A company which planned to open a dolphin park on Bermuda's south shore is appealing a ruling rejecting the project.

And Tourism Minister Ewart Brown has written to Bermuda Dolphin Oasis promising to back the controversial enclosure.

In documents obtained by The Royal Gazette, Dr. Brown e-mailed owner Martin Hassell, saying: "I had already decided to support your effort and to rip apart the arguments of those who say that others should be excluded where they have been permitted.

"Do not worry. I have not spoken with my Ministerial colleague yet, but you should know that you will have my energetic and public support."

A second e-mail, sent from Dr. Brown's e-mail address, reads: "MT: I support this group totally! They are opposed by the old Bermuda people who believe that once they've been let in the door, that the door should be closed!

"Please prepare a stinging rebuke of these objectors while congratulating the new group for their effort to put pop and sizzle into the tourism product!"

The plans were originally submitted to the Development Applications in December 2003 and rejected in December 2004.

The board claimed that "the applicant has not specified the extent and depth of the dredging required and the implications of this action on the environment".

The board also said the location of the proposed enclosure - Sinky Bay near the former Sonesta Beach Hotel - exhibited questionable water quality at times.

"The Board is not satisfied that the site is a suitable location for a dolphin habitat in terms of the location, topography (benthic), physical features and the potential impact of the proposed development on the natural environment of the area," the DAB said in its rejection.

Before it made its ruling DAB received hundreds of written objections from environmentalists locally and overseas.

The Bermuda Society for the Protection of Animals called in a marine expert who claimed that dredging the bay - which Dolphin Oasis planned to do in order to keep the dolphins - would disturb a deep layer of mud on the sea bottom, which in turn could make any dolphins susceptible to black muscle disease.

And local activist Lisa Vickers - who is studying for her doctorate in biology - held an underwater protest at the site.

In its appeal to the DAB, Dolphin Oasis dismissed the SPCA expert's opinion that dredging the sea bed would harm the bay, presenting a report by its own environmental engineers which said no harm would come to the bay through dredging.

The company also dismissed Ms Vickers' protests, claiming that she "manipulated the local newspaper into providing significant media attention to this application. This attention was an effort to stir controversy about the proposal".

The company admitted that the water quality had, at one time in the past three years, been poor but this was because of a faulty sewage line which has now been repaired.

"The test dates following this occasion showed that the water quality had returned to normal upon repair to the line," the company said in its appeal.

And Dolphin Oasis also took aim at its rival, Dolphin Quest, which opposed the development.

"It is wrong for the Board to refuse this application based on reasoning deduced from an objector that is a direct competitor," the company stated.

"We have found through our research, that Dolphin Quest is not meeting the demand of visitors to the Island in the high season. Furthermore, the facility proposed is of a much higher calibre than the existing inadequate Dolphin facility. There will be no negative or physical impact or visible impact as a result of this development."

And the stingrays Dolphin Oasis intends to import will not feel it when they trim their barbs, they claimed.

"These barbs are not surgically removed as stated, but rather trimmed with clippers on a routine basis, just as one trims their fingernails or a dog's claws," the company said.

But they do admit dolphins will die in their care.

"There will be a natural passing of animals and a natural addition of animals, under an animal management plan," they said. "Both Mr. and Mrs. Hassell are animal lovers and have a companion dog".

And their dolphins will love captivity, they said, as long as they are well cared for.

"For the dolphins to consider leaving the enclosure would require a reason, and given that within the enclosure the animals are provided food, environmental enrichment, mental stimulation, secure environment and companionship, the need to explore the unknown would contradict all known behavioural models".

In its closing arguments, the coompany stated: "It is incorrect for the Board to consider the objections of international and local activists who have not even thoroughly reviewed the application. The project history illustrates that it was out of time objections coupled with negative publicity that unfairly influenced the Board's decision making. Ultimately, the Board's decision to refuse this application was advised in an unjust manner."