enclosures.
In the Tropical Wings section for the parrots, most of the perching needs to be replaced. Many of the wood perches ha\€
been chewed excessi\ely shortening their length and limiting the parrot's mo\ement around the area. Some of the
perches ha\€ been stripped and are so smooth that there is less grip for the birds as they mo\€ around. Perches that
enrich a bird's environment must be maintained in good condition. A sufficient number of perches must be available that
vary in size, shape, strength, texture and placement to comfortably hold all the birds. The manager for the area states that
she has tried unsuccessfully to order additional enrichment and perching for these birds. The perching for these birds
needs to be addressed for their psychological and physiological well-being.
Correct by January 10,2024.
3.154(c)(2)
Environment enhancementto promote psychological well-being.

OFFICER
Received by Title: Facility Representati\e Date:

07-DEC-2023
Page 4 of 6

iliillllllll Inspection Report
The facility has created an a an enrichment plan, but the plan does not consider the special needs of the birds that show
signs of being in psychological distress through beha or or appearance. The facility houses a bonded pair of macaws
that has feather plucked each other extensi-.,ely and a third parrot that has self-plucked and is housed alone. These birds
ha-.,e been identified but their additional enrichment needs ha-.,e not been documented. This needs to be addressed for
their psychological wellbeing.
Correct by: Dec 16, 2023
3.157(a)(2) Repeat
Water quality.
* In the enclosure housing 29 flamingos, there is still an area of poor drainage along the water feature where the ground
has eroded. There is also a trough that is part of the cement pond that does not connect to a functional drain. The staff
has started to add material to the area to reduce the amount of water but at the time of the inspection, this project was not
completed, and the size of this area is large. Stagnant water can attract pests, produce noxious odors, and could lead to
disease or illness in the animals.
*The coliform counts in flamingo pools ha-.,e been well o-.,er 1,00 MPN for the month of No-.,ember and are a current
concern by the AV. She has stated that she wants the coliform counts to be within industry standards for the birds which
is at or below 1,000 MPN. Counts documented:
01NO\.Q3- >24,190.6 MPN
08Nov23- >24,190.6 MPN
14Nov23- >24,190.6 MPN
24Nov23- >24,190.6 MPN
Pools or other aquatic areas without drainage systems must be aerated and ha-.,e an incoming low of fresh water or be
managed in a manner that maintains appropriate water quality in accordance with current professionally accepted
standards appropriate for the species.
3.159
Employees
Based on the number of non-compliant items identified in this report, this facility does not ha-.,e enough adequately trained
employees that can maintain the professional acceptable le-.,el of husbandry and handling practices for the animals in
their collection. Extensi-.,e maintenance is required for all bird areas to maintain enclosures in good repair for the safety
and health of the birds.
Correct by January 10, 2024.
This inspection and exit inte™ew were conducted with facility representati-.,es.

OFFICER
Received by Title: Facility Representati-.,e Date:
07-DEC-2023
Page 5 of 6
-USDA United States Department of Agriculture

Inspection Report
CKIRK EL-AMIN
INS-0000906384
Laurie Gage, Field Zoological Species Specialist
ANDREA D AMBROSIO, ANIMAL CARE INSPECTOR

OFFICER
Page 6 of 6

07-DEC-2023
Page 6 of 6
USDA (
\_ ' United States Department of Agriculture Customer: 6011009

iiiilllllll Animal and Plant Health Inspection Service Inspection Date: 28-Nov-2023
Species Inspected
Cust No Cert No Site Site Name Inspection


000009 Spheniscus demersus AFRICAN PENGUIN / CAPE PENGUIN
000004 Ara chloropterus RED-AND-GREEN MACAW I GREEN-WINGED MACAW
000005 Ara ararauna BLUE-AND-YELLOW MACAW I BLUE-AND-GOLD MACAW
Ara, Anodorhynchus, Primolius, Diopsittaca MACAW HYBRID

000001
spp hybrid
SULPHUR-CRESTED COCKATOO I GREATER SULPHUR-
000001 Cacatua galerita
CRESTED COCKATOO
000102 Total
Page 1 of 1
-,
Inspection Report
EGONZALEZ
INS-0000918958

Site: 001
Miami Seaquarium

Date: 09-JAN-2024
3.150(a) Repeat
The penguin building and indoor enclosure still have multiple problems that require attention. The metal frame around the
glass, both on the outside and inside of the door, is rusted and breaking off, causing sharp edges that could pose a
hazard to the penguins. Inside the enclosure, there are several areas where paint is peeling away from the walls and
ceiling, and sections of the drywall are breaking off in different corners near the water feature and rock outcrops. Rust
marks are running down the walls from rusty screws, and the main door frame is also rusted all the way around. The mold
on the ceiling is still present and needs to be addressed. This indoor area has multiple issues that need prompt
addressing and maintenance for the safety of the penguins.
3.101(a) Repeat
Two dolphin pools in Dolphin Harbor are still in disrepair. The medical pool has a section of concrete near the slide-out
that is broken, causing rough edges that could potentially injure the dolphins in that pool. Additionally, the steps in pool A
are also in similar disrepair, with sections of concrete missing, and needs to be repaired. The facility attempted a fix by
filling in the area, but the material used did not harden and was still soft when water levels were raised, hence it had to be
removed. Enclosures must be maintained in good repair for the safety of the animals, and the facility needs to make
corrective actions in a timely manner with materials designed to work in marine environments.
3.103(c) Repeat
The facility has made some repairs to the perimeter fence on the bay side but is planning on using a contractor to fix the
support beams that are rusted through at the base and no longer connected to the concrete. Due to high boat traffic on
this side of the park, these areas still require prompt attention to maintain the structural integrity of the fencing in this
section.
The perimeter fencing along the east side of the facility had several sections where razor wire was hanging down low over
the fence, posing a potential hazard and affecting the strength of the barbed wire that ensures the fencing is 6 feet high.
Defects in the perimeter fence can allow animals and unauthorized people to enter and exit the area, gaining access to
the animals at the facility. Stray cats were still observed entering the facility. Perimeter fencing must be regularly checked

OFFICER

16-JAN-2024
Page 1 of 2
Date:
Prepared By: E GONZALEZ

OFFICER

16-JAN-2024
Page 2 of 2

EGONZALEZ
INS-0000918958
Inspection Report
and maintained to ensure it protects marine mammals by restricting animals and unauthorized persons from having
contact with the marine mammals.
3.106(b)(1) Repeat
Water quality.
The facility is still struggling with coliform counts that are excessively high, well over 1,000 Most Probable Number (MPN)
in sea lion holding pools in Golden Dome, specifically GD 4. When the numbers are this high, divers are not permitted to
dive and clean pools; the pools must be dropped to bring numbers back to safe levels. Coliform counts were documented
below:
04Dec23- 9,208 MPN
05Dec23- 24, 290 MPN
06Dec23- 1,170 MPN
13Dec2023- 4,884 MPN
26Dec2023- 1,259 MPN
31Dec2023- 24, 190 MPN
01Nov23- 9,200.8 MPN
High counts of coliform bacteria in the environments of marine mammals pose a risk to the health of these animals. The
facility must maintain water quality which is not detrimental to the health and the well-being of the animals and must
ensure that appropriate and effective corrective and preventive actions are taken when high coliform counts, or other
water quality concerns are detected.
3.150(c)(2) Repeat
In the Tropical Wings section, there are still multiple indoor and outdoor metal enclosures that showed evidence of
excessive rust. There are areas of bubbling and flaking paint due to rust and areas where the metal is rusted through.
ANDREA DAMBROSIO, ANIMAL CARE INSPECTOR

OFFICER

16-JAN-2024
Page 3 of 2
Date:
Prepared By: E GONZALEZ

OFFICER

16-JAN-2024
Page 4 of 2

Animal and Plant Health Inspection Service Inspection Date: 09-Jan-2024
Species Inspected


000009 Spheniscus,demersus AFRICAN PENGUIN/ CAPE PENGUIN
000004 Ara chloropterus RED-AND-GREEN MACAW/ GREEN-WINGED MACAW
Ara, Ano<:Jorhynchus, Primolius, Diopsittaca MACAW HYBRID

000001
spp hybnd
SULPHUR-CRESTED COCKATOO/ GREATER SULPHUR-

000001 Cacatua ga/erita
CRESTED COCKATOO
000003 Cacatua alba WHITE COCKATOO/ UMBRELLA COCKATOO
000098 Total
Page 1 of 1
s:::::::;:; Animal and Plant Health Inspection Service INS-0000947321
Inspection Report

Site: 001
Miami Seaquarium

Date: 12-JAN-2024
2.4 Critical
Non-interference with APHIS officials.
The facility caused delays for inspecting and implemented new procedures for USDA inspections that interfered with
APHIS officials from assessing compliance with the Animal Welfare Act. USDA Inspectors arrived at the facility on
January 9, 2024 between 9:00-9:30am, and they met with the facility manager and requested to conduct an inspection.
Miami-Dade county representatives also happened to be on site and inspectors met with the county while waiting for the
facility to gather the needed personnel to guide the inspection. The facility manager then said they needed to consult with
their lawyers as to the inspectors' nature of inspection and asked for copies of identification. This delay lasted two hours.
In the meantime, inspectors asked to review requested paperwork, but the facility further delayed, indicating that their
legal team would have to review them first. USDA had to insist to get immediate access to the records. The physical
walkthrough of the facility began 4.5 hours after the inspectors' arrival.
On the second day of inspection, upon arrival, APHIS officials were informed that the owner of the company would now
be requiring the facility staff to video record the inspection process and that no employee was to be alone with APHIS
officials. This was concerning to inspectors. Additionally, when inspectors asked questions while on video, facility staff
appeared uncomfortable: they asked why they were being recorded and stated that they were uncomfortable with the
recordings. Staff members were interviewed on camera, but during the inspection, staff members confided in inspectors
that what they stated on camera was not the whole truth as they were not comfortable to be forthcoming with all the
relevant details. The facility CEO stated that if the employees wanted to speak to USDA alone, the employee would have
to come to management and inform them beforehand.
Delaying the inspection process and eliciting fear and intimidation towards facility employees interferes with APHIS
officials' abilities to assess a facility's compliance with the Animal Welfare Act as inspectors require truthful answers from
employees regarding the health and welfare of a facility's animals. A licensee shall not interfere with any APHIS official in
the course of carrying out his or her duties.
Correct from this day, January 12, 2024, forward.

2.40(b)(1) Direct Repeat

USDA, APHIS, Animal Care 20-MAR-2024
OFFICER

20-MAR-2024
Page 1 of 6

EGONZALEZ
INS-0000947321
Inspection Report
The AV stated during inspection that under the current situation with extremely limited veterinary staff, multiple critically ill
patients and difficulty obtaining diagnostic equipment/services, she cannot provide appropriate veterinary care for his
condition. Additionally, the facility does not currently have a dedicated intensive care area (dry dock) for a male animal of
Bud's size.
On inspection, the AV expressed intent on performing x-rays of Bud's lungs to assess his lung health. Due to emerging
critical issues with other animals, the AV couldn't confirm this procedure could be performed timely at her prescription.
The AV also indicated that she would want to get additional CT diagnostic imaging to guide Bud's medical care. CT
diagnostic imaging of animal Bud's size would require him to undergo general anesthesia. However, the facility is unable
to provide the necessary specialists for this procedure to occur. Without appropriate resources, the veterinary staff is
unable to maintain the proper level of care to relieve this animal from suffering and this lapse may ultimately lead to his
death
• Bimini, a 24-year-old female Atlantic Bottlenose dolphin, has a complicated medical history and, per the AV, requires
specialized diagnostic procedures for adequate veterinary care that cannot currently be provided by the facility. According
to her medical record, Bimini has been on at least 2-3 medications (antifungals, antibiotics, and corticosteroids) since
September 2022 to treat persistent and serious pulmonary disease. Her last computed tomography (CT} imaging in
February 2023 identified multiple bilateral rib fractures in various stages of healing, some acute and causing pleural
lesions; marked tracheal stenosis; moderate to severe diffuse lung disease with significant bronchiectasis; bilateral
nephrolithiasis and fluid distending both uterine horns. Bimini's multiple bilateral rib fractures in various stages of healing
are indicative of conspecific aggression that require experienced, diligent care by training staff to ensure appropriate
social grouping as well as secure barriers and fencing separating aggressive animals. Multiple rib fractures from several
attacks resulted in pain and suffering. Marked tracheal stenosis which denotes her limited ability to breathe in/out air and
could be appreciated by USDA VMOs on physical examination. Her chuff (exhale) was harsh with a deep raspy character
to it. Overall, the significant internal disease noted on the radiology report requires further follow up as noted by the AV.
Bimini's pulmonary disease significantly affects her respiratory effort and quality of life. In conversations with training staff,
Bimini is under the direction by the AV who has restricted her from performing rides, tail pops, bows and side breaches
that may exacerbate her respiratory distress. Inspectors asked trainers to have Bimini demonstrate an approved behavior,
and upon return to her trainer, Bimini produced an abnormal sounding forced exhalation which sounded uncomfortable.
This sound is similar to the chuff heard at rest, but shorter. An associate veterinarian prescribed that Bimini receive a
follow-up CT imaging and bronchoscopy in September 2023 prior to any adjustments to her current treatment plan.
However, due to the lack of veterinary staff, equipment and specialists (CT imaging and anesthesia), and more pressing
critical animal care cases, the AV has been unable to execute her recommendation from four months ago. Atlantic
Bottlenose dolphins with respiratory abnormalities often experience a rapid decline in health which can result in
pneumonia and death. They would require immediate veterinary attention with appropriate diagnostic equipment onsite as
well as highly experienced staff to provide appropriate veterinary care and to alleviate suffering.
• Aries, a 21-year-old male Atlantic Bottlenose dolphin, has a history of severe regurgitation with ongoing medical
conditions. At the time of this inspection, USDA Veterinary Medical Officers (VMOs) noted his poor body condition as
noted by prominent lateral vertebral spinous processes and semi-prominent scapulas. On lateral presentation, the
transverse vertebral processes along the peduncle left severe shadows indicative of his thin body condition. He had a
narrowing behind the melon creating an abnormal peanut-like shape of the head and torso of his body. Two USDA
veterinarians determined he had a body condition score of 2 out of 5. Trainer records reviewed during current and

OFFICER

20-MAR-2024
Page 3 of 6

EGONZALEZ
INS-0000947321
Inspection Report
psychological distress.
The facility has failed to provide adequately trained personnel, equipment, facilities and services for the aforementioned
animals requiring specialized veterinary care. A single veterinarian without sufficient staff and resources cannot effectively
address the complex and increasingly deteriorating conditions of these six critical animals nor address routine medical
issues that occur day to day with the remaining 43 marine mammals, 47 birds and reptiles, fish, sharks and rays the
licensee maintains at the park.
The licensee, MS Leisure Inc., shall maintain a program of adequate veterinary care that includes the appropriate
facilities, personnel, equipment, and services to provide for all animals, both healthy and requiring specialized veterinary
care, maintained at their facility.
3.108(a) Critical Repeat
There remains an insufficient number of adequately trained employees to care for the facility's animals since the last
inspection. The facility has adjusted staffing levels on days they are closed to the public with staffing of three (3) trainers
per area on closed days and then increasing to five (5) to six (6) trainers on days they are open to the public, specifically
for shows and guest interactions. The staffing level is the same despite the number of animals in the area, three (3) total
trainers are assigned to each of the following areas: Golden Dome consisting of 8 Harbor seals and 13 Sea Lions;
Dolphin Harbor with 12 dolphins; Flipper pool with 6 dolphins. Regardless of the park being open or closed, the dolphins,
harbor seals and sea lions require the same level of husbandry care, training sessions and enrichment daily. Over the
past month, several dolphins and sea lions have been ill, requiring additional observation time and husbandry care to
manage their medical care needs. On days when the park is closed, employees from the life support team or other areas
are pulled to assist in handling animals despite not having marine mammal experience. Additionally, the staff at
Flipper/Top Deck have limited experience as the manager for the area stated that she cannot leave them unsupervised
during shows or public interactive sessions. This particular area oversees male bottlenose dolphins that are
demonstrating behavioral challenges, including the holding and mouthing of non food items by Ripley and chronic
regurgitation by Aries.
***A 20.5 year old female sea lion, Sushi, had been in the designated treatment area for over a month and on Dec 18,
2023 she ate only 8 of 12 pounds of fish offered. On subsequent days, her diet amount fed out and the quality of her
interactions with trainers decreased, per reviewing training records. She began to eat only intermittently unless given an
appetite stimulant. Even though the area had two critical sea lions, as designated by the AV, staffing remained at the
same levels of three trainers assigned to this area on park closed days or five to six when the park was open.
***A 19.5 year old adult male sea lion, Bud, was showing signs of illness and went off food starting Dec 8, 2023 and
remained anorectic for 11 days. On day 4 of his inappetance, while the park was closed, he was placed on 24-hour watch
with the team consisting of three trainers. On Dec 15, 2023 the park closed early due to storms and although Bud was still
on 24- hour watch and at no food consumption for 8 days; 4 of the 6 trainers assigned to the area were sent home.
***Ongoing and unresolved regurgitation issues with Aries is a health concern as this dolphin has been identified thin, 2.5
BSC out of 5 by the AV, with no additional blubber storage going into colder water temperatures during the winter months.

OFFICER

20-MAR-2024
Page 5 of 6

Animal and Plant Health Inspection Service Inspection Date: 12-Jan-2024
Species Inspected


000001 Ara mifitaris MILITARY MACAW

000001
spp hybrid

CRESTED COCKATOO
000098 Total
Page 1 of 1

Inspection Report
CPALMER
INS-0000923643

Site: 001
Miami Seaquarium

Date: 30-JAN-2024
3.150(a) Repeat
The penguin building and indoor enclosure has not been kept in good repair. The ceiling, Inside the enclosure, has
multiple areas of sagging, peeling paint. Rust like stains run down the walls from numerous screws and several patches of
round, black, mold-like substance can be observed diffusely across the ceiling. Keeping these facilities in good repair
protects the animals from harm or injury. Housing facilities for birds must be designed so that they are structurally sound
for the species of bird housed in them and must be kept in good repair.
3.101(a)(1) Repeat
The Golden Dome stage was not kept in good repair. At the time of inspection, a heart shaped section, approximately
3"X3" wide and .5" deep, was missing from the top coating of the stage floor. This missing section was located to the left
of center stage and created a rough surface for the animals to slide across. Rough surfaces can cause harm or injury to
the animals as they slide or scoot across them. Outdoor housing facilities for marine mammals must be structurally sound
and must be maintained in good repair to protect the animals from injury. The defect in the surface of the stage floor was
corrected at the time of inspection.
3.150(c)(2) Repeat
In the Tropical Wings section, there are multiple surfaces with rust or damage. The outdoor perches have colorful metal
cones that can be used as shade and shelter for the birds being exhibited outdoors. Several of these cones have areas
around the bottom lip with flaking paint and rusty surfaces. Most of the metal enclosures used to house the birds when
they are off display, have areas of bubbling and flaking paint due to rust and areas where the metal is rusted through.
birds to injure themselves and prevent proper cleaning and sanitization of a surface. Any surfaces, that come in contact
with the birds, must be free of rust or damage that affects the structural integrity of the surface or prevents cleaning.

USDA, APHIS, Animal Care 08-FEB-2024
Title: SUPERVISORY ANIMAL CARE
SPECIALIST
Page 1 of 2

08-FEB-2024
Page 1 of 2

iiillll Animal and Plant Health Inspection Service Inspection Date: 30-Jan-2024
Species Inspected

Ara, Ano<:forhynchus, Primolius, Diopsittaca MACAW HYBRID

000001
spp hybnd
000002 Amazona autumna/is RED-LORED PARROT/ RED-LORED AMAZON

CRESTED COCKATOO
000001 Cacatua mo/uccensis SALMON-CRESTED COCKATOO/ MOLUCCAN COCKATOO
000097 Total
Page 1 of 1

Inspection Report
CPALMER
INS-0000923643

Site: 001
Miami Seaquarium

Date: 30-JAN-2024
3.150(a) Repeat
The penguin building and indoor enclosure has not been kept in good repair. The ceiling, Inside the enclosure, has
multiple areas of sagging, peeling paint. Rust like stains run down the walls from numerous screws and several patches of
round, black, mold-like substance can be observed diffusely across the ceiling. Keeping these facilities in good repair
protects the animals from harm or injury. Housing facilities for birds must be designed so that they are structurally sound
for the species of bird housed in them and must be kept in good repair.
3.101(a)(1) Repeat
The Golden Dome stage was not kept in good repair. At the time of inspection, a heart shaped section, approximately
3"X3" wide and .5" deep, was missing from the top coating of the stage floor. This missing section was located to the left
of center stage and created a rough surface for the animals to slide across. Rough surfaces can cause harm or injury to
the animals as they slide or scoot across them. Outdoor housing facilities for marine mammals must be structurally sound
and must be maintained in good repair to protect the animals from injury. The defect in the surface of the stage floor was
corrected at the time of inspection.
3.150(c)(2) Repeat
In the Tropical Wings section, there are multiple surfaces with rust or damage. The outdoor perches have colorful metal
cones that can be used as shade and shelter for the birds being exhibited outdoors. Several of these cones have areas
around the bottom lip with flaking paint and rusty surfaces. Most of the metal enclosures used to house the birds when
they are off display, have areas of bubbling and flaking paint due to rust and areas where the metal is rusted through.
birds to injure themselves and prevent proper cleaning and sanitization of a surface. Any surfaces, that come in contact
with the birds, must be free of rust or damage that affects the structural integrity of the surface or prevents cleaning.

USDA, APHIS, Animal Care 08-FEB-2024
SPECIALIST
Page 1 of 2

08-FEB-2024
Page 1 of 2

iiillll Animal and Plant Health Inspection Service Inspection Date: 30-Jan-2024
Species Inspected

Ara, Ano<:forhynchus, Primolius, Diopsittaca MACAW HYBRID

000001
spp hybnd
000002 Amazona autumna/is RED-LORED PARROT/ RED-LORED AMAZON

CRESTED COCKATOO
000001 Cacatua mo/uccensis SALMON-CRESTED COCKATOO/ MOLUCCAN COCKATOO
000097 Total
Page 1 of 1

CPALMER
INS-0000943681
Inspection Report

Site: 001
Miami Seaquarium

Date: 05-MAR-2024
3.150(a) Repeat
The penguin building and indoor enclosure are still not in good repair. The ceiling inside the enclosure has multiple areas
of sagging, peeling paint. Rust like stains run down the walls from numerous screws and several patches of round, black,
mold-like substance can be observed diffusely across the ceiling.
Keeping these facilities in good repair protects the animals from harm or injury.
Housing facilities for birds must be designed so that they are structurally sound for the species of bird housed in them and
must be kept in good repair.
2.40(b)(2) Direct
The facility failed to use appropriate methods to control disease. On February 23, 2024, Monty, a blue and gold macaw
was confirmed positive for Pacheco's disease via serology and choanal/cloacal swab. At the time of inspection, Monty
was observed on exhibit with other birds in the facilities flock.
Pacheco's disease is a highly infectious and deadly bird disease. Exposure to infected birds can lead to the spread of the
disease to other birds.
Each exhibitor shall establish and maintain programs of adequate veterinary care that include appropriate methods to
prevent, control, diagnose, and treat diseases. To be corrected immediately, March, 7, 2024.
3.103(c)(1)
The facility still needs to make repairs to the perimeter fence. Many support beams are still rusted through at the base and
are no longer connected to the concrete and require prompt attention to maintain the structural integrity of the fencing in
this section. Areas at the base of the fence have gaps and are not continuous with the floor.

SPECIALIST

07-MAR-2024
Page 1 of 2
Date:
Prepared By: CHARLES PALMER

SPECIALIST

07-MAR-2024
Page 2 of 2
USDA United States Department of Agriculture CPALMER
?:==j Animal and Plant Health Inspection Service INS-0000943681
Inspection Report
Defects in the perimeter fence can allow animals and unauthorized people to enter and exit the area, gaining access to
the animals at the facility. Stray cats were still observed at the facility.
Perimeter fencing must be regularly checked and maintained to ensure it protects marine mammals by restricting animals
and unauthorized persons from having contact with the marine mammals.
3.150(c)(2) Repeat
In the Tropical Wings section, there are areas of flaking paint under metal cone shade structures where birds have
pecked. The higher placed perches allow larger birds to have access to the bottom lip of the painted cones. Additionally,
about six of the metal enclosures used to house the birds when they are off display have areas of bubbling and flaking
paint due to rust and areas where the metal is rusted through.
birds to injure themselves and prevent proper cleaning and sanitization of a surface.
Any surfaces, that come in contact with the birds, must be free of rust or damage that affects the structural integrity of the
surface or prevents cleaning.
MARIO MERCADO, VETERINARY MEDICAL OFFICER
KRISTIN NAPOLI, SUPERVISORY ANIMAL CARE SPECIALIST
USDA, APHIS,
Prepared By: CHARLES PALMER
Animal Care
SPECIALIST

07-MAR-2024
Page 3 of 2
Date:
07-MAR-2024

SPECIALIST

07-MAR-2024
Page 4 of 2

Customer: 6011009
Inspection Date: 05-Mar-2024
Species Inspected
Gust No Cert No Site Site Name lnse,ection

6011009 58-C-1252 001 Miami Seaquarium 05-MAR-2024


000001
spp hybnd

000001 Cacatua galerita CRESTED COCKATOO
000001 Cacatua moluccensis SALMON-CRESTED COCKATOO/ MOLUCCAN COCKATOO
000095 Total
Page 1 of 1

Gwen Myers Affidavit

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Case 1:24-cv-21477-JB Document 14-1 Entered on FLSD Docket 05/09/2024 Page 1 of 75

UNITED STATES DISTRICT COURT

DECLARATION OF DR. GWEN MYERS IN SUPPORT OF MIAMI DADE

DECLARATION OF DR. GWEN MYERS

competent and qualified to make this Declaration.

2. I am employed by the Miami-Dade County at Zoo Miami as the Chief of Animal

3. I received my Doctorate in Veterinary Medicine from the Virgina-Maryland

College of Veterinary Medicine in 1999.

including amphibians, fish, birds, reptiles, and mammals.

the Endangered Species Act.

Species Act that are currently housed at the Seaquarium.

the regulations imposed on zoos and aquariums.

by the Endangered Species Act.

Migratory Bird Treaty Act.

OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA

11. I have visited Seaquarium on the following dates:

a. February 22, 2024

c. March 27, 2024

d. April 15, 2024

12. During my visits to the Seaquarium I witnessed:

b. Lack of adequate veterinary staffing

c. Lack of essential veterinary equipment

d. Poor water quality

e. Sick and/or injured animals

f. Animals without sufficient needs e.g. parrot without water

g. Extremely high numbers of invasive species such as iguanas

h. Seaquarium staff supporting and condoning feral cats

i. Poor sanitation and mold in enclosures

j. Peeling paint within animal holding spaces

k. Large amount of rust within animal holding spaces

Inspection Reports Attached as Composite Exhibit A hereto.

a. July 6, 2022 Inspection Report

b. October 16, 2023 Inspection Report

c. April 11, 2023 Inspection Report

d. July 17, 2023 Inspection Report

e. November 2, 2023 Inspection Report

f. November 28, 2023 Inspection Report

g. January 9, 2024 Inspection Report

h. January 12, 2024 Inspection Report

i. January 30, 2024 Inspection Report

j. March 5, 2024 Inspection Report

inspections of the facility.

Executed on this 9th day of May, 2024.

GWEN MYERS, DVM

Exhibit to Declaration of Gwen Myers, D.V.M.

MS Leisure Company, Inc. Customer ID: 6011009

Type: FOCUSED INSPECTION

Prepared By: E GONZALEZ Date:

) Received by Title: Facilit}:'. Re resentative Date:

inspection identify the following concerns for each dolphin affected:

Prepared By: E GONZALEZ Date:

) Received by Title: Facility Representative Date:

spinous processes and loss of mass in her peduncle.

and neck with some lateral spinous processes still visible.

the peduncle as well as muscle mass loss in the peduncle area.

Prepared By: E GONZALEZ Date:

) Received by Title: Facility Representative Date:

began increasing the animals' diets as instructed.