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