California Bill to Ban Orca Captivity

[deepblue]

A California lawmaker has proposed a bill to ban Orca shows in captivity and end captivity for Orcas, where possible.

This is a well thought out, fair and progressive bill that shows the major shift in attitudes toward orca captivity in the country in the last few years. This is a long time coming. It might not pass, but it is a wonderful first step.

The article here is quoted below. Note that the bill takes into account that orcas can't simply be freed, but addresses that issue, as well as the captive breeding programs and rehabilitation. The assembly member who wrote the bill is a long time oceans and animals advocate.

One step at a time.

In a surprising move that is sure to send shock waves across the entire captive whale and dolphin industry, a California lawmaker will propose legislation to outlaw Shamu shows at SeaWorld San Diego.


State Assemblymember Richard Bloom, D–Santa Monica, will introduce Friday the Orca Welfare and Safety Act, which would make it illegal to “hold in captivity, or use, a wild-caught or captive-bred orca for performance or entertainment purposes.” The bill would also ban artificial insemination of captive killer whales in California and block the import of orcas or orca semen from other states.


Violators would face a fine up to $100,000 and/or six months in a county jail.


“There is no justification for the continued captive display of orcas for entertainment purposes,” Bloom declared in a written statement prior to a press conference to be held at the Santa Monica Pier. “These beautiful creatures are much too large and far too intelligent to be confined in small, concrete pens for their entire lives. It is time to end the practice of keeping orcas captive for human amusement.”


According to Bloom, the law would be “the most comprehensive protection law for captive orcas in the United States in over 40 years.”
Under the terms of the bill, all 10 orcas held in tanks at SeaWorld San Diego, the only California facility that has whales, “shall be rehabilitated and returned to the wild where possible.” If that is not possible, then the whales must be “transferred and held in a sea pen that is open to the public and not used for performance or entertainment purposes.”


Exempt from the legislation are any orcas held for rehabilitation after a rescue or stranding, or for research purposes. But even these animals would have to be returned to the ocean or sent to a sea pen.


It is not the first time state lawmakers have tried to outlaw the captivity of killer whales, the world’s largest dolphin. South Carolina passed a bill in 1992 against captivity for dolphins and porpoises following efforts by the South Carolina Humane Society to stop a proposed dolphin park in Myrtle Beach. Just last month, New York state Sen. Greg Ball, R-Carmel, introduced a bill to ban orca captivity in that state.


Of course, there are no captive orcas in South Carolina or New York, making the California bill far more than a symbolic gesture.






At least five countries—India, Croatia, Hungary, Chile, and Costa Rica—have also outlawed all cetacean captivity, while Switzerland has banned captivity for dolphins.


Dr. Naomi Rose, marine mammal scientist at the Animal Welfare Institute, said the bill was inspired by the orcas-in-captivity documentary Blackfish.


“The Blackfish effect has never been in greater evidence—everything has led to this, the first serious legislative proposal to prohibit the captive display of this highly intelligent and social species,” Rose wrote in an email. “SeaWorld should join with this effort rather than continue to fight it. They can be on the right side of history.”



Assemblymember Bloom reached out to Gabriela Cowperthwaite, the director of Blackfish, for help with the bill, who in turn consulted with Rose.
“We did not initiate this proposal,” Rose wrote. “But once they reached out to us, we dove in wholeheartedly and assisted in every way we could—helping with the bill language, information, and fact-gathering, and getting support from various sectors of the public, including the scientific community.”


Rose also gave credit to former SeaWorld trainers featured in the documentary for supporting the legislation. Rose, Cowperthwaite, and former SeaWorld trainers Carol Ray and John Hargrove were scheduled to appear with Bloom at the Friday press conference.


Should the bill become law, SeaWorld might want to look at other highly successful aquariums that do not keep cetaceans in swimming pools. The Monterey Aquarium in northern California, for example, is routinely packed with visitors, without a single whale or dolphin in sight.
In South Carolina, where orcas will likely never entertain people, staffers at the South Carolina Aquarium in Charleston routinely direct visitors to local waterways if they want to see dolphins.


The Charleston Post and Courier reported in 2010 that when tourists ask to see the dolphins at the aquarium, the facility’s CEO, Kevin Mills, “smiles and answers, ‘Just walk out on our observation deck and you're bound to see them, swimming freely in the harbor.’

Here in San Diego, sea pens are totally possible. People would still want to see these animals. This could work. But Sea World continues to fight to keep an old business model, wants their trainers back in the water with the orcas... four humans have been killed by their whales. If they don't change, how can there not be a 5th?

I'm sure SW's lawyers are revving their engines. And making so much money right now.

[deepblue]

The San Diego Union Tribune has a poll here about the issue. You can vote: http://www.utsandiego.com/news/2014/...erformances-a/

Currently, as of this post, it's 67% yes for the ban.

[Mermaid Adriel]

I've just voted yes.

[MermanZen]

Yes yes yes!!!! Finally I've been waiting for this!!!! Finally my favorite sea mammal the Orca will no longer be used for our entertainment, you don't know how much this means to me I've hated the fact that Sea World and many other parks have captured and used these beautiful creatures for show. But I didn't always think his way, when I was 10 my view of the shows was totally different, a chance to see one of the most huge and cool creatures of the sea pro forming right here in front of me was one of the best childhood memories I ever had. My dream was to one day join the program in rescuing and helping these creatures but that all changed when I saw how horribly they are treated and how depressed the whales really were. I hope that my vote helps the ban of Orca shows in the US and hope that if the US goes through with this ban, to show the world that these shows are wrong. Thank you

[deepblue]

I'm very glad right now that I don't have a television. This is a Sea World town- I hear their fireworks every night in the summer, I can see their tower from a few blocks from where I live. When this bill comes up for voting, Sea World is going to go NUTS with the tv commercials and attempts to fight it.

I wish they'd just accept that this is a sea-change whose time has come, and work *with* it instead of against it. If they'd change the way they deal with cetaceans in general, they'd win new clientele, not lose.

[AniaR]

My big concern with this is that there has been nothing done for the next step. There is nowhere for the whales to go.

There are several suggestions which have some problems that aren't being addressed either.

1-Release the whales to the wild. This isn't going to work. And honestly, I feel it's negligent. There are an estimated 5 whales in all of America who are candidates for being released with a good chance of being accepted into a pod. It will cost millions and millions and millions of dollars each to retrain and release the whales, and so far this has not worked in the past. Now the rest of the whales, they will *not* survive, and you really just can't magically come up with all the money, space, and resources to try. It's an *ideal* that will end up killing whales just because people like the idea of them being in the ocean and free. Here's a great reflection from the man who worked to free Keiko on the topic: http://www.oceanfutures.org/news/blo...-captive-orcas

Which leaves the alternative that Blackfish suggested:

2- Make some sort of refuge place where the whales can live out the rest of their lives in sea pens with more natural settings. I don't disagree that this isn't a great IDEA. but for the time being, it isn't practical for several reason: a) we can't even police the existing ocean wildlife refuges from illegal and dangerous activities. b) sea pens allow for waste build up in the same way it happens with sea pen farming. The feces from the whales and the food given to them causes imbalance in the local ocean acidification levels, creates parasite problems, makes local fish sick etc (pretty much all the same issues you see with sea pen farming of salmon). c) There are a lot of whales which will require a lot of space, many can't be together, where is the money to create these spaces? where will the spaces come from? where will the man power come from? who gets to regulate the animals? do they become property of the government? who is responsible for the health? where does the food come from and who pays for it? I think you get the idea. Not to mention some animals WILL die from the transportation.

Many suggest that these places will pay for themselves if the public are allowed to view the animals in their more natural setting, but the millions and millions (and I wouldn't be surprised if it cost several billion by today's standards) needed in upfront cost- Blackfish didn't address ANY of that and neither do most of the whale activism groups I follow. Consider it took years of funding to come up with the several millions of dollars from donators to rehabilitate keiko and years of work with keiko.

I feel that the whole blackfish movement, while it's aim was important and people needed to see what was happening and understand and stop supporting, is also a little bit irresponsible. We have an ethical duty to take care of these animals, but they have provided no viable means to do so.

I wonder what'll happen if this law passes? The government comes and takes over sea world? I see these poor animals quite physically tied up it litigation, dying, while the slow process gets started

[deepblue]

I've never seen Blackfish, or read the book that influenced it. I'm glad they're out there, because the public didn't have half a clue as to what was going on. I knew from years of being against cetacean captivity- giving up my Sea World pass when I was 18 and deciding based on what I saw there that this wasn't something I wanted to support, and then learning what I could over the years through whatever means I could.

But I don't agree that the bill is impractical. As far as parks like Sea World go, they have the money to make this happen. They don't want to. But if they were not given a choice, I'm sure they'd find a way to make it happen. These animals are their gold, and they'd eventually find a way to make themselves look like the good guys in the entire saga.

The halting of artificial insemination is the best part of this law. As many years as orcas live in the wild, we know how lifespans are reduced in captivity, how many calves die very young. Still they breed and those who survive become part of their machine. Stopping that would be the ideal first step. First, halt their producing these animals, and don't let them bring more in.

This has to start somewhere. When they started yanking these poor creatures out of the sea, they found ways to do things with them they never had before. They can do this, too.

[MermanZen]

I think Black Fish is on Netflix

[AniaR]

But I don't agree that the bill is impractical. As far as parks like Sea World go, they have the money to make this happen. They don't want to. But if they were not given a choice, I'm sure they'd find a way to make it happen. These animals are their gold, and they'd eventually find a way to make themselves look like the good guys in the entire saga.

I'm not saying the bill is impractical. I'm saying the suggestions blackfish made for what to do after whales are taken from seaworld. This ban would mean seaworld couldnt have the whales in any capacity. "hold in captivity" = seaworld having the whales in some compacity.

[Echidna]

I've seen the report about Keiko.
The efforts required to get him back into the wild were insane, and that was only one whale.

Apart from the difficulties that arise, why is this bill only directed at orcas, and not other dolphins?
They suffer just as much as their larger relatives do.

And while they're at it; how come there are still no sanctions in place against Japan's unabashed slaughter of dolphins and whales?
Ye, but that probably wouldn't go too well, since all countries overfish, even species near extinction.

[AniaR]

Apart from the difficulties that arise, why is this bill only directed at orcas, and not other dolphins?
They suffer just as much as their larger relatives do.

And while they're at it; how come there are still no sanctions in place against Japan's unabashed slaughter of dolphins and whales?
Ye, but that probably wouldn't go too well, since all countries overfish, even species near extinction.

^this. :/

I'm not saying the whole thing isn't worth it. I'm glad a bill may be passed. But it's time to look at the NEXT step

[Starfrit]

I agree with Raina here, to be honest. And while I'm really glad that there's finally a chance that we'll make headway on this orca and dolphin captivity thing, there doesn't appear to be any actual planning in the works for "Part 2" of this. Just "Oh we're gonna ban SeaWorld from having them in captivity, free the whales, put them in sea pens and everything will get better!" When I've read the articles about this issue, all of the questions Raina brought up were ones I got really hung up on, too. Say this bill passes, they get the green light, and SeaWorld is now officially banned from keeping and showing orcas. Will these magical happy-ending sea pens already be set up and ready to take the orcas (nevermind all of the environmental and health problems Raina's already addressed)? Or is SeaWorld going to have to hold on to them until the pens are ready? Will they be fined during that period for still technically keeping the orcas in captivity? Or does the government plan on somehow taking these orcas somewhere else to hold them until the pens are ready?

When I first heard about the bill, I was really excited; but the more I read into it I just found myself disappointed. It really sounds to me like they didn't think it all through.

I'm also really wondering why they're choosing to focus purely on orcas for this bill, when like someone else above said, dolphins go through just as much?

And while they're at it; how come there are still no sanctions in place against Japan's unabashed slaughter of dolphins and whales?

Have you seen the documentary, "The Cove"? It's a brilliant one that, while it's really hard for me to watch at some points, addresses a lot of different angles of the captive dolphin trade in Japan. And, unfortunately, money plays a huge role in why there are no sanctions against it. :/

[Echidna]

Have you seen the documentary, "The Cove"? ...And, unfortunately, money plays a huge role in why there are no sanctions against it. :/

figures.
destroying rainforests and reefs and turning the whole Earth into a poisoned wasteland is all acceptable to people who think they can eat, drink and breathe money.

and no, I've not seen it.
I get fits already if I see dudes fishing at my local lake.

the reason why I left my favourite place in the world (in southern China) was because I couldn't bear to see fish skinned alive and millions of shark fins waved into my face.

And as callous chinese people generally are toward animals, even they are horrified by the Japanese slaughter. :/

[AniaR]

Will these magical happy-ending sea pens already be set up and ready to take the orcas (nevermind all of the environmental and health problems Raina's already addressed)? Or is SeaWorld going to have to hold on to them until the pens are ready? Will they be fined during that period for still technically keeping the orcas in captivity? Or does the government plan on somehow taking these orcas somewhere else to hold them until the pens are ready?

exactly, I have researched it for years. there is nothing currently lined up at all in the slightest. :/

[deepblue]

Magical sea pens? Getting snarky doesn't help any discussion. I don't know if you've ever seen Sea World San Diego- which is the only one I've seen, but it's attached to the bay and the sea pen concept is quite realistic- including filtration, feeding, etc. I'm sure the next question would be what about the other places? Engineers created the pools the orcas live in, why is it so hard for people to see what can be engineered in the actual sea water around many of these parks? It's all one step at a time.

I'm inclined to listen to and agree with the orca experts people who work with -not train- and research orcas extensively, have years of experience) who've been addressing the problem or release and rehab, and discussing it for a while now. We can all agree or not but the fact is that none of us are actually involved, outside the power of our votes or the parks we patronize. This same debate goes on all over the web right now, and it's good people are so passionate. But as far as the blogs I either follow or get linked to via other blogs, I have seen only lay people insisting this is impractical or impossible. Yes, Sea World trainers have also said as much, but many of them aren't actually experts in orca behaviour or biology, which is nuts, but that's SW for you.

Until the first step is taken, of course there are no sea pens yet, or measures as of yet. People seem to think that it's going to be all laid out ahead of time and then everything will fall into place. That's not how it happens, when you are dealing with an industry that has always put money ahead of the well being of their animals, their employees, and even the places they're located until forced by law and massive fines to do otherwise (see SW's history of pollution). It would be awesome if marine parks would do this first, but they've made it clear they're not going to.

As far as the debate goes, I don't see anything that makes me feel differently about the whole situation. But I'm very happy to see that this is even up for discussion. Ten years ago people still looked at me like I was an alien when I said I don't patronize Sea World when it's in my own backyard. Now, more and more people get it and want a change, and that is heartening.

[deepblue]

Just as an FYI- one particular orca who is not in Cali, but in Spain, whose release is being sought by experts and laypeople alike is Morgan. The website for this orca has a great list of experts on orca release, if anyone wants to check out their points of view on the matter in general.

http://www.freemorgan.org/morgans-team/expert-board/

[AptaMer]

I'm not sure what the big deal is here, regarding the ongoing care for the captive orcas who can't be returned to the wild.

Yes, Sea World will have to build out a sea pen facility for the orcas, it may take a while, but if it's what they've gotta do- it's what they gotta do. Sea World will still make money off the orcas even in sea pens, since they'll still be an attraction for people to come & see them, even if they're not doing performances in shows anymore.

The Sea World suits will moan & whine & run ads against the legislation and against Bloom (using money they could have used to build prper sea pens . . . ) but this is probably inevitable. I think it will happen, and the orcas who remain will be OK.

[Capt Nemo]

And the next step will wind up with no captivity for any purpose. Stranded whale on the beach......Let it rot! Can't touch it legally!

Captive whales bring audiences and money! That money is also used to treat wild whales when they get stranded ect. No money, no treatment!

So careful what you wish for!

This is similar to the EPA's banning of wood stoves Jan 3. Can't burn wood anymore because it gives off too much particulates. (California's actually looking at doing this!) So now the dead wood will not be harvested for firewood, and be left in the forests providing even more fuel for forest fires.

So do you want minor amounts of particulates from cabin wood stoves, or massive forest fires that kick up more particulates than what stoves ever could?

Methinks those ecofreaks that sued the EPA to get this, should be held responsible for the costs of all forest fires!

[AniaR]

And the next step will wind up with no captivity for any purpose. Stranded whale on the beach......Let it rot! Can't touch it legally!

Captive whales bring audiences and money! That money is also used to treat wild whales when they get stranded ect. No money, no treatment!

So careful what you wish for!

Actually, it's been proven sea world doesn't do this very much at all, and when they do it's so they can legally acquire wild whales. You;re thinking of groups like the marine mammal conservation group that come in and save stranded whales. A perfetc example: when the pilot whales stranded themselves in Florida, Raven and Meshpa went down to help. For over a month the marine mammal group were with the whales daily, tending to their needs, holding them up, trying to get them back in the water. Sadly all of the whales died off but 2. Seaworld visited frequently and observed. They did 0 things to help, this is publicly documented on the marine mammal facebook page. when the two whales were left, they had the money and resources to heal and rehabilitate both. Both instead they took the healthier of the two, that also had scoliosis, and kept it. There is an actual law that seaworld can NOT have whales/dolphins unless they are on display to the public (spoken about wildly on conservation groups) and that animal was never released to the wild. It was kept and is now on display for visitors.

I'm inclined to listen to and agree with the orca experts people who work with -not train- and research orcas extensively, have years of experience) who've been addressing the problem or release and rehab, and discussing it for a while now. We can all agree or not but the fact is that none of us are actually involved, outside the power of our votes or the parks we patronize.

Don't freaking insult me. :/ Ive listed sources for my opinion already. You think I just made up my mind that seapens suck and arent the answer with no research? Or that I havent consulted the orca experts when I quoted the man who was responsible for releasing Keiko? Gimmie a break. When do I EVER go into a debate without having researched it? I don't just form opinions out of thin air. :/ give me a little more credit than that.

And I still really feel like you're missing the point here: If the law passes, seaworld is not allowed to have the whales in any capacity. So the seapens they have? (which actually aren't considered real seapens by all marine conservancy groups- check their FAQs and websites) don't matter. Because they are owned by seaworld and considered part of the park.

The point people are making, is not that we shouldn't pursue these things, but that they actually AREN'T being pursued at all, and the laws are passing and change is happening faster than we can actually provide help for the animals, and that these things take MONEY that does not exist. So yeah, I do think it's a bit irresponsible to set this all up, and not have the things lined up to follow through. And while we can say , "it'll eventually happen" what goes on in the meantime? These are valid concerns people people have, it's not snarky, it's critical thinking.

[AniaR]

Some quotes from the experts on the problems with sea pens FYI:

Some years ago in 1988, the UK Government published an independent scientific report they commissioned into the welfare of cetaceans by Dr Margaret Klinowska assisted by Dr Susanne Brown. This report: A Review of Dolphinaria, still remains one of the most comprehensive research documents published and it led to the codification of new standards in cetacean care in the UK. Moreover, despite some reports, the review and subsequent Steering Committee Report did not recommend a ban on cetacean keeping in the UK.

In the report, Klinowska addressed the issue of sea pens and highlighted some of the problems with this system of accommodation.

"...Some groups and individuals believe that cetaceans should only be kept in open sea pens, with water changed by tidal flow. There are practical problems with sea pens, relating to ensuring the provision of good quality water at all times, to the prevention of the build-up of pathogens and parasites and to the safety of animals in extreme weather conditions. These can only be solved by having provision for water treatment if necessary, by constructing pens so that they can be easily cleaned and by having alternative accommodation available to which animals can be moved, when required. It therefore appears that all the facilities of a conventional establishment would be required to provide the back-up necessary to ensure the welfare of animals at all times, making the use of sea pens a very expensive option..."

In the United States, their Animal Welfare Act (Subpart E—Specifications for the Humane Handling, Care, Treatment, and Transportation of Marine Mammals) makes clear statements as regards sea pens and water quality for marine mammals:

"...Ws (27) Any plans to keep cetaceans in sea pens need to include provisions to ensure the health and safety of the animals at all times.

(b) Water and power supply. Reliable and adequate sources of water and electric power must be provided by the facility housing marine mammals. Written contingency plans must be submitted to and approved by the Deputy Administrator regarding emergency sources of water and electric power in the event of failure of the primary sources, when such failure could reasonably be expected to be detrimental to the good health and well-being of the marine mammals housed in the facility. Contingency plans must include, but not be limited to, specific animal evacuation plans in the event of a disaster and should describe back-up systems and/or arrangements for relocating marine mammals requiring artificially cooled or heated water. If the emergency contingency plan includes release of marine mammals, the plan must include provision for recall training and retrieval of such animals..."

The UK regulations for zoo and aquariums is also very clear that facilities must be able to control standards in aquatic exhibits so as not to work to the detriment of the animals.

This is a major issue for sea pens, if there is a serious environmental problem such as a pollution incident, there is little that can be done to intervene to addressing problem other than sealing the environment and supplement water treatment and flow by artificial means, e.g., a water treatment systems. Or removing the animals from the facility; which in many cases may be impossible. Unlike a closed systems used by zoos like SeaWorld's which has a module pool design which can allow isolation of pool units and water treatment systems that can be precisely adjusted and controlled.

Another pressing issue would be how would animals be rescued and removed from such environments. In the case of small cetaceans like bottlenose dolphins, this may not be a major problem but with large mammals such as killer whales, this certainly would be problematic without adequate holding areas and heavy-duty mechanical lifting equipment with access to safe alternate facilities.

Therefore, it can be seen that once again those protesting against the care of marine mammals in human care and demanding their release to coastal sea-pens are at misguided and have not fully considered the animal welfare implications of such schemes.

----

THESE are the concerns I have. Not that I don't think the animals shouldn't be moved. Not that I think we aren't making progress. Not that I think seapens don't offer SOME help. They are concerns. They are critial thinking criticisms. They are valid. They can't just be swept away because YAY FREE THE WHALES. Yes, free the whales. Do it in the most ethical and manageable way possible though please. Which means IT IS TIME TO START LOOKING AT THIS PART OF THE PROBLEM which I've said in my original statement, these groups do not seem to be doing yet.