Controversial plans to build Bermuda's second dolphin captive swim facility at Sinky Bay were turned down by the Development Applications Board yesterday.

Local and overseas environmentalists were successful in their fight to prevent the Bermuda Dolphin Oasis, a business proposed by Martin and Lynn Hassell, from setting up on the grounds of the former Sonesta beach hotel on the south shore.

The board sited a number of reasons for their refusal notice mainly the extensive dredging of the bay that would be required before humans and dolphins could swim in the area, the questionable water quality, and the proposed location of the facility.

The Hassells can appeal the decision under current planning regulations and have their application sent to Environment Minister Neletha Butterfield to reconsider.

Her decision is final and can only be appealed in the courts on a point of law.

In their refusal statement the DAB said the proposed development fails to conform with the provisions of the Development and Planning Rules 1997 as insufficient information had been submitted to enable a proper assessment of the proposal in compliance with the 1992 Planning statement.

Bermudian biology student Lisa Vickers led the local call to action through her web site www.envirotalk.org and was joined by prominent overseas environmental groups who feared dredging the bay could cause havoc on the surrounding environment.

Yesterday, however, Ms Vickers said the fights is not yet over and she urged people to continue to take action by voicing their dissent.

"I am very pleased that the DAB has issued a refusal and would like to thank them for acting appropriately.

?However, I am still concerned that this will be appealed and I have not called off the protest e-mails yet.

The pressure will remain until we are certain that Sinky Bay is safe and that more dolphins are not about to be enslaved on our shores,? said Ms Vickers.

The next stage of the fight is to tackle Dolphin Quest said Ms Vickers. ?Once we have won the fight against Dolphin Oasis I would also like to tackle Dolphin Quest. The U.K does not not allow captive dolphin enclosures and I think Bermuda should follow suit. In the late

1980?s/early 1990?s public opinion on the confinement of these intelligent

marine mammals in a totally un-natural environment purely for public entertainment began to change.?

A report conducted by an independent biologist also states that dredging has the potential to indirectly affect corals in the area, an issue Ms Vickers is concerned about dredging the bay since it is sheltered on the south shore and ecologically unique.

The World Society for the Protection of Animals and the Whale and Dolphin Conservation Society as well as local dolphin swim facility Dolphin Quest also urged people around the world to take action against plans to erect the Dolphin Oasis.

Hundreds of e-mails and letters were sent to the Department of Planning and this newspaper from members of the public in Bermuda and elsewhere expressing their concerns.

The DAB also found that the extensive dredging and associated development required to create a captive dolphin facility within the relatively shallow, South Shore Bay that exhibited questionable water quality was contrary to a section of the Bermuda Plan 1992 Planning statement.

The Board also said they were not satisfied that the site was suitable for the dolphin swim park and interactive marine centre the Hassells had proposed in terms of the physical features surrounding Sinky Bay and the impact of the development on the surrounding environment.

Last week the sailed into Bermuda carrying the Sea Shepherd marine conservation group founded by Captain Paul Watson. The group voiced their dissent against the planned opening of Bermuda?s second dolphin swim park.

Sea Shepherd is against any kind of programme where marine mammals are kept in captivity on principle.