Orca Welfare and Safety Act

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A pod of orcas moving through the inland waters of Alaska. Pod of Killer Whales (3725725010).jpg
A pod of orcas moving through the inland waters of Alaska.

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.

Contents

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. [1] [2] [3] Since the beginning of Orca captivity in 1961 there have been 156 Orcas held in captivity. [4] As of March 2017, there are 61 Orcas held in captivity around the world and SeaWorld owns 26 of them. [4]

Legislative Process

In 2014 California Assembly member Richard Bloom introduced the assembly bill 2140 known as the Orca Welfare and Safety Act. [5] 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. [5] The bill sat for two years until March 2016 when it was reintroduced as AB 2305 and put to a vote. [6] In April the bill passed the California Assembly with no opposition and moved onto the senate renamed as AB 1453. [6] 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. [6]

Bill

This law makes it illegal for any person, institute, or corporation to breed captive Orcas, illegal to move or receive captive Orcas or Orca embryos from a captive orca from any state or country, and illegal to use captive orcas as a mean of entertainment/performance. [7] A violation of this law from any person, institute, or corporation is a $100,000 fine and/or 6 months in jail as a misdemeanor. [7] The law also establishes that the remaining captive Orcas in California are to be used for educational purposes and will exhibit natural behavior with a live science-based narration to the public. [7]

Response

This is a picture of the Shamu show at Sea World San Antonio, taken on March 14, 2013. Shamu March 2013.jpg
This is a picture of the Shamu show at Sea World San Antonio, taken on March 14, 2013.

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]

See also

Related Research Articles

<span class="mw-page-title-main">Orca</span> Largest living species of dolphin

The orca, or killer whale, is a toothed whale that is the largest member of the oceanic dolphin family. It is the only extant species in the genus Orcinus. Orcas are recognizable by their black-and-white patterned body. A cosmopolitan species, orcas are found in diverse marine environments, from Arctic to Antarctic regions to tropical seas.

<span class="mw-page-title-main">Whale watching</span> Viewing cetaceans in their habitats

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.

<span class="mw-page-title-main">SeaWorld</span> American theme park chain

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 SeaWorld Parks & Entertainment. The parks feature orcas, sea lion, and dolphin shows and zoological displays featuring various other marine animals.

<span class="mw-page-title-main">Dolphinarium</span> Aquarium for dolphins

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.

<span class="mw-page-title-main">Vancouver Aquarium</span> Aquarium in Canada

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.

<span class="mw-page-title-main">Corky (orca)</span> Female captive orca at SeaWorld San Diego, California, USA

Corky II, often referred to as just Corky, is a female captive orca from the A5 Pod of northern resident orcas. At approximately the age of four, Corky was captured from Pender Harbour off the coast of British Columbia on December 11, 1969. She has lived at SeaWorld San Diego in San Diego, California since 1987. As of 2023, she is the oldest and longest kept captive orca. SeaWorld San Diego celebrates her birthday on 2 January every year.

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.

<span class="mw-page-title-main">Marineland of Canada</span> Theme park in Niagara Falls, Ontario

Marineland, is a themed zoo and amusement park in Niagara Falls, Ontario, Canada. The park has performing marine animal shows, exhibits of marine and land animals, and amusement rides. It keeps dolphins, sea lions, and beluga whales. Until 2023, the park also kept walruses and orcas. The park also keeps bears, deer, and other land animals. It was founded and operated by John Holer, a Slovenian immigrant, from 1961 until his death in 2018. It is privately owned and operated by his family.

<span class="mw-page-title-main">Marine mammal park</span> Type of amusement park

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 multiple orca attacks on 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.

<span class="mw-page-title-main">Captive orcas</span> Orcas held in confinement

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 1 January 2024, around 59 orcas are in captivity worldwide, 35 of which were captive-born. At that time, there were 18 orcas in the SeaWorld parks.

<span class="mw-page-title-main">Dawn Brancheau</span> American SeaWorld trainer (1969–2010)

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.

<span class="mw-page-title-main">Tilikum (orca)</span> Captive killer whale (c. 1981 - 2017)

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 in Victoria, British Columbia. He was subsequently transferred in 1992 to SeaWorld in Orlando, Florida, where he sired 21 calves throughout his life.

<span class="mw-page-title-main">Shamu (SeaWorld show)</span> Orca shows at SeaWorld

Shamu was the stage name used for several captive performing orcas at SeaWorld as part of their theatrical Shamu show beginning in 1960s. The original Shamu died in 1971, but the name was trademarked by SeaWorld, and has been given to different orcas over the years.

<span class="mw-page-title-main">Morgan (orca)</span> Female orca (born 2007)

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.

<span class="mw-page-title-main">Richard Bloom</span> American politician

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.

<i>Blackfish</i> (film) 2013 American documentary film

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.

<span class="mw-page-title-main">Granny (orca)</span> Resident orca known for her long life

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.

<span class="mw-page-title-main">John Hargrove (orca trainer)</span>

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.

References

  1. Goldman, Jason. "SeaWorld Succeeds In Delaying Orca Welfare Bill "For Further Study"". Gizmodo. Retrieved 12 April 2017.
  2. Hill, Taylor. "Can the ORCA Act Shut Down SeaWorld?". TakePart. Retrieved 12 April 2017.
  3. Hugo, Kristin. "Orca Shows and Breeding Banned in California". National Geographic. Archived from the original on September 15, 2016. Retrieved 12 April 2017.
  4. 1 2 "The Fate of Captive Orcas". WDC, Whale and Dolphin Conservation. Retrieved 2017-04-12.
  5. 1 2 "The Orca Welfare and Safety Act in California | Animal Welfare Institute". awionline.org. Retrieved 2017-04-12.
  6. 1 2 3 "Cetacean Anti-Captivity Legislation | Animal Welfare Institute". awionline.org. Retrieved 2017-04-12.
  7. 1 2 3 "Bill Text - AB-2305 Protection of orcas: unlawful activities". leginfo.legislature.ca.gov. Retrieved 2017-04-12.
  8. 1 2 3 "SeaWorld San Diego officially cancels plans for $100 million orca tank expansion - Inside the Magic". Inside the Magic. 2016-04-21. Retrieved 2017-04-12.
  9. CNBC (2015-12-30). "SeaWorld suing California over ban on orca breeding". CNBC. Retrieved 2017-04-12.
  10. 1 2 Herreria, Carla (2017-01-05). "SeaWorld's Controversial Orca Show Ends For Good In California This Sunday". Huffington Post. Retrieved 2017-04-12.