For the time being, the penalty imposed on the Dolfinarium in Harderwijk by State Secretary Jean Rummenie (Nature) has been cancelled. The judge sees too little evidence that animals exhibit unnatural behaviour. Rummenie would only base this on a number of videos.
Rummenie imposed the penalty in early April because of the tricks the animals perform during shows at the Dolfinarium. These tricks would be contrary to their natural behaviour. This includes dolphins jumping over trainers, sea lions waving to visitors with their fins, or a walrus blubbering with its fat.
The Dolfinarium was ordered to pay a penalty, which means that the park would be fined if no measures were taken. But the park objected. The zoo asked the preliminary relief judge of the Administrative High Court for Trade and Industry to suspend the penalty.
The preliminary relief judge decided on Monday that the State Secretary may not impose any fines for the time being. There is insufficient evidence to impose a fine. According to the judge, the ministry based the violation on video images of performances. That’s not enough.
Moreover, zoos are allowed to let their animals exhibit unnatural behaviour under certain conditions. It is allowed if it happens for educational purposes, for example to provide explanations about the characteristics of animal species. The judge believes that the inspectors should not only have looked at the videos, but also at the entire educational program.