The mammal died in the South River in Old Bridge in August
The state Department of Agriculture has denied a request under New Jersey's Open Public Records Act for information on the cause of death of a dolphin that swam into a Middlesex County river in August.
And the state's reasons for doing so involve a surprising interpretation of the law.
Muckrock.com, a collaborative news site that maintains a repository of state and federal government records requests, sought records related to the necropsy of the dolphin, which was spotted in the South River in Old Bridge in August. The animal drew dozens of onlookers and prompted a rescue effort by the Marine Mammal Stranding Center of Brigantine, which tried to coax the struggling dolphin into Raritan Bay, but it died in the river a few days later.
Last month, Muckrock, which made the request just days after the animal's death several months ago, received a reply: request denied.
The state refused the request because it is related to a "medical diagnosis or evaluation," the Department of Agriculture's designated records custodian wrote. Medical information related to "individuals" is commonly exempt from disclosure under the state's records laws, but the exemption is often understood to refer only to human beings, as Muckrock wryly noted.
"Seeing as the exemption applies to 'information concerning individuals,' this rejection would therefore appear to be granting dolphins personhood. With no disrespect to the records coordinator at the New Jersey Department of Agriculture, that seems like the kind of decision best left to someone with a slightly higher pay grade," the group said in an online posting.
The state has released animal necropsies and examination results in the past, including from the bear that fatally attacked a Rutgers University student in West Milford in 2014 and of several birds killed by pesticide in Millville in 2012.
Paul Milo may be reached at pmilo@njadvancemedia.com. Follow him on Twitter@PaulMilo2. FindNJ.com on Facebook