In the absence of a new delphinarium decree, One Voice attacks the State and demand 500,000 euros

Published on November 8th 2018 at 7:00am

Following the cancellation, for a procedural violation, of the so-called “delphinarium” decree of May 2017 which destined these parks to an unavoidable eventual closure in time, by prohibiting the reproduction in captivity and the exchanges and imports of new cetaceans, a new order was expected. After formal notice, One Voice attacks the State for misconduct because it refuses to republish an identical decree on the subject, and we claim €500,000 for moral damages. The present regulation, which is totally obsolete, dates from 1981.

In May 2017, Ségolène Royal then Minister of Ecology had adopted the so-called “dolphinarium” decree, which put an end to, among other things, the captive breeding of cetaceans, and prohibited the exchange and importation of new marine mammals, In the end, One Voice condemned the delphinariums to close. One Voice congratulated the position taken in favour of these animals.
But in January 2018, the Council of State cancelled the decree due to a technical detail: the decree had only been submitted to two public consultations. For the State Council, it would have required a third.
Between the cancellation and September 2018, Nicolas Hulot, Minister of the Ecologically and Solidarity Transition, however opposed to the captivity of the animals as he announced this on France Inter in August 2017. He did not publish the decree repeating the substance from the previous one about dolphinariums, despite the announcements and the repeated requests from One Voice and its partners (Sea Shepherd France, Cetacean-Networks, Dolphin Connection).

We called on the Minister of the Ecologically and Solidarity Transition to issue a new decree banning the reproduction and trade of cetaceans. Without a response from him, One Voice brought an action for misconduct against the State in the face of his refusal to take a new order. We ask the State 500 000 € for the moral damage caused by this deficiency. The state is at fault. From the moment he recognized that dolphins and killer whales were suffering, why did he not take a new order?

The decree regulating dolphinaria in France currently dates from 1981*. International scientific knowledge and animal rights in France have changed in 37 years!
The 500 000 € in damages claimed from the State will be entirely dedicated to the creation of a marine sanctuary to accommodate captive dolphins from dolphinariums.

*to which is added the specific section on cetaceans in the 2004
decree governing zoological parks.