The owners of the Miami Seaquarium demanded Monday that Miami-Dade County rescind its decision to terminate the attraction's lease, saying the county overlooked its efforts to correct the violations regarding the animals it cares for and its facilities.
In a nine-page letter addressed to the county, park operator The Dolphin Company said the lease agreement with the county remains "valid and binding" and that it received the notice with "grave concern and disappointment." It claimed Miami-Dade's actions overstepped the legal authority of the U.S. Department of Agriculture, the Florida Wildlife Commission and the county's Board of Commissioners.
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WATCH HERE"The prospect of terminating our lease does not only jeopardize the future of this beloved institution but also has far-reaching implications for the community we serve and the dedicated team that makes our mission possible," executive director Edwin Gonzalez said in part.
Miami-Dade County Mayor Daniella Levine Cava sent a "Notice of Termination of Lease" letter Thursday to Eduardo Albor, the president of The Dolphin Company, citing a "long and troubling history of violations." The company was told to vacate the property by April 21. The lease was originally set to be up in 2044.
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“We have put out very clearly what the violations of the lease are and we are basing it on our own inspections and observations as well as the inspection from the US Department of Agriculture," Levine Cava said Monday before the Dolphin Company's response. "I think enough is enough and it's time that we proceed."
NBC6 reached out to the mayor's office for a response to the letter.
In its rebuttal, The Dolphin Company described how in a July 2022 inspection report, the USDA documented a noncompliance over the Seaquarium's decrease in the dolphin's food portions.
"The Seaquarium immediately corrected the noncompliance, and the USDA removed its concern in the subsequent Inspection Report on November 14, 2022," the letter stated.
The Dolphin Company also claimed the Seaquarium "has never been the subject of an USDA administrative enforcement action and has never been adjudged as having 'violated' the AWA."
The park operator also claims it took immediate steps to correct the county's code violations for unsafe structures, "cured all structural deficiencies" in a USDA inspection report, and invested over $200,000 to replace a floating dock in Flipper Stadium.
"We are committed to addressing any remaining concerns through dialogue and collaboration," Gonzalez said. "Our shared goal is the welfare of our marine inhabitants, professional team and the continued enjoyment and education of our visitors."
Levine Cava called the lease termination "inevitable" and said the park repeatedly violated the terms of their lease.
"The Seaquarium has a long and troubling history of repeated, continuous violations of their contractual obligations to keep the property in a good state of repair, maintain animal welfare in accordance with applicable laws and to comply with the lease," Levine Cava said. "Terminating the lease is the best path forward for the safety of the animals as well as the safety of residents and visitors."
One report prepared in January by the United States Department of Agriculture's Animal and Plant Health Inspection Service details the conditions found at the Seaquarium during a routine inspection on Oct. 16: a nail was found in one dolphin's throat, a sea lion was suffering eye pain, and questionable conditions at animals' enclosures.
Another USDA report from November found dolphin pools in disrepair and high counts of bacteria in the water where marine mammals are kept, among other issues.
The Miami Seaquarium was famously home to Lolita, the beloved orca that died back in August. Animal rights activists had sought her freedom for years. The orca spent much of her life in a tank that measures 80 feet by 35 feet and is 20 feet deep, and stopped performing in shows at the Seaquarium in 2022.
The Seaquarium opened in 1955 overlooking Biscayne Bay and was among the first theme parks devoted to marine life. It garnered international attention in the 1960s when the television series “Flipper” was filmed there.
