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Should Elephants Have the Same Rights as People? A Colorado Court May Decide

The NonHuman Rights project argues that legal personhood is not limited to humans.- The AP
The NonHuman Rights project argues that legal personhood is not limited to humans.- The AP
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Should Elephants Have the Same Rights as People? A Colorado Court May Decide

The NonHuman Rights project argues that legal personhood is not limited to humans.- The AP
The NonHuman Rights project argues that legal personhood is not limited to humans.- The AP

Missy, Kimba, Lucky, LouLou, and Jambo have lived in Colorado Springs for decades in the elephant exhibit at the Cheyenne Mountain Zoo. Now an animal rights group is trying to release the elephants from what they say is essentially a prison for such highly intelligent and social animals known to roam for miles a day in the wild.

Colorado's highest court will hear arguments Thursday on whether the older African female elephants should be legally able to challenge their captivity under a long-held process used by prisoners to dispute their detention. The animal rights group NonHuman Rights Project says the animals are languishing while “unlawfully confined” at the zoo, and wants them released to an unspecified elephant sanctuary, The AP reported.

“They are suffering immensely and unnecessarily. Without judicial intervention, they are doomed to suffer day after day, year after year, for the rest of their lives,” a lawyer for the group, Jake Davis, said in a May brief submitted to the Colorado Supreme Court.

The main legal issue is whether or not the elephants are considered persons under the law, and therefore able to pursue a petition of habeas corpus challenging their detention. The NonHuman Rights project argues that legal personhood is not limited to humans.

The lawsuit is similar to an unsuccessful one the group filed challenging the confinement of an elephant named Happy at the Bronx Zoo in 2022. New York's Court of Appeals ruled that Happy, while intelligent and deserving of compassion, cannot be considered a person illegally confined with the ability to pursue a petition seeking release.

The New York ruling said giving such rights to an elephant “would have an enormous destabilizing impact on modern society" and change how humans interact with animals.

The Cheyenne Mountain Zoo says moving the elephants and potentially placing them with new animals would be cruel at their age, potentially causing them unnecessary stress. It says they are not used to being in larger herds and, based on its experience, they do not have the skills or desire to join them.

In a statement ahead of Thursday's hearing, the zoo claimed the NonHuman Rights Project isn't concerned about the elephants but is just trying to create a judicial precedent that would allow the captivity of any animal to challenged.

“We hope Colorado isn’t the place that sets the slippery slope in motion of whether your beloved and well-cared-for dog or cat should have habeas corpus and would be required to ‘go free,’ at the whim of someone else’s opinion of them,” it said.

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Varieties

Scientists Gather to Decode Puzzle of the World’s Rarest Whale in ‘Extraordinary’ New Zealand Study

A handout photo taken on July 5, 2024 and received on July 16 from the New Zealand Department of Conservation shows rangers Jim Fyfe (L) and Tumai Cassidy walking beside what appears to be the carcass of a rare spade-toothed whale after it was discovered washed ashore on a beach near Taieri Mouth in New Zealand's southern Otago province. (Handout / New Zealand Department of Conservation / AFP)
A handout photo taken on July 5, 2024 and received on July 16 from the New Zealand Department of Conservation shows rangers Jim Fyfe (L) and Tumai Cassidy walking beside what appears to be the carcass of a rare spade-toothed whale after it was discovered washed ashore on a beach near Taieri Mouth in New Zealand's southern Otago province. (Handout / New Zealand Department of Conservation / AFP)
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Scientists Gather to Decode Puzzle of the World’s Rarest Whale in ‘Extraordinary’ New Zealand Study

A handout photo taken on July 5, 2024 and received on July 16 from the New Zealand Department of Conservation shows rangers Jim Fyfe (L) and Tumai Cassidy walking beside what appears to be the carcass of a rare spade-toothed whale after it was discovered washed ashore on a beach near Taieri Mouth in New Zealand's southern Otago province. (Handout / New Zealand Department of Conservation / AFP)
A handout photo taken on July 5, 2024 and received on July 16 from the New Zealand Department of Conservation shows rangers Jim Fyfe (L) and Tumai Cassidy walking beside what appears to be the carcass of a rare spade-toothed whale after it was discovered washed ashore on a beach near Taieri Mouth in New Zealand's southern Otago province. (Handout / New Zealand Department of Conservation / AFP)

It is the world’s rarest whale, with only seven of its kind ever spotted. Almost nothing is known about the enigmatic species. But on Monday a small group of scientists and cultural experts in New Zealand clustered around a near-perfectly preserved spade-toothed whale hoping to decode decades of mystery.

“I can’t tell you how extraordinary it is,” said a joyful Anton van Helden, senior marine science adviser for New Zealand’s conservation agency, who gave the spade-toothed whale its name to distinguish it from other beaked species. “For me personally, it’s unbelievable.”

Van Helden has studied beaked whales for 35 years, but Monday was the first time he has participated in a dissection of the spade-toothed variety. In fact, the careful study of the creature -- which washed up dead on a New Zealand beach in July — is the first ever to take place.

None has ever been seen alive at sea.

The list of what scientists don’t know about spade-toothed whales is longer than what they do know. They don’t know where in the ocean the whales live, why they’ve never been spotted in the wild, or what their brains look like. All beaked whales have different stomach systems and researchers don’t know how the spade-toothed kind processes its food. They don’t know how this one died.

Over the next week, researchers studying the 5-meter (16-foot) -long male at an agricultural research center near the city of Dunedin hope to find out.

“There may be parasites completely new to science that just live in this whale,” said van Helden, who thrilled at the chance of learning how the species produces sound and what it eats. “Who knows what we’ll discover?”

Only six other spade-toothed whales have ever been found, but all those discovered intact were buried before DNA testing could verify their identification.

New Zealand is a whale-stranding hotspot, with more than 5,000 episodes recorded since 1840, according to the Department of Conservation. The first spade-toothed whale bones were found in 1872 on New Zealand’s Pitt Island. Another discovery was made at an offshore island in the 1950s, and the bones of a third were found on Chile’s Robinson Crusoe Island in 1986.

DNA sequencing in 2002 proved that all three specimens were of the same species — and that it was distinct from other beaked whales. But researchers studying the mammal couldn’t confirm whether the species was extinct until 2010, when two whole spade-toothed whales, both dead, washed up on a New Zealand beach. But none has been studied before.

On Monday, the seventh of its kind, surrounded by white-aproned scientists who were measuring and photographing, appeared relatively unblemished, giving no clue about its death. Researchers pointed out marks from cookiecutter sharks — normal, they said, and not the cause.

The dissection will be quiet, methodical and slower than usual, because it is being undertaken in partnership with Māori, New Zealand's Indigenous people. To Māori, whales are a taonga -– a precious treasure -– and the creature will be treated with the reverence afforded to an ancestor.

Members of the local iwi, or tribe, will be present throughout the dissection and consulted at each turn, allowing them to share traditional knowledge and observe customs, such as saying a karakia -– a prayer -– over the creature before the study begins.

“According to our beliefs and our traditions, this whale is a gift of Tangaroa, deity of the ocean,” said Tumai Cassidy from the local people Te Rūnanga Ōtākou. “It’s very important for us to respect that gift and to honor the whale.”

The iwi will keep the jawbone and teeth of the whale at the end of the dissection, before its skeleton is displayed in a museum. 3D printing will be used to replicate those parts, using a CT scan taken of the whale’s head this week.

“It all builds a richer picture for that species but also tells us how it interacts with our oceans,” Cassidy said.

It’s thought that spade-toothed whales live in the vast Southern Pacific Ocean, home to some of the world’s deepest ocean trenches. Beaked whales are the ocean's deepest divers for food, and the spade-toothed may rarely surface, adding to its mystery.

The assembled scientists on Monday included a few who had traveled from abroad to see the whale, which was put in refrigerated storage after its discovery.

“What we are interested in is not only how these animals died, but how they lived,” said Joy Reidenberg, a comparative anatomist from the Icahn School of Medicine at Mount Sinai in New York. “In discovering how they live, we are hoping to find discoveries that we can apply back to the human condition.”