The Orca Welfare and Safety Act is a bill passed in the U.S. state of California in 2016. The bill phases out the holding of killer whales in captivity and establishes standards for treatment of all remaining captive orcas in zoos. [1]
The bill has been interpreted as being particularly targeted at the wildlife parks chains that hold Marine mammals such as SeaWorld and a response to the film Blackfish. [2] [3] [4] Since the beginning of orca captivity in 1961 there have been 156 orcas held in captivity. [5] As of March 2017, there are 61 orcas held in captivity around the world and SeaWorld owns 26 of them. [5]
In 2014, California Assembly member Richard Bloom introduced the assembly bill 2140 known as the Orca Welfare and Safety Act. [6] In April 2014 there was a live hearing in the Committee of Water, Parks, and Wildlife where there was no initial decision and the bill was set aside for an interim study. [6] The bill sat for two years until March 2016 when it was reintroduced as AB 2305 and put to a vote. [7] In April the bill passed the California Assembly with no opposition and moved onto the senate renamed as AB 1453. [7] After the bill passed the senate, the Governor of California, Jerry Brown, signed the Orca Welfare and Safety Act in September 2016 and the bill went into effect January 2017. [7]
The Orca Welfare and Safety Act makes it generally illegal for any person hold an orca in captivity, breed an orca, export or import orca gametes and embryos, or move any orcas to a facility that doesn't satisfy Animal Welfare Act standards. [1] The law provides an exemption from the automatic captivity ban for orcas already held in captivity and for orcas kept by a "bona fide bona fide educational or scientific institution" for rescue, rehabilitation, or research purposes. [1] A person's negligent or intentional violation of the law is subject to misdemeanor charges and up to a $100,000 penalty. [1]
In 2014 with the introduction of AB 2140 SeaWorld responded by releasing plans of a new expansion to the orca enclosure in San Diego called "Blue World". This was a $100 million expansion that would give the guests a more natural orca experience. [8] In 2015 the California Coastal Commission approved SeaWorld's coastal development permit Application 6-15-0424, but they added a ban on breeding and the import and export of the orcas. [8] SeaWorld did not agree with the decision and sued the California Coastal Commission claiming they did not have the authority to ban orca breeding in captivity. [9] In April 2016 after the bill passed the California Assembly, SeaWorld withdrew their expansion plans of "Blue World" and released a statement saying they would use the $100 million for other exhibits and attractions in the park. [8]
SeaWorld San Diego then announced that they would end the theatrical orca shows, which the last show was in January 2017, and would transition to a new "Orca Encounter Exhibit". [10] The company claims it will make the encounter more realistic to their natural setting and will aim towards research, education, care, and respect for the Orcas. [10]
Some former SeaWorld trainers and animal rights advocates have continued to call on SeaWorld to retire captive orcas to the wild or seaside sanctuaries, arguing that the conditions of captivity are inherently cruel. [11] [12]
The orca, or killer whale, is a toothed whale and the largest member of the oceanic dolphin family. It is the only extant species in the genus Orcinus and is recognizable by its black-and-white patterned body. A cosmopolitan species, they are found in diverse marine environments, from Arctic to Antarctic regions to tropical seas.
Whale watching is the practice of observing whales and dolphins (cetaceans) in their natural habitat. Whale watching is mostly a recreational activity, but it can also serve scientific and/or educational purposes. A study prepared for International Fund for Animal Welfare in 2009 estimated that 13 million people went whale watching globally in 2008. Whale watching generates $2.1 billion per annum in tourism revenue worldwide, employing around 13,000 workers. The size and rapid growth of the industry has led to complex and continuing debates with the whaling industry about the best use of whales as a natural resource.
SeaWorld is an American theme park chain with headquarters in Orlando, Florida. It is a proprietor of marine mammal parks, oceanariums, animal theme parks, and rehabilitation centers owned by United Parks & Resorts. The parks host shows starring marine mammals, especially dolphins and pinnipeds, as well as zoological displays featuring various other marine animals.
A dolphinarium is an aquarium for dolphins. The dolphins are usually kept in a pool, though occasionally they may be kept in pens in the open sea, either for research or public performances. Some dolphinariums consist of one pool where dolphins perform for the public, others are part of larger parks, such as marine mammal parks, zoos or theme parks, with other animals and attractions as well.
The Vancouver Aquarium is a public aquarium located in Stanley Park in Vancouver, British Columbia, Canada. In addition to being a major tourist attraction for Vancouver, the aquarium is a centre for marine research, ocean literacy education, climate activism, conservation and marine animal rehabilitation.
Shamu was a female orca captured in October 1965 from a southern resident pod. She was sold to SeaWorld San Diego and became a star attraction. Shamu was the fourth orca ever captured, and the second female. She died in August 1971, after about six years of captivity. After her death, the name Shamu continued to be used in SeaWorld "Shamu" shows for different orcas in different SeaWorld parks.
Marineland is a themed zoo and amusement park in Niagara Falls, Ontario, Canada. It is operating on a reduced scale while it is slated for redevelopment. No amusement rides are operating and it is claimed that all land animals have been transferred from the facility, however videos in 2024 showed large numbers of deer and some bears still on site. The park continues to exhibit dolphins and beluga whales.
Lolita, also called Tokitae or Toki for short,, was a captive female orca of the southern resident population captured from the wild in September 1970 and displayed at the Miami Seaquarium in Florida. She was retired from performing and taken off public display in 2022, and subsequently died in August 2023. At the time of her death, Lolita was the second-oldest orca in captivity after Corky at SeaWorld San Diego.
A marine mammal park is a commercial theme park or aquarium where marine mammals such as dolphins, beluga whales and sea lions are kept within water tanks and displayed to the public in special shows. A marine mammal park is more elaborate than a dolphinarium, because it also features other marine mammals and offers additional entertainment attractions. It is thus seen as a combination of a public aquarium and an amusement park. Marine mammal parks are different from marine parks, which include natural reserves and marine wildlife sanctuaries such as coral reefs, particularly in Australia.
Orcas are large, powerful aquatic apex predators. There have been incidents where orcas were perceived to attack humans in the wild, but such attacks are less common than those by captive orcas. In captivity, there have been several non-fatal and four fatal attacks on humans since the 1970s. Experts are divided as to whether the injuries and deaths were accidental or deliberate attempts to cause harm.
Dozens of orcas are held in captivity for breeding or performance purposes. The practice of capturing and displaying orcas in exhibitions began in the 1960s, and they soon became popular attractions at public aquariums and aquatic theme parks due to their intelligence, trainability, striking appearance, playfulness, and sheer size. As of 24 March 2024, around 55 orcas are in captivity worldwide, 33 of which were captive-born. At that time, there were 18 orcas in the SeaWorld parks.
Dawn Therese Brancheau was an American animal trainer at SeaWorld. She worked with orcas at SeaWorld Orlando for fifteen years, including a leading role in revamping the Shamu show, and was SeaWorld's poster girl. She was killed by an orca, Tilikum, who was also involved in the deaths of Keltie Byrne and Daniel P. Dukes.
Tilikum, nicknamed Tilly, was a captive male orca who spent most of his life at SeaWorld Orlando in Florida. He was captured in Iceland in 1983; about a year later, he was transferred to Sealand of the Pacific near Victoria, British Columbia, Canada. He was subsequently transferred in 1992 to SeaWorld in Orlando, Florida, where he sired 21 calves throughout his life.
Shamu was the stage name used for several performing orcas at SeaWorld.
Morgan is a female orca who was rescued in the Wadden Sea, off the northwestern coast of the Netherlands in June 2010. She was found in an unhealthy condition, severely underweight and malnourished. She lived several months at the Dolfinarium Harderwijk in the Netherlands. After it became clear that the basin at Dolfinarium was too small, multiple options were considered, including releasing Morgan and transferring her to another facility. Over a year later, after litigation and debate between scientists, a Dutch court ruled that she was to be moved. Morgan was transported to the Loro Parque in Spain in November 2011.
Richard Hershel Bloom is an American attorney, politician, and jurist who currently serves as a state judge in the Superior Court of Los Angeles County and formerly served as a member of the California State Assembly from the 50th district, which encompasses West Los Angeles, Beverly Hills, Agoura Hills, Malibu, Topanga, Pacific Palisades, Bel Air, Brentwood, Santa Monica, Beverly Hills, West Hollywood, Hancock Park, and Hollywood, from 2012 to 2022.
Blackfish is a 2013 American documentary film directed by Gabriela Cowperthwaite. It concerns Tilikum, an orca held by SeaWorld and the controversy over captive orcas. The film premiered at the 2013 Sundance Film Festival on January 19, 2013, and was picked up by Magnolia Pictures and CNN Films for wider release. It was nominated for the BAFTA Award for Best Documentary.
Granny, also known as J2, was a female orca of the J pod of southern resident orcas notable for her long life. Early estimates placed her birth in 1911, putting her at 105 years old at the time of her death. However, this estimate was later theorized to have been based on mistaken information and more recent studies put her at 65–80 years old. If she was 105, she would have been the oldest known orca at the time of her death. Granny lived in the northeast Pacific Ocean and coastal bays of Washington state and British Columbia. She was last seen on October 12, 2016, and was considered deceased by The Center for Whale Research in January 2017.
John Hargrove is a former senior killer whale trainer for SeaWorld and supervisor of killer whale training at Marineland of Antibes in France. Hargrove appeared in the 2013 documentary Blackfish, wrote a book about his experiences in Beneath The Surface, and has campaigned in support of legislation in California and New York to end the practice of keeping killer whales in captivity.