401-1020 Balmoral Road

Victoria, B.C.
V8T 1A8

tel: 385-0927

April 1, 1991

Norm Ellison
Coroner's Office
301-1012 Douglas street
Victoria, B.C.
V8W 2C3

Dear Mr. Ellison:

Please find enclosed the information you requested with

respect to my employment and concerns that I have with Sealand of
the Pacific Ltd. as it relates to the tragic death of Keltie Lee
Byrne.

Besides Henriette Huber and Diana Frizell, I have the names of

several other former trainers that may be able to provide you with
additional information. They are:

Shirley Connor (604) 384-0965 Fiona Scurrah (604) 384-0450

206-750 Cook Street 112-1149 Rockland Avenue
Victoria, B.C. Victoria, B.C.
V8V 3Y8 V8V 3H8

Samantha Statton (604) 361-0067 Don Sullivan (604) 389-1572

10-420 Superior Street 533 Mary Street
Victoria, B.C. Victoria, B.C.
V8V 1T6 V9A 3W3

Please feel free to contact me further should you require any

additional information.

Sincerely yours,

Eric L. Walters

Encls.
 Submission To Norm Ellison, Coroner's Office

Re: Byrne Death At Sealand of the Pacific

I was employed at Sealand from May, 1987 until May, 1989.

During that period of time I worked part-time (2 days/week) from
September - April and full-time (5 days/week) from May - August. I
was employed in the Animal Division as a trainer. This involved
performing each of the three shows (seal, sealion and Killer Whale)
which are shown to the public. other responsibilities included
feeding and providing vitamins and medication to all the animals;
cleaning of areas in which animals were housed, food was prepared
and areas where people walked during performances; and talking to
the pUblic during and in between performances.

I wrote a letter to the Canadian Federation of Humane

societies on April 21, 1990 outlining some of my concerns about
Sealand. This organization, which represents over 200 000 people
from across Canada, was hosting a one-day symposium on "Whales in
Captivity - Right or Wrong?". I have included a copy for your
records. It was this letter that I think you had thought that I had
sent to Sealand management. This letter was not sent to Sealand
management as it was specifically directed at the symposium being
held in ottawa on April 25, 1990.

I resigned my position with Sealand in May of 1989 because of

differences of opinion with Sealand management (AI Bolz) concerning
the manner in which the facility was managed. There is a long list
of specific problems that exist at Sealand but I will try to focus
the scope of my discussion as it pertains to Killer Whales and, in
turn, as it relates to the death of Ms. Byrne.

SAFETY PROCEDURES

During the time that I was employed at Sealand I was not

provided with any formal training on how to deal with safety around
the Killer Whale pool. Nothing was ever said of what to do should
a member of the audience or a staff member fall into the Killer
Whale pool. Both of these situations have occurred at Seal and .
Specifically, on two occasions I have had to pUll a trainer out of
the whale pool. On the first occasion, the head trainer (Steve
Huxter) was trying to pull a camera from a whale's (Nootka) mouth.
The whale pulled back when Mr. Huxter was holding onto the camera
strap and I watched as he was pulled into the pool. He then
exclaimed to me, "For Christ's sakes Eric, pull me out!". I then
reached out my hand and he grabbed it exclaiming "She's got hold of
my leg". When I pulled back towards the stage, the whale apparently
released him and I managed to pull him out. He nonchalantly
continued his conversation with some of the visitors that he had
been talking with previous to this. This event had occurred after
a performance. Apparently, the whale had held him very gently since
there were no visible marks on his leg in the area where the whale
had been holding him.

1
 On the second occasion, I was participating in the Killer
Whale show with two other trainers. Two of us were stationed on the
sides of the pool while the third, Henriette Huber, was on the end
at the stage. She was talking to the audience (via a remote
microphone) at the same time she was working with a whale. During
the show I glanced up and saw Ms. Huber falling into the pool. I
immediately ran from my position to the stage where she was holding
on to the stage from within the pool. I pulled her out and noticed
that there was blood coming from her hand/wrist. Apparently, while
talking to the audience, she had taken her eyes off the whale while
feeding it and it grabbed/bit her wrist which caused her to lose
her balance and fall into the pool. There was a lot of blood coming
: out because the whale's tooth had punctured an artery.
'-"
The third incident involved someone from the audience jumping
into the whale pool with the whales. I do not have any det~ils
since this event happened subsequent to my resignation but Ms.
Huber related this to me. Similarly, Virgil Hawkes (presently
employed by Sealand) fell into the "module" with Tilikum. This
module is a separate pool adjacent to the main pool that all three
whales are kept within at night (at least when I was employed
there). This incident involving Mr. Hawkes was told to me by a
former trainer (Fiona Scurrah) since I was no longer employed at
Sealand when Mr. Hawkes fell into the module.

with respect to the Huxter incident, no report was ever filed

and I don't believe that the manager was even notified by Mr.
Huxter that this had occurred. Therefore, NOTHING was done as a
result of that particular incident.

In the case of Ms. Huber, Mr. Bolz was informed and he

implemented a policy which stated that we should not physically
touch Nootka. The incident was never discussed by Mr. Huxter with
any of the trainers that were involved in that particular
performance. He didn't inquire to see what had happened or to see
if Ms. Huber was alright. This is despite the fact that she took
time off work and filled out a Worker's Compensation Board Report.
As far as I know, the WCB did not come down and investigate the
incident nor make any recommendations either. The policy of not
physically touching the whale was heeded for a few weeks and was
ignored when it was apparent that Mr. Huxter was regularly touching
Nootka again.

Nootka has been involved in several incidents where she has

posed a threat to either trainers or the pUblic. On one occasion,
I can remember giving Nootka the cue for a kiss and she came up
with her mouth open and attempted to grab my hand. On another
occasion, a blind member of the public was brought down to pat
Nootka's tongue and she closed her mouth on the woman's hand. And
still further, I had Nootka clamp her teeth down on my hand but she
eventually released it, and it resulted in my hand being bruised,
but luckily nothing serious happened. with both incidents that

 involved me I told Mr. Bolz about them and he decided that trainers
should not touch Nootka or perform the "Kiss" behaviour for a few
weeks. In the case of the blind lady being held, he told the
trainers to not let members of the pUblic down onto the stage for
the time being. This policy stood except when Mr. Huxter had
someone down that he knew and he would allow his "friends" down on
to the stage.

I don't feel that the precautions taken were adequate in any

of the above-mentioned incidents and that Mr. Huxter, especially,
has not provided a proper example to his staff with regard to any
sort of safety precautions. I also hold Mr. Bolz responsible for
not monitoring what the staff are doing (ie. determining what
policies/procedures are being followed) during whale performances,
or at any time around the whale pool.

~
. Further to this, it is not as if there had never ever been an
accident involving a Killer Whale in captivity prior to this. I am
aware that other facilities have had accidents with Killer Whales
and trainers. At Marineland in Niagara Falls, I was told by Mr.
Huxter that one of the whales held a woman at the bottom of the
pool long enough that she suffered minor brain damage. At Sea World
in San Diego, trainers have been grabbed by Killer Whales and
others have been held at the bottom of the pool. still others have
been hurt as a result of inexperienced trainers issuing cues to
whales at the inappropriate time. The Vancouver Aquarium has had
one of their trainers suffer a broken leg thanks to the head of a
Killer Whale. While working with the whale, it moved its head
quickly towards the trainer's leg with enough force to break his
leg. Given all of these accidents, Sealand should have taken
responsibility to inform their staff of the threat and dangers
involved in working with such intelligent and large animals.
Following this, caution and tact should have been used when working
with these animals at all times. I feel that I was not properly
trained to appreciate the dangers, nor were safety measures in
place
\..;.....
to deal with any unexpected accidents.

TRAINING PRINCIPLES

Killer Whales that are held captive need lots of stimulation.

During my period of employment at Sealand a consultant was brought
in to essentially "train the trainers" on how to train marine
mammals. Bruce Stephens of SeaWays/Animal Behavior Enterprises
provided each of the trainers with a Seaways Animal Behavior
Notebook-. On page 1 it states that "Constant change in the
environment of trained animals is critical in maintaining their
attention and positive attitude... Maintain a high degree of
variety in every aspect of the environment". He goes on to say,
"Spend lots of time, even quiet time, with your animals. Fight
boredom and bad attitudes with learning sessions and play times".
with our new knowledge of what had to be done in the best interest
of the animals' and staffs' mental well-being, we all shared a new­

found sense of excitement. The break we had been waiting for had
finally come. We were actually going to train a new behaviour
rather than just maintain what had already been trained over four
years previous. However, within a month of Mr. Stephens leaving,
virtually none of the new techniques learned were being followed.
The reason given by Mr. Bolz was that Sealand could not afford any
new staff that would be needed to properly implement Mr. Stephens'
recommendations. He said that the owner (Bob Wright) did not want
to see any staff increases nor did he want to change the show
schedules to give the animals more "free time" or a chance to work
on some training or have some play time. It is ironic that Mr.
Stephens writes, "Once again, consider the dolphin. Pressed into
service as an entertainer, and object of fascination for those
fortunate enough to enjoy his antics, he is sometimes thought of as
a financial asset rather than a thinking, feeling organism. It may
be assumed by some thoughtless humans that given enough to eat and
an occasional new behavior to learn, all will be well". I felt that
this statement summed up the attitude of management at Sealand and
I could not continue to work at Sealand at such low staffing
levels. It was physically and emotionally demanding. We had to work
so hard just to keep up with the everyday duties. It was
frustrating to know what had to be done and not being able to do
it. I felt that the animals were being deprived of the stimulation
and attention that they deserved. Morally, I could not work there
any longer and I had to resign. I knew that both staff and animals
were sUffering from the mismanagement of Sealand. This leads to the
issue of Ms. Byrne.

I felt that based on what I know about the training of Killer

Whales that the death of Ms. Byrne could have been prevented. Mr.
Stephens writes, "Like people, trained animals become quickly bored
with a daily routine which has too little variety. The element of
change must be constantly present, from the first feeding of the
day to the last performance. If you fail to provide your animals
with the excitement they need, you may be certain they will create
the excitement themselves". This is what happened on February 20,
1991, and this is what happened in the incidents I have already
mentioned with respect to people being pulled into the pool and
Nootka's biting. The whales were creating their own excitement. Mr.
Stephens also writes, "One of the most important characteristics we
share with other animals is the desire to interact with, manipulate
and change the world around us". The whales were attempting to
manipulate the world around them. If the whales had been given the
time and attention they deserve, they would not seek out this form
of stimulation. They would not be biting people's hands, nor
pUlling them in the water. Further to this, if management had
considered the possibility that someone else may fall into the
whale pool based on the facility's previous record, they could have
elected to incorporate Systematic Desensitization with respect to
trainers in the water. Mr. Stephens writes, "Animals will become
comfortable with a new situation quickly and with little stress if
they are exposed to it in small steps". In his description on how

to desensitize whales with respect to humans he writes, "When

training whales or dolphin to accept a trainer in the water, a
second trainer maintaining control at all times is the key element.
The desensitization process proceeds by allowing the animal a small
exposure to a person, possibly a foot in the water, while
continuing with routine behavior in various areas of the pool. When
first confronted with this new situation, the animal will likely
pay attention to Whatever is changed in his environment, namely the
foot in the water. with patience, the animal's response will
gradually return to normal and the foot will be ignored". He adds
that "complete desensitization occurs when any number of people may
jump in and out of the water, swim around and generally create
distractions while the animal continues his routine unaffected". I
feel that if this had been part of normal safety precautions, then
the incident with Ms. Byrne falling into the pool would have been
a situation under which the whales would have had experience and
would know the appropriate manner in which to respond under such a
circumstance. I realize that many of the injuries to humans that
have occurred in other aquaria have been the result of trainers
being in the pool with Killer Whales. I am not saying that
performances should include trainers in the water. What I am saying
is that, in the event a trainer should end up in the pool, the
whales would be experienced with respect to the appropriate
response they should elicit under such a circumstance. This would
be a safety precaution. Ironically, it is this Water Behavior that
Mr. Stephens specializes in, yet it was not implemented.

POOL STRUCTURE

I feel that the pool structure is not designed in the interest

of human safety. Problems include the following:

a) The stage where trainers stand during shows is made of

fibreglass and is painted white. The platform is extremely slippery
and low to the pool. If a whale wanted to lunge up on the stage
(ie. beach themselves like they do at the Vancouver Aquarium) it
could easily do so and grab a trainer and pull them in. Similarly,
as evidenced by Mr. Huxter and Ms. Huber, it is easy to fall in
from the stage.

b) The area around the pool on the inside of the railing is very
dangerous. The area is very narrow so it is easy to fall in if a
trainer is interacting with the whales either in a show or during
a play period. There is no railing between the outside railing for
the audience and the whale pool to prevent trainers from falling
in.

c) There is no way to get out of the pool once you are in. The
sides of the pool are too high to reach out of, and there is no way
of getting your feet planted since the netting of the pool is
attached under the deck (the deck overhangs the pool by a few
feet). Even if you are at the stage where there is no wall you

5
still can't plant your feet or grab on to anything to haul yourself
out. You have to rely on a second person for assistance.

d) There are gate entrances to the pool on both sides of the pool.
During one show we had noticed that a young boy had walked through
the gate and was walking along the inside of the railing. Since
that time a clip was put on one of the gates. There still is a gap
joined with some chain that a small child could probably still
squeeze through and gain access to the whale pool.

e) The door to the module is accessed via the main deck. This door
is unlocked and I have seen several members of the pUblic open the
door and have a look inside. Once inside, there is only a small 6"
skirting around the pool. An individual could easily fall in if he
tripped while walking around the pool (either a trainer or a member
of the public).

f) The method of closing the gate that separates the large pool
from the module pool involves climbing on to a narrow plank (1'
wide) which crosses over the module pool. Once half way across, one
needs to then climb the gate and stand on it to get it to go all
the way down. This process can be quite dangerous, especially if
you lose your balance, get caught up in the gate, or have a whale
get hold of the rope that is used to pUll the gate up.

Recommendations:

1) Never allow there to be fewer than four people per show when
three Killer Whales are in the main pool. This would allow one
person to concentrate on presenting the show commentary and the
other three to each be responsible for a whale. This is contrary to
what occurred when I worked at Seal and where you would often have
only two trainers doing a show. One would talk to the audience and
work with a whale. The other would be responsible for two whales.
This would alleviate the problem that Ms. Huber experienced where
she was trying to concentrate on the audience without properly
focusing on what the whale was doing. If she had had her full
attention on the whale then it is unlikely that the whale would
have been able to bite her wrist/hand.

2) There should never be just one trainer at the Killer Whale pool.
In the event that a trainer should fall in there would always be
another trainer nearby to initiate a rescue attempt.

3) A safety procedure should be drawn up which explicitly directs

staff on what to do in an emergency (especially one that is
directed at a human falling into the whale pool).

4) There should always be a fresh bucket of fish beside the whale

pool so that in the event it is required, it is available
immediately. This could be used in conjunction with water training
(ie. directing the whales away from the person that has fallen in) .

5) Sealand should start a program of systematic desensitization of

whales to humans in the water if there is any risk at all that
someone may fall into the whale pool.

6) In conjunction with #5, a regular timetable of practising safety

procedures should be implemented. This would be similar to fire
drills.

7) All new staff should be fully informed and properly trained in

safety procedures. They should be well informed of the dangers
posed by captive Killer Whales and told explicitly of the accidents
that have occurred at some of the other facilities that house
Killer Whales. They should be trained to always be watching the
whales while training or performing a show and to not ever get
lazy, allow their attention to waiver or be distracted by any other
variables. Safety of the personnel at Sealand should be of an
unparalleled magnitude.

8) Emergency buttons should be placed around the whale pool so that

when an emergency situation has been recognized, all staff on the
premises would be immediately notified to begin emergency
procedures. The button would be linked with all the buildings so
that management, trainers, divers and other staff could implement
an emergency response.

9) Any staff working with Killer Whales should be required to have

another staff member present with them. This would include any
feedings, closing gates, coming in at night to give medication,
maintenance work around the pool, etc.

10) A staff member should always be on the deck where the pUblic is
to monitor the whale pool. Should anyone from the pUblic fall in
the pool, this would be a way of implementing an emergency
procedure. Staff are normally not on the deck unless they are on
their way to give a show or returning from a show. This observer
could also monitor the health of the animals by preventing patrons
from throwing items into the pool, etc.

11) Modify the method in which the gate in the module is raised and
lowered by putting up a proper platform with railings. The person
raising and lowering the gate would thus be prevented from falling
into the module pool. As well, a railing around the entire module
pool should be erected.

12) A railing between the whales and the trainers should be erected
around the entire main pool but it should not limit the contact
that trainers normally have with the whales. Otherwise the whales
are deprived of stimuli they would normally have received (eg.
tactile reinforcement, "kiss" behaviour).

7
13) The sides of the main pool should be modified so that there are
ladders or foot holes to get out of the pool at different locations
around the pool.

14) Change the railing that the public stands behind so that people
cannot jump over it, walk through gates, or squeeze through gaps.

15) Allow for extra staff to be hired to give the Killer Whales the
proper training and stimulation that they require.

16) Make sure that complete reports are filled out when an accident
or potential accident happens and then have the staff meet and
discuss the incident and implement new procedures to avoid the
circumstance or how to prevent it from happening again or what to
do better the next time, should it happen again.

17) When safety procedures are defined, make sure that they are
followed to the letter, especially by those that should be setting
an example (eg. Head Trainer). If the procedures are not followed
correctly, staff should be severely reprimanded and/or dismissed.

18) Recommend that the Worker's Compensation Board properly

investigate unusual accidents such as Ms. Huber's.

19) The stage should be coated with a non-slip substance and

trainers should be aware of their positioning relative to the pool
and/or the whales.

20) All boots worn by trainers should be non-slip types and when
treads are worn the boots should be replaced.

21) All trainers should be required to wear some sort of flotation

device (eg. Floater Coats like the Vancouver Aquarium staff wear).

22) Ensure that the door to the module from the main deck is locked
at all times.

23) Widen the area between the railing and the whale pool so that
the trainers have more room to manoeuvre during shows or play
times.

24) If Sealand continues to operate at the level to which they were

when I was employed at Sealand, then they should cease all
operations in the interest of animal and human safety (both staff
and the public). .

8
 Obviously, the comments I have made deal only with
Killer Whales and ignore the other pools and animals that
are at Sealand. Some of the recommendations could be made
in conjunction with other parts/areas of the facility. I
know of other situations that exist at Sealand that could
result in human deaths unrelated to Killer Whales. I have
not mentioned these at all since you directed me to
focus only on the death of a trainer by Killer Whales.
Therefore, only those events and information relevant to
the Killer Whale pool have been included.

Eric L. Walters, B.Sc.

Biologist
April 1, 1991