Chris Lagergren

Chris Lagergren

Chris Lagergren served as a volunteer at the Marine Mammal Conservancy (MMC), located in Key Largo, Monroe County, Florida during the month of May, 2011.  While Chris was a volunteer at the MMC, he documented numerous code violations by the Conservancy.  These code violations were subsequently reported to the Monroe County Code Division (MCCD), in the form of a formal complaint, which was filed on June 3, 2011. Over the next several months, MCCD issued multiple violations against the facility and visited the property many times.  A hearing was set for September 29, 2011, between Monroe County and the Marine Mammal Conservancy to discuss all of the current and outstanding code violations; however, this hearing was granted a continuance and was re-scheduled for November 17, 2011. The matter is ongoing.

Currently, there are over $375,000 dollars in outstanding fines owed by the Marine Mammal Conservancy for previous violations that remain unpaid.  This figure does not include any of the new fines imposed for violations listed in the complaint below (click link):

http://egov.monroecounty-fl.gov/eGovPlus/code/code_dtl.aspx?case_no=CE11060014

The Reporter newspaper – Print Edition,  dated June 17, 2011 – published a story on these Code violations:  “County cracks down on code violations at whale rescue facility” (hard copy on file).

During this time, five pilot whales were brought from Cudjoe Key, FL to this rehabilitation facility, ostensibly for rehab and eventual release; however, three of the pilot whales were ultimately euthanized, and two are now in the custody of SeaWorld. This decision was based, in part, on a recommendation by the National Marine Fisheries Service (NMFS).

Chris also documented the Conservancy’s non-adherence to NMFS’ Policies and Best Practices for Marine Mammal Response, Rehabilitation, and Release. These policies establish minimum guidelines that rehabilitation facilities must follow.  This brought to light other safety regulations not being complied with, such as providing masks and gloves to volunteers & staff. The Conservancy  had also neglected to inform the public of the risks of zoonotic disease transmission between marine mammals and humans, and vice versa.

A couple of weeks after volunteer complaints were filed with NMFS, the Marine Mammal Conservancy had adopted a new set of guidelines, and instructions were  given out during their volunteer orientation meetings.  MMC was now informing the public of the health risks, particularly disease transmission –  including MRSA, which was cultured from one of the pilot whales – and only then did they offer gloves and masks to volunteers.  They advised everyone to sanitize their hands each time they got in and out of the water.  There was also a shower on-site, which they recommended all volunteers should use to de-sanitize once their shift was finished.

NB6 Miami reported on the story in mid-June:

NBC6 Miami – Health Risks – Robert Lingenfelser/Chris Lagergren – 6/24/2011

http://www.youtube.com/watch?v=rSLieQ8qmPw

NBC6 Miami – Code Violations – Robert Lingenfelser – 7/15/2011

http://www.youtube.com/watch?v=PP9n7SzU1wM

On July 18, 2011 MMC staff Robert Lingenfelser and Gerhard Besserer (MMC staff maintenance man) were further cited for “Aiding & Abetting Unlicensed Contractor”, after Chris documented that electrical repairs were being made unlawfully on the property and reported the incident to MCCD. That case can be seen here:

http://egov.monroecounty-fl.gov/eGovPlus/code/code_dtl.aspx?case_no=CE11070106

Chris had also documented that the Marine Mammal Conservancy was putting pilot whale R300 on public display, by swimming her in the inlet that divides the MMC and Hampton Inn Hotel properties.  (It should be noted that it is against NMFS policy to allow Public Display.)  Hotel guests regularly took photos and offered monetary donations while the pilot whale was in the inlet. The amount of cash donations/transactions made in this manner is unaccounted for, as many guests/tourists simply handed their money directly over to Robert Lingenfelser.  This highly irregular and unlawful activity also was recorded by Chris.

Robert Lingenfelser Accepting a Donation

Robert Reaching for the Money

Robert Lingenfelser Accepting a Donation

Robert Getting the Money

Volunteers filed complaints with NMFS – on three separate occasions – of MMC thus violating NMFS policy.  NMFS responded on the third complaint by ordering MMC to install a fence along the bordering Hampton Inn property, to prevent the public from observing the whale.  MMC applied for a permit to install a temporary fence on August 28, 2011 (see link below), but subsequently cancelled the permit request after R300 was transported to SeaWorld on September 12, 2011.

http://egov.monroecounty-fl.gov/eGovPlus/permit/permit_all.aspx?permit_no=11304175&pid=00086740000000

On September 10, 2011, Chris was arrested on the adjacent Hampton Inn property by Miami off-duty Police Sergeant Javier Ortiz, who at the time was also an associate of the staff at the Marine Mammal Conservancy.