Era of SPCA cops may end in N.J.–might be good news for animals

From ANIMAL PEOPLE, May 2001:

TRENTON, N.J.–“The time has come to repeal the government
authority vested in Societies for the Prevention of Cruelty to
Animals, and place the function of enforcing cruelty laws within the
government’s stratified hierarchy of law enforcement,” the New
Jersey State Commission of Investigation reported on April 25 to five
state and federal law enforcement agencies and numerous state
regulatory boards.

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Testing common gases

From ANIMAL PEOPLE, May 2001:

 

WASHINGTON D.C.–American Petroleum Institute chief
toxicologist Lorraine Twerdok doesn’t like to do animal testing, she
told ANIMAL PEOPLE on April 12. Twerdok said the Petroleum HPV
Testing Group headed by the American Petroleum Institute would do
animal testing to the extent required to satisfy concerns about
public health and safety, but stipulated that using animals was
never their first choice of methods if another approach could be used.

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Botswana lions are ex-President Bush meat

From ANIMAL PEOPLE, May 2001:
Botswana lions are ex-President Bush meat: Old George Bush lobbies for Safari Club; young Bush attacks ESA

GABORONE, Botswana; JOHANNESBURG, South Africa; HARARE, Zimbabwe; WASHINGTON D.C.–“You might call the lions of southern Africa potential Bush meat,” wrote Manchester Guardian correspondent Chris McGreal from Johannesburg on April 27. “Former U.S. President, George Bush, father of the current President, and his old Gulf War ally, General ‘Stormin’ Norman’ Schwarzkopf, are pleading with the government of Botswana to be allowed to revive their old alliance,” McGreal explained, “this time in pursuit of Africa’s endangered big cats. Bush is among the prominent members of Safari Club International who have asked Botswana to lift a ban slapped on the trophy hunting of lions in February. Bush’s former vice president, Dan Quayle, is also a signatory.”

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Institutional cases

From ANIMAL PEOPLE, May 2001:

 

Walla Walla, Washington county prosecutor Jim Nagle has “determined that criminal prosecution was not warranted” for alleged violations of humane slaughter and anti-cruelty laws at the Iowa Beef Packing plant in Wallula, the Washington State Department of Agriculture announced in mid-April, 11 months after receiving undercover video from the Humane Farming Association which showed cattle being skinned and dismembered while alive and conscious. The WSDA case summary said that Nagle “concluded there was insufficient admissible evidence to prove criminal corporate liability” because “the acts were not done by employees in the course of employment,” and “unedited video showed that employees took corrective action” when conscious animals were seen. Therefore, the WSDA continued, Nagle “could not conclude that the alleged activity would benefit IBP or that there was evidence of intent to benefit…Neither was there any basis for imputing the alleged acts to” IBP, though the improper stunning allegedly resulted from trying to kill cattle at too fast a pace. Nagle was said to be “particularly concerned that the unedited video demonstrated HFA’s intent to promote a particular agenda through the edited tape, such that all evidence developed by HFA was discredited.” The ruling appeared to contradict the precepts of criminal law that crimes cannot be retracted and that physical evidence is not necessarily negated by observer bias.

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Animal Liberation author Peter Singer stirs the pot with essay on bestiality

From ANIMAL PEOPLE, April 2001:

AUGUSTA, Maine.; PITTSBURGH, Pa.; PRINCETON, N.J.; SAN FRANCISCO, Calif.–Philosopher Peter Singer, always provocative, did it again on March 12 with an essay for the online magazine <www.nerve.com> entitled “Heavy Petting.” Asking why people think what they think and take the positions they do on human/animal sexual relations, Singer at e-mail speed sparked perhaps as much quick uproar as he did when the first reviews of his 1974 book Animal Liberation appeared.

Then too, Singer was accused of trying to upset the natural order.Now chairing the Princeton Univer-sity Center for Human Values, Singer cofounded the Australian advocacy group Animal Liberation, and succeeded Henry Spira, who died in September 1998, as president of Animal Rights International. Singer’s main career, however, is making people think about many of the hottest topics in public discourse: euthanasia, for example, and whether or not society should try to save newborns with birth defects so severe that they seem to have little chance of enjoying their existence. Though Singer himself is Jewish, and most of his family died in the Nazi holocaust, he is frequently picketed as an alleged advocate of eugenics and worse.

Though he gives generously to anti-hunger projects, especially Oxfam, he is often accused of being anti-human.
Comparably paradoxical denunciations of “Heavy Petting” flew thick and fast. “Once an Ivy League professor is known to be a proponent of infanticide, perhaps nothing he says or writes should raise eyebrows,” began Kathryn Jean Lopez, the associate editor of National Review.

Her real target, however, appeared to be Princeton president Harold Shapiro, chair of the National Bioethics Advisory
Commission ever since it was formed eight years ago by former U.S. President Bill Clinton. “The commission’s charter expires in October, and its very existence should be reconsidered,” Lopez wrote.

At a glance, Shapiro’s advisory role on biotech would seem to have little to do with Singer’s views on psychology, sociology, and animal welfare. However, while Shapiro ponders the issues raised by transferring genes across species barriers, Singer dared question whether interspecies biological activity associated with genetic transference is inherently more “unnatural” than inserting a glow-in-the-dark gene from a jellyfish into a rhesus macacque, as
was done in January 2001 by Oregon Health Science University staff working at the Oregon Regional Primate Center.

Lopez seemed to be offended by Singer explaining that “a human male who has sex with hens ultimately kills the hen,” yet asking if that is “worse than what egg producers do to their hens all the time.” Lopez did not, however, attempt to form an answer on either side of the question.

Other rips at Singer and “Heavy Petting” were distributed by New Republic contributing editor and George Mason University Law School teacher Peter Berko-witz; syndicated columnist Debra J. Saunders; and Rutgers University animal rights law professor Gary Francione, whose perspective is generally as far left as Lopez is to the right.

Fumed Friends of Animals president Priscilla Feral, “When FoA questioned Singer’s views, he replied, ‘If sexual contact between a human and an animal was not contrary to the desires of either, gave pleasure to both, and caused no harm, present or future, to either, would it be bad? If so, why?’ Obviously, the animal rights movement needs to distance itself from Singer.” Standing close to a lightning rod could be deadly–but Feral did not try to answer the question Singer asked, either.

Tennessee Network for Animals director Don Elroy, who has pursued passage of an anti-bestiality law in a state which now has none, disregarded the conditions built into Singer’s question of Feral; equated all bestiality with imposing the human will upon an animal, although the example Singer gave in his essay of a dog rubbing himself against a human leg would not seem to fit that definition; and concluded that, “While Singer may be thought of as the ‘father of the animal rights movement,’ the views he has expressed are farther from what the movement stands for than most of
the attacks from detractors.”

Singer was prominently defended within the animal rights movement only by PETA founder Ingrid Newkirk. “Heavy Petting,” said Newkirk, is “daring, honest, and does not do what some people read into it, which is condone any violent acts involving an animal, sexual or otherwise.” Singer’s bottom line: “We are animals…great apes. This does not make sex across the species barrier normal, or natural, but it does imply that it ceases to be an offense to our status and
dignity as human beings.”

Current court cases

But Singer wrote with three bizarre criminal cases involving suspected use of animals for sexual gratification in the headlines:

* A San Francisco grand jury on March 27 indicted attorneys Robert Noel, 59, and Marjorie Knoller, 45, who are husband and wife, for involuntary manslaughter and failure to control an animal. Knoller was also indicted for second degee murder. Noel and Knoller were charged in connection with how they allegedly trained two Presa Canario dogs, whom they were keeping for prison lifers Dale Bretches, 44, and Paul Schneider, 38. Bretches and Schneider are
reputed leaders of the white supremacist Aryan Nations gang. On January 26 the dogs broke away from Knoller and killed Diane Whipple, 33. Three days after the attack, Noel and Knoller legally adopted Schneider–who reportedly had a collection of “X-rated” photos of Knoller in his cell. The warrant authorizing the search sought, among other things, “any materials or correspondence describing sexual acts by Noel or Knoller that involve dogs.” Whether any were
found, however, and what bearing they may have on the case, has not been disclosed.

* The indictments came the same day that Phillip Buble, 44, of Parkman, Maine, testified to the Maine legislature’s criminal justice committee in opposition to a bill to create a felony penalty for bestiality. Buble stated that he and his dog, Lady Buble, “live together as a married couple, in the eyes of God.” Phillip Buble’s father, Frank Buble, 71, was on February 27 sentenced to nine months in jail for beating Phillip Buble with a crowbar on September 13, 1999. Frank Buble told police that he was trying to kill his son because he was sick of the son’s behavior. Phillip Buble told the legislative committee that the dog saved him from the attack.
* In Butler County, Pennsylvania, Tammy L. Felbaum, 42, born Tommy Wyda, has been held since February 25 on multiple counts of cruelty to animals allegedly involving both violence and neglect. She was also charged with homicide on March 13. Her sixth husband, James John Felbaum, 40, was on February 25 found dead from a castration that Tammy Felbaum says J.J. Felbaum did himself. Tammy Felbaum is believed to have castrated herself in 1980 in order to force her doctor to consent to her having a surgical change of gender. A previous husband, Tim Charles Barner, 51, is missing and may also have been castrated by Felbaum, police said. Both J.J. Felbaum and Tammy Felbaum had prior arrests for drug-related offenses.

ANIMAL PEOPLE has received documentation since 1992 of only 22 bestiality cases within the U.S., involving 20 perpetrators, who allegedly committed acts with 17 horses, 10 dogs, five cats, four cows, three sheep, and a pig. This makes bestiality the rarest of all animal-related offenses. The most common is mass neglect, with cases on file involving more than 1,000 perpetrators and more than 50,000 animal victims. One nation, South Africa, records more than 80% of all known bestiality cases, with 284 convictions in 1997-2000 alone.

IRS probes alleged self-dealing by Humane Society of U.S. lawyers

From ANIMAL PEOPLE, April 2001:
WASHINGTON D.C.– Humane Society of the U.S. general counsel and vice president Roger A. Kindler, 51, and HSUS senior counsel Murdaugh Stuart Madden, 79, did not respond before the April 2001 ANIMAL PEOPLE deadline to a March 21 invitation to comment on a formal allegation by former HSUS employee Nancy E. Dayton, of Lodi, New York, that Kindler and Madden “engage in undocumented and unaccounted excess benefit transactions, and have done so since at least 1993.”

The IRS advised Dayton on March 16, she told ANIMAL PEOPLE, that her complaint has been assigned to an investigator. Identifying herself as “former Legal-Executive Secretary/ Office Manager, Office of the General Counsel, HSUS,” Dayton complained to the IRS on January 28, 2001. “On August 22, 2000,” Dayton wrote in her complaint, “I met with Paul G. Irwin, President/ CEO of HSUS. I told Mr. Irwin my concerns. I further informed Mr. Irwin of my concern that HSUS had filed false reports to the IRS in 1996, 1997, 1998, and 1999, when it attested that the Society did not engage in Section 4958 excess benefit transactions, and claimed that no taxes were owed.

“On September 11, 2000,” Dayton continued, “Paul Irwin summoned me to his office, proclaimed no excess benefit wrong-doing, and fired me. I was given a severance agreement that belied Irwin’s proclamation of no wrong-doing.” Dayton told ANIMAL PEOPLE that she refused to sign the severance agreement.

“One attorney reviewed the severance agreement and offered me a contingency retainer for settlement negotiations based on wrongful discharge,” Dayton said. “After several months of legal fooldarah, I ended settlement negotiations in favor of exercising my freedom of speech and ensuring that this information reaches the IRS and donors. They have a right to know; I have an obligation to inform.”

Stated Dayton in her complaint to the IRS, “I have witnessed Roger Kindler’s use of the following HSUS resources for private profit and personal gain: office space and meeting room with a prestigious business address; support staff time and services including receptionist, secretarial, accounting, runner/messenger, legal publications filing; computers, printers, copier, facsimile machine; computer software programs; office supplies; storage facilities; mailroom staff time and services; internet access. Murdaugh Madden enjoys the same benefits.” Doing business as the firm of “Murdaugh Stuart Madden and Roger A. Kindler,” Madden and Kindler advertise at the Martindale-Hubbell electronic legal reference site, <www.lawyers.com>, that they handle “tax-exempt law, trusts, estates, wills, wealth preservation, immigration law, [and] international law.”

The law firm address at 2100 L St. NW in Washington D.C. and the listed telephone and fax number are the same as for the HSUS executive offices. But HSUS is not mentioned on the Madden-Kindler front page, and indeed appears to be mentioned at the site only once each in Madden and Kindler’s professional resumes. Madden is identified, among many other credentials, as HSUS general counsel 1958-1990, and senior counsel subsequently. Kindler is identified as HSUS associate general counsel, 1981-1990, and general counsel subsequently.

The most recent HSUS filing of IRS Form 990, dated June 28, 2000, indicates that HSUS received real estate rental income of $607,231 during the preceding fiscal year, but does not name the tenant(s).

ANIMAL PEOPLE ask-ed Kindler and Madden via fax to, “Please explain why your for-profit business is using facilities and access portals provided by your nonprofit employer”; explain why their for-profit business is not more clearly differentiated from HSUS; and explain whether their law firm pays rent for the use of HSUS facilities. Dayton avered to the IRS that use of the HSUS premises, personnel, and equipment by the for-profit law firm is extensive and financially significant.
“Roger Kindler assigned work on the following projects unrelated to the Humane Society of the United States’ charitable mission,” Dayton wrote to the IRS, “and on behalf of individuals with no relationship to the HSUS charitable mission: immigration cases and filings; estate probate proceedings; wills, estate planning documents, powers of attorney, death declarations, etc., and rewrites of same; witnessing and signing individuals’ legal documents; accounting clients’ expenses, typing and sending clients’ bills; typing personal income tax forms and business
profit/loss statements for him and his wife; typing tax, estate, and insurance documents and forms for his aunt, mother, and friends; picking up forms from Immigration and Naturalization Service offices; post office errands; ordering publications, typing moonlighting insurance forms; fighting parking tickets; lodging complaints on taxi cab and bus companies; personal correspondence; and the issue that ultimately drove me to research charitable regulations and to report my concerns: eliciting Federal Trade Commission [Division of Enforcement] intervention to get his friend out of paying her Columbia House Music Club debt of $87 and then getting her debt removed from collection agency action.”

ANIMAL PEOPLE asked Kindler and Madden to provide their own version, if they wished, of why Dayton was discharged. They did not. ANIMAL PEOPLE also asked Kindler and Madden how they would compare the allegations raised by Dayton with the use of HSUS funds and resources in connection with private property transactions in
1986-1988, in which HSUS bought the former home of HSUS President Emeritus John L. Hoyt, but allowed him to live there rent-free for some time afterward, and provided financing to enable Irwin to purchase beachfront property in Maine.

In addition, ANIMAL PEOPLE asked, “Is the substance of these allegations not also closely parallel to the criminal and civil allegations of misuse of HSUS office, property, expense accounts, staff time, and other resources formally brought against former HSUS vice president of investigations David Wills in October 1995, following Wills’ discharge upon your own advice as general counsel and senior counsel of HSUS?”

Charged with sexual harrassment and embezzling at least $93,000 from HSUS, mostly through allegedly falsified expense accounts, Wills on June 16, 1999 pleaded guilty to one count of embezzling $18,900 from HSUS between 1990 and 1995; agreed to pay HSUS restitution of $67,800; and accepted a sentence to serve six months in a halfway house. Kindler received salary and benefits from HSUS totalling $136,049 in the most recent fiscal year. Madden has not been listed on an HSUS filing of Form 990 in several years, but in 1995 received salary and benefits of $116,116.

Chumming

Longtime HSUS donor Dita White, of Pembroke Pines, Florida, on Valentine’s Day asked HSUS vice president for wildlife John Grandy to explain why HSUS has aligned itself with a group of spearfishers and other consumptive users of wildlife calling themselves the Marine Safety Group.

According to White, the Marine Safety Group wants to ban feeding sharks in the vicinity of shark observation cages, not for safety reasons but because in her view, “They are worried that some feeding sites could be turned into marine sanctuaries.” The Florida Fish and Wildlife Commission twice rejected the Marine Safety Group’s position, White said, since there have been no fatalities involving shark observation cages in 30 years of use, and since shark experts are generally agreed that feeding the sharks to lure them into observation range does not impair the sharks’ ability to forage.

The Marine Safety Group then turned to Grandy and HSUS marine biologist Naomi Rose. Rose and HSUS director of media relations Howard White wrote a joint letter endorsing the Marine Safety Group position on February 7. Calling to demand explanations, Dita White learned, she said, that neither Rose nor Howard White had any prior awareness of
their allies’ backgrounds.

Among other recent examples of eyebrow-raising HSUS alliances and weak research:

* The June 2000 edition of the HSUS e-mail newsletter Humane Lines denounced the use of shock collars in an experimental attempt to condition wolves to avoid livestock–but HSUS actually endorses the PetSafe “Radio Fence” shock collar-for a royalty, dog trainer Pat Miller recently revealed in The Whole Dog Journal.

* Less than a month after an HSUS subsidiary calling itself the Humane Society of Hong Kong hit Hong Kong animal lovers with a direct mail fundraising package about how dogs are tortured and killed for meat in some parts of China, as described in the March 2001 ANIMAL PEOPLE Watch-dog section, HSUS spokesperson Rachel Querry reportedly told Brad Honywill and Michael Clement of the Toronto Sun that she had never heard of the common practice among
dog-eaters of inflicting as much pain and stress on the doomed dogs as possible in their final hours, to saturate their flesh with adrenalin.

* Located only blocks from the Mexican Embassy and Library of Congress, the Humane Society International subsidiary of HSUS on March 23 resorted to asking on the <hsi-animalia> electronic bulletin board, “Does anyone know if Mexico has laws against dogfighting, and if so, what the laws entail and how they are enforced?”

More HSUS

HSUS on February 20 announced the Seattle opening of a new Pacific Northwest regional office, headed by Lisa Wathne, HSUS legislative field representative for Washington state. A King County (Seattle area) animal control officer for four-plus years, Wathne later worked for seven years in the animal advocacy department of the Progressive Animal Welfare Society, located in Lynnwood, Washington.

NWF, hunting, tax breaks, and foot fetish

From ANIMAL PEOPLE, April 2001:

The National Wildlife Federation is the largest of 51 Virginia-based nonprofit organizations to gain a permanent reduction in local taxes under special legislation passed by the Virginia senate on February 15 and by the general assembly on March 2. The exemption, previously approved by Fairfield County, applies to a $17.4 million new NWF headquarters opened in Reston on February 13. Built on seven acres of former woodlot, the new headquarters “is as environmentally friendly a building as you can develop within a reasonable budget,” says NWF president Mark Van Putten, but Washington Post staff writer Peter Whoriskey opined on March 21 that it “looks a lot like sprawl.” NWF, a national umbrella for 49 state hunting clubs, has an annual budget and assets each totaling just over $100 million. The assets include $88 million in cash and securities.

NWF in January stepped into a less lucrative but kinkier partnership with the California art studio Willitts Designs–a
promotion called “Just The Right Shoe,” offering 111 styles of miniature porcelain women’s shoes, all for the right foot only.

After pardoning convicted poacher Alfred Whitney Brown III, 46, to enable Brown to resume professionally teaching hunting skills, as ANIMAL PEOPLE reported in January/February 2001, former U.S. President Bill Clinton also pardoned Howard Winfield Riddle, who served 10 months in jail and was fined $30,000 after he was changed in 1988 with masterminding a conspiracy to smuggle the hides of endangered pangolin anteaters from Thailand to Texas. The pangolins’ hides were to be used in costly custom-made cowboy boots.

How sonar kills whales: new theory

From ANIMAL PEOPLE,  April 2001:

Washington,  D.C.;  FRIDAY HARBOR,  Washington–Five years of rising controversy over U.S. Navy deployment of low-frequency active sonar moved toward head-on collision when Center for Whale Research founder Ken Balcomb on February 23 published details of his contention that LFA kills whales with harmonic resonance that destroys their inner ears,  while on March 19 the National Marine Fisheries Service served notice in the Federal Register  that it is almost ready to give the Navy a five-year Incidental Take permit which would allow full deployment to proceed.

The Federal Register notice opened a 45-day public comment period,  to close on May 3,  on a proposed rule to govern “Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar,”  called SURTASS-LFA for short.

The Federal Register notice explained that the U.S. Navy wants “a small take exemption under section 101(a)(5)(A) of the Marine Mammal Protection Act,  for the taking of marine mammals incidental to operation of the SURTASS-LFA sonar for a period of time not to exceed five years…There would be a maximum of four SURTASS-LFA sonar systems with a nominal maximum of two systems at sea at any one time.

“The purpose of SURTASS-LFA sonar is to provide the Navy with a reliable and dependable system for long-range detection of quieter, harder-to-find submarines,”  the often highly technical notice continued.  “Low-frequency sound travels in seawater more effectively and for greater distances,”  than the high-frequency sound used by most other sonar.

“The SURTASS-LFA sonar system would meet the Navy’s need for improved detection and tracking of new-generation submarines at a longer range,”  NMFS said.  The idea behind it would be to detect and intercept enemy submarines before they could get close enough to the U.S. to launch nuclear weapons.

“Because of the offshore nature of SURTASS-LFA sonar operations,”  NMFS said,  “the Navy does not believe that there is a potential for SURTASS-LFA sonar to result in marine mammal stranding incidents.”

But NMFS said that “the Navy plans to coordinate with worldwide marine mammal stranding networks and report any correlations between SURTASS-LFA and strandings.”

 

Brainstorms

 

Strandings,  indicated Balcomb,  are relevant to how SURTASS-LFA harms whales only as a source of physical evidence confirming killings which he believes may occur wherever the sonar system is used.  Most of the remains of whales killed by SURTASS-LFA, Balcomb believes,  will not drift ashore.

Details of the SURTASS-LFA system have leaked out to the marine mammal protection community in bits and pieces for more than 10 years.  The scraps of information began to rouse opposition in mid-1996.

“Between August 1988 and July 1994,  the U.S. Navy conducted 22 LFA field exercises,”  Natural Resources Defense Council attorney Joel Reynolds disclosed via MARMAM,  an electronic bulletin for marine mamologists,  in September 1996.  “The Navy states that they were conducted ‘without known adverse impact on marine mammals.’ Other exercises have been conducted since then,”  Reynolds continued, citing times and places.  The Navy has concluded that no ‘takes’ by harassment or otherwise would occur from operation of LFA.  Therefore no permits have been obtained either under the Marine Mammal Protection Act or the Endangered Species Act.  Any comments?”

As previously unexplained observations of apparent relevance to the various LFA tests surfaced from all over the world, opposition to SURTASS-LFA developed.  Freedom of Information Act requests have confirmed that by mid-1997 government agencies were already receiving warnings from their senior scientists that SURTASS-LFA might be a disaster-in-the-making for whales, though no one could quite explain why the whales were harmed.

Responding to the accumulating evidence,  NMFS began requiring the Navy to seek incidental take permits for further tests.

Lawsuits and public protest greeted the Navy when tests were held off Hawaii in early 1998,  and have dogged SURTASS-LFA ever since–especially after NMFS-commissioned whale acoustics expert Darlene Ketten reported in June 2000 that Navy anti-submarine sonar tests off the northern Bahamas on March 15,  2000 may have caused 16 whales of four different species to beach themselves on the islands of Abaco,  Grand Bahamas,  and North Eleuthera during the next 48 hours.

Seven of the whales died,  including four Cuvier beaked whales and a Blainville’s dense beaked whale,  all of whom are considered extremely rare.

“I’m not ready to say the Navy did it,”  Ketten said,  but added that “The coincidence of the timing and the pattern of the stranding with the presence of Navy sonars raises a red flag.”

After the strandings,  the Navy suspended sonar tests which had been scheduled for May 2000 off the New Jersey coast.

Most of the remains of whales allegedly killed by the Bahamian testing decomposed too soon to provide definitive answers, but the Center for Whale Research, begun at Friday Harbor, Washington,  in 1976,  now has a Bahamian headquarters as well,  and founder Ken Balcomb was present when several stranded beaked whales came up nearby.  Balcomb saw fresh blood in their eyes,  inner ears, lungs,  and brain tissue.

Sea Shepherd Conservation Society founder Paul Watson amplified attention to the strandings from aboard the Ocean Warrior, which was already in the vicinity en route to campaign against whaling in the Faroe Islands of the North Atlantic.

 

Bodies of evidence

 

Balcomb had already stated opposition to SURTASS-LFA in comments sent to NMFS during November 1999.  He took almost a year to study the Bahamian strandings before formally commenting again.  His February 23 statement came as an open letter to SURTASS-LFA environmental impact surveillance program manager Joseph S. Johnson, amplified via posting to MARMAM.

The Bahamian strandings,  Balcolm said,  “unequivocally demonstrated the lethality of high-powered sonars,  and provided the opportunity to understand how sonar has been inadvertently killing whales in vast expanses of ocean around the world,”  as had been suspected without anyone being able to verifiably explain the cause-and-effect links.

“The killing is largely due to resonance phenomena in the whales’ cranial airspaces that are tearing apart delicate tissues around the brains and ears,”  Balcolm argued.  “This is an entirely separate issue from [the alleged] auditory thresholds and traumas that the Navy has fixated upon.  In my earlier comments,”  Balcolm said,  “I questioned whether there might be a problem with injurious resonance,  but now I have seen the problem and can attest to the fact that there is massive injury to whales caused by sonar.”

In other words,  Balcolm contends now that the sound volume generated by SURTASS-LSA is not the problem,  contrary to most previous discussion,  which has always been confounded by awareness that many other oceanic activities–both natural and human-created–put out more loud sound.

Instead,  according to Balcolm,  the threat to whales results from the regular,  repetitive emission of sounds at a particular frequency and volume which rarely occurs in nature,  and to which whales seem to be extremely sensitive–perhaps in part because some species use modulated low-frequency sound for communication.

The problem might be compared to what happens when an opera singer uses her voice to shatter a crystal glass,  although it occurs in the opposite sound range.

“Resonance,”  Balcolm explained, “can contribute to shear forces that can be quite damaging–wings tear off airplanes,”  as occurred to several experimental aircraft in the early days of jet-powered flight,  “bridges gallop,”  like the Tacoma Narrows Bridge which fell in 1938,   “and buildings collapse,”  as in some long-tremoring but otherwise mild earthquakes,  “due to unanticipated resonance phenomena which can afterward be explained by simple physics and mechanics.

“The scientific and medical literature contains numerous examples,”  Balcolm continued,  “of hemorrhagic injuries and death occurring in humans when they are inadvertently exposed to loud sound,  particularly at their lung airspace resonance frequency. Undoubtedly such damage could also be demonstrated as occurring to whales,  if they could be tested and did not sink to the bottom of the ocean when they die.

In the whales stranded after SURTASS-LFA testing in the Bahamas,  however,  “It is the volume of air in the individual pterygoid sacs and the laryngeal airspace,  not the lungs,  for which resonance should be calculated,”  Balcolm said.

 

Football

 

“Below about 100 meters,”  Balcolm explained,  “virtually all of the air that was in the whales’ lungs at the surface is forced into laryngeal and cranial airspaces.  It has a total volume less than that of a football.  The two largest of the remaining airspaces are bilaterally adjacent to the earbones and the base of the brain. Their diminishing volume at depth is compensated for by retia mirabilia,  a vascular network extending to the middle ear.

“Envision the football-sized airspace further squeezed to the size of a ping-pong ball,”  Balcolm offered,  “with 1,500 pounds per square inch of air pressure [50 times the pressure that keeps a car tire rolling],  now tucked between the ear bulla and the skull on each side of the head,  thinly separated from a bag of blood next to it on the soft side.

“The frequencies of LFA,  and other powerful mid-frequency sonars,  match the cranial airspace resonance frequencies in these whales at the depths where they normally forage,”  Balcolm asserted.

“Now envision rapidly compressing and decompressing the ping-pong ball many times per second,  until ultimately the amplitude is exaggerated by resonance. The result is both astonishing and bloody.  Many whales died due to this sonar resonance,”  both in the Bahamas and in earlier LFA testing off Greece,  Balcolm said. “Unfortunately,   the Greek incident passed into relative obscurity,” because investigators “missed the crucial point of matching resonance in critical airspaces,  and because suitable specimens were not collected for discovering the problem.”

Balcolm necropsied four of the whales who came ashore in the Bahamas.

“All of them evidenced hemorrhage in the acoustic regions of the cranium and mandible and in tissues adjacent to airspaces around the earbones,”  Balcolm reported.

“One fresh specimen evidenced a brain hemorrhage with a direct path to the ear hemorrhage.  This same specimen [also] evidenced lung hemorrhage and laryngeal hemorrhage upon dissection. These hemorrhages are of the type reported in laboratory animals exposed to LFA at lung resonance frequency,  and they strongly corroborate the theoretical explanation of such injuries in these whales.

“I have been told,”  Balcolm added,  “that the Bahamian situation may have been complicated by oceanographic conditions and other factors that could have resulted in a surface sound duct in which most of the acoustic energy was trapped;  but I also documented that the whales stranded over an area 200 kilometers across!

“The Navy cannot reasonably mitigate the problem using visual,  active acoustic,  or passive acoustic monitoring,”  Balcolm concluded,  “nor can the Navy redesign the whales.  At best,  it can only reconsider and perhaps redesign the SURTASS-LFA system.”

Receiving Balcolm’s comments,  SURTASS-LFA environmental impact study chief Joseph A. Johnson told Bremerton Sun reporter Christopher Dunagan that he did not see how resonance could be the problem that Balcolm says it is.

Claimed Johnson,  “The frequency changes and sound levels used in LFA are not great enough to cause injury in whales,  although they may cause behavioral changes,”  and opined that LFA cannot be harming whales because blue whales and humpbacks emit sounds at similar volume and frequency.

“The Navy can throw up all kinds of theoretical reasons why it didn’t happen,”  responded Balcolm,  who was a Navy pilot for eight years before beginning his whale studies in 1976.  “But it happened.  There has to be something wrong with the theory.  I’m trying to get them to look.”

Editorial: Cheap pieces put fur back on the streets

From ANIMAL PEOPLE,  April 2001:

If you thought you saw more people wearing fur this past winter,  you probably did.  There were more fur coats on the street–and more fur used for trim,  ruffs,  liners,  and hoods.

Paradoxically,  U.S. retail fur sales were apparently flat, by dollar volume.  Much of the fur seen was actually purchased during the winter of 1999-2000,  when sales hit their highest level since crashing in 1988-1989.

Other furs may have come out of closets,  long after purchase–and some fur on the street was passed out to the indigent by PETA,  as part of an ongoing publicity gimmick with high backfire potential,  using garments donated by people who have given up fur.

But who spent the money,  when,  is beside the point.  The point is that no one should take pride in wearing garments produced by crushing animals’ legs in traps,  slowly choking them in snares, or confining them within cramped,  dark,  stinking cages throughout their lives,  prior to gassing,  poisoning,  or electrocution.

Thus the reappearance of fur deserves concern,  especially with former radio fur tout Lynne Cheney now in frequent public view as wife of U.S. Vice President Dick Cheney.

Furriers are trying hard to bring fur garments back to social acceptability,  one scrap at a time.  Mass media for which furriers are prominent advertisers are boosting the effort.  Between the editorial copy and the ads,  for instance,  the New York Times supplement Fashions Of The Times displayed twice as much fur in fall 2000 as in fall 1998.  Fur ads also returned to prominence in New York Times daily editions,  after nearly fading from view.

The fur trade has begun to collect dividends,  as well,  from a decade of using direct subsidies to encourage young designers to return fur to fashion show runways.  Most of the fur garments appearing recently are apparently not meant to appeal to typical customers–but outlandishly dyed furs and novel uses of fur have been taken up by some rockers and rappers who affect fur as part of a “rebel” demeanor.

It is a measure of the success of the antifur movement that wearing fur today can pass for an anti-Establishment gesture–but as the rise of Lynne Cheney attests,  history has not yet retired the Old Money fur fiend Cruella DeVil to the wax museums,  alongside the blood-sucking Count Dracula.  Cruella still appears wherever people wishing to cultivate a ruthlessly privileged image gather,  and ghoulish men still trade furs for bites of her neck.

Despite all the fur on the streets,  new and old,  the fur trade is not actually doing well in economic terms.  Yet anti-fur campaigns are not doing well either,  as ANIMAL PEOPLE pointed out in April 2000,  or there would no longer be any fur on the street,  and the U.S. fur industry would not still be capable of making even the appearance of recovery.

The U.S. retail fur trade must induce new growth soon,  or go down for the count.

Like horse racing,  dog racing,  and purchasing circus tickets,  fur-wearing is a vice which by and large has not attracted the generation of Americans now in the 35-to-55 age range.  Thus far, fur has not appealed to most of the next generation,  either.

Losing appeal to the young did not matter to the fur industry during the 1970s and 1980s.  Most of the Baby Boom generation were then still well short of their peak earning years,  when fur-wearers typically buy their first fur garment.

As the Boomers entered economic independence,  meanwhile, their parents–the World War II generation–found themselves more affluent in their later earning years than any generation before them.  Raised in the deprivation and misery of the “Dirty Thirties,” they bought fur and other luxury items “as if they were going out of style.”

Hunting and trapping,  horse racing,  and greyhound racing also boomed–and,  because members of the World War II generation who had just become grandparents bought circus tickets in growing numbers,  circus attendance declined less rapidly than it had during the first decades after the advent of television.

Then,  as the World War II generation entered retirement, encountered rising medical costs,  and realized the limits of their often fixed incomes,  they bought less fur.   Hunting,  recreational trapping,  horse racing,  greyhound racing,  and circus-going also fell off.

Each was an early casualty of a generational transition in attitudes toward animals.  Each was and is vulnerable as a “non-essential” use,  i.e. not directly necessary to human well-being.  Each,  unlike pet-keeping and zoos,  involved obvious and deliberate harsh treatment of animals,  represented by whips and muzzles even if the worst abuse could be kept out of sight.

As Boomers reached peak affluence,  they bought far less fur than their parents.  They hunted and trapped less,  stopped betting on animal races,  and quit going to circuses. Today,  with the World War II generation passing on,  along with the utilitarian views of animals and nature that predominated in the long gone mostly rural America,  the fur trade has the same two possible strategies for survival as hunting,  animal racing,  and circuses.

One strategy would be to persuade the Boomers to begin to adopt pursuits they have thus far shunned:  to begin hunting in the age range when previous generations have begun to give it up,  and to begin wearing furs,  especially to animal races and the circus.

The other strategy would be to convince Generation X that the pro-animal attitudes strong among the Boomers are quaint artifacts of the Xers’ parents’ era.

Neither will be an easy sell.  Boomers are now of an age where attitudes,  values,  and patterns of behavior rarely change direction.  Xers,  now in the 15-to-35 age range,  have thus far accepted pro-animal values to a far greater extent than Boomers ever did.

Boomers eat less meat than their parents;  Xers are more than twice as likely to become fully vegetarian,  or even vegan.  Boomers hunt at only half the level of their parents;  Xers barely hunt at all.  Boomers bought circus tickets once,  on average,  during their children’s childhood;  Xers attended only when their grandparents–or parents  once–took them.  Boomers may have been to a horse  or greyhound race.  Xers have rarely bothered with either.

Most important as regards fur,  five states with strong concentrations of Boomers and Xers have passed anti-leghold trapping initiatives within the past eight years:  Arizona,  California, Massachusetts,  Oregon,  and Washington.

Demographics indicate that a frontal assault on the attitudes of the two largest generations of American consumers will probably not succeed–unless animal protection organizations completely fail to respond in an effective manner.  Lynne Cheney and other prominent fur-wearers may encourage the relatively few Boomers and Xers who are not put off by fur to buy and wear more of it,  but the Cheney influence can be countered and contained if animal defenders resume reminding the public just what is wrong with fur in the first place.

In April 2000,  ANIMAL PEOPLE pointed toward the soaring fur sales of 1999-2000 and reminded the animal protection community for the umpteenth time that the Humane Society of the U.S. had dismantled its hugely successful “Shame of Fur” campaign of 1988-1991 almost as if intending to allow fur to make a comeback.  ANIMAL PEOPLE also noted that Friends of Animals’ anti-fur themes had drifted from the hard-hitting “Get a feel for fur–slam your hand in a car door” slogan of the late 1980s to near complete obscurity.

Later in 2000,  Coalition Against the Fur Trade founder J.P. Goodwin noted that PETA campaigns,  on fur and other topics,  have recently also veered far off message.

“It’s time to say no to pie throwing,  manure dumping,  and naked models,”  Goodwin opined,  “and get back to talking about animals.”

FoA earlier this year dusted off “Get a feel for fur–slam your hand in a car door.”  HSUS brought back the “Shame of Fur,” and introduced a parallel campaign about the violence inherent in killing karakul sheep so that furriers can use the pelts of their aborted fetuses to make so-called “broadtail.”

Burned repeatedly by models who first attacked fur and then endorsed it,  after the fur trade offered more money,  PETA got burned again in February 2001 by rapper/designer Sean “Puffy” Combs. Renouncing fur upon learning that PETA planned to protest against the debut of his collection,  Combs prominently exhibited fur when the protesters stayed home.

To the extent that fur is back,  it is mostly back by stealth,  reappearing in bits and pieces,  in places where furriers hope no one will say much to those who wear the odd scrap,  until ubiquity overcomes inhibition and–in theory–complete fur coats return to vogue.

This strategy wouldn’t work,  and couldn’t begin to work,  if fur was still expensive,  as it would be if the supply side of the trade had collapsed in step with demand.

Instead,  global ranched mink production fell from 41.7 million pelts in 1988 to 25 million in 1993,  then edged back up to 28.5 million by 1998,  as breeders anticipated new markets developing in Asia and eastern Europe.

Economic and political turmoil thwarted that notion.  Mink coats have since glutted the U.S. market.  Prices tell the story. From 1979 through 1988,  the average list price of a mink coat in New York City was close to $7,250.   It fell to $6,290 in 1993–and was $4,737 last winter.  Actual sale prices averaged $2,902 in 1993, $2,041 in 1995-1996,  and just $1,558 in 2000-2001.  The glut depressed the price of wild-trapped furs,  too,  which listed at an average of $5,499 on Thanksgiving 2000,  but by Valentine’s Day fell to $1,428.

Steep discounting has always been standard in the fur trade, especially toward the end of winter,  but the recent discounts have run half again deeper than usual.

 

Put a “Tiger” in New York

 

Fur is everywhere because fur is cheap.  Fur is cheap because fur is in oversupply.  Fur is going to get cheaper still during the next year or two,  as the oversupply grows,  along with economic pressure on brokers and auction houses to dump the glut before it decomposes.

Mink breeders may be cutting back,  but Louisiana, emphasizing “greenspeak” about invasive species,  is still trying to revive nutria trapping.  New Zealand,  encouraged by the World Wildlife Fund,  wants to kill an estimated 60 to 90 million feral brush possums and dump their pelts on the world market.

Placating out-of-work fishers,  who seek someone else to blame for fished-out seas,  Russia in March authorized the massacre of 76,000 baby harp seals on the ice of the White Sea.  The Namibian sealing quota is reportedly to be sharply increased,  from 40,000 last year,  and the quota in Atlantic Canada remains at 275,000, near an all-time high–even though the Canadian government cannot document the sale of 49% of the 1.9 million seal pelts taken since 1982,  according to International Marine Mammal Associaton scientistJanice Hannah.

The IMMA is a subsidiary of the International Fund for Animal Welfare,  whose Canadian office chief,  Rick Smith,  suspects the surplus may have been dumped in landfills.

Canadian seal pelts rarely enter the U.S.,  but their global availability,  in competition with other kinds of fur,  helps to hold all fur prices down.

That will mean more use of fur wherever it can be used without adding enough to the price of a garment ($25) that labeling laws require it to be identified–unless consumers are induced to balk with further reminders that animals suffered horribly for cuffs and ruffs,  too.

J.P. Goodwin is right that effective antifur campaigns need to focus on animals:  even if people who might be induced to wear fur by low prices do not themselves care about animal suffering,  they mostly will care what others think about them for doing it.

Along the way,  ubiquitous cheap fur requires more effective and efficient campaign tactics.  Masing demonstrators eats time and energy,  to uncertain effect;  Boomers in midlife and Xers with increasing career and family duties don’t have time for that.  Civil disobedience,  effective against bad public policy,  rarely

influences consumer choice.  Vandalism backfires.  Picketing and tabling are effective where public access is a right,  not a conditional privilege,  and where most of the traffic walks,  but do not work well at malls accessed mainly by car.

In this edition of ANIMAL PEOPLE,  SHARK founder Steve Hindi’s introduces his “Put a Tiger in New York” campaign,  hoping to raise the funds to replicate his “Tiger” TV van and station one in each major U.S. metropolitan area–beginning with New York City.

More than 80% of the furs sold in the U.S. are sold in the greater New York region.  The “Tiger” is made-to-order for antifur campaigning there.  It is a spectacular rolling demonstration, requiring just one driver to turn thousands of heads.  It is as effective inching along in   Fifth Avenue or Long Island Expressway traffic as anywhere else.

What it can do is display stark wall-sized real-life video of trapped animals and animals being killed on fur farms directly to the public,  with illuminated digital captions.  Screens facing in all four directions mean the images cannot be missed.  As SHARK owns the first truck,  and the technology to build more,  it is not competing with commercial advertisers and station owners’ mercantile considerations:  it broadcasts the message at will.

Contributing to putting a “Tiger” in New York is the most promising investment that animal protection donors can make this year to counter cheap fur–and it will be just as effective in advancing any other campaign which must be taken to the public.

The address is c/o SHARK,  P.O. Box 28,  Geneva,  IL  60134.

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