Last updated on July 16, 2023. Click here for the latest information.
Lolita/Tokitae at the Miami Seaquarium. Photo by @cetabaker on Instagram, reposted from Inherently Wild (https://inherentlywild.co.uk/lolitas-gallery/).
This is an update to my article about Lolita/Tokitae at the Miami Seaquarium, which is in one of the saddest captive orca situations. This orca is the star attraction at the Miami Seaquarium and so the facility has a vested interest in keeping her onsite. She has been the lone orca for over 50 years, living in a tank so small it violates federal regulations. Now poor inspections and revelations about neglect in her care have made new headlines.
“It is Lolita, more than any other captive orca, who offers the potential to answer the big question that hovered around the Blackfish debate: Why not return wild-born orcas to their native waters and pods?” – David Neiwert1
Veterinarian Ignored
In June 2021, a U.S. Department of Agriculture (USDA) inspection of the Miami Seaquarium found that it was providing low-quality animal care. The 17-page report outlined many problems and health risks to Lolita/Tokitae. The report noted that veterinary recommendations from the park’s own veterinary team were repeatedly ignored: “The facility’s attending veterinarian’s recommendations regarding the provision of adequate veterinary care and other aspects of animal care and use have been repeatedly disregarded or dismissed over the last year…Failure to allow appropriate veterinary authority poses a risk to the health and welfare of the animals.”2The primary veterinarian who made the ignored recommendations was fired in the same month as the USDA inspection.
One of the problems included that Lolita/Tokitae and other marine mammals were fed rotten fish for 8 days, even though the veterinarian and others objected. The orca developed inflammation in her bloodwork within a week. The marine amusement park had also cut her daily food allowance down significantly. Since orcas rely on fish not just for food but also for their water intake, Lolita/Tokitae could become severely dehydrated.
Other veterinary recommendations the park ignored included those about performance at her age, her diet, and even injuries. “After Lolita had injured her lower jaw, [the veterinarian] specifically directed the staff not to request head-in entry jumps or fast swims from Lolita, now a geriatric whale. Yet, regardless of this directive, according to the report, the training manager incorporated extra head-in jumps to its routine and continued fast swims.”3
Worse, the report detailed many other issues. These included “critical” issues with the pools and enclosures for dolphins and seals, poor water quality, and inadequate shade for the animals (which causes skin and eye lesions). Dolphins had been injured and some had even died because incompatible animals were housed together.
“She injured her jaw because they were making her do things that she was just too old to do. And the vet told them not to make her do them anymore. And they ignored the vet.” -Dr. Naomi A. Rose4
Photo by Freebird on Flickr, Creative Commons license (CC BY-SA 2.0)
Response from the Scientific Community
Many marine biologists, animal rights activists, and empathetic people, in general, find this report offensive. The poor USDA report elicited this response from Dr. Naomi A. Rose:
“What this outrageous report all boils down to is, the infractions were or will be corrected, at least long enough to pass muster at some follow-up inspection. And therefore it is dismayingly likely that, aside from a citation (which carries no fine), nothing will happen to [Miami Seaquarium]. They will suffer no penalty, they get to keep their APHIS license, no animals will be confiscated. And NOTHING WILL CHANGE. They are likely to be cited again in the future for similar infractions, because they know they will suffer no real consequences for cutting corners and being lax…It is now very clear that the law will NEVER protect Toki[tae]. I don’t know what will work, after all these years of so many people trying to help her, but at the very least, we need to spread the word of what has happened at [Miami Seaquarium]. Based on this inspection report alone, [Miami Seaquarium] is failing abysmally in its duty of care for this amazing being.“5
Park Sold Off to Another Company
Within two months of the poor inspection, Palace Entertainment, the current owner, sold the aquarium to the Dolphin Company. The timing is questionable. The Dolphin Company operates 32 parks and dolphin habitats in 8 countries including the United States, Italy, Mexico, and Argentina. They operate under different brands, including Dolphin Discovery, Dolphin Cove, Zoomarine, and Marineland (but not MarineLand Canada).
Both companies expect the final transitions to take place by the end of the year. The new company has promised to make improvements to the facilities and to allow authorities to make unannounced inspections. The director of Zoo Miami evaluated the Dolphin Company’s plans, including one specifically for Lolita’s care, and encouraged the Miami-Dade Board of County Commissioners to sign off on the deal.6
New Promises
The County Commission unanimously approved the transfer of ownership, as long as they “address” the issues in the USDA report. The Miami-Dade County Mayor proposed changes to the lease, which included requiring “compliance with the Animal Welfare Act, the maintenance of certifications by recognized organizations as the American Humane Association, and a commitment to seeking an accreditation with the Association of Zoos and Aquariums.” The county will increase oversight of the Seaquarium and “will aggressively monitor the health and well-being of these animals under the leadership of The Dolphin Company,” the mayor said.7
Image by FrodeCJ from Pixabay
Skepticism
Not everyone believes that the Dolphin Company will fulfill its proposals. Ric O’Barry, the founder of The Dolphin Project, wrote: “Miami Seaquarium, the facility holding Lolita (Tokitae) the long-term captive orca, is being sold to Mexico’s The Dolphin Company (aka: The Dolphin Abusement Company) for an undisclosed amount…The company has no plans to make major changes to the park and will continue to use Lolita as [the] main attraction.”8
Miami Seaquarium protester Thomas Copeland is also skeptical. He doubts that the new owner will be able to make significant improvements to Lolita/Tokiate’s situation, simply because her tank is too small. He said, “At its deepest point on that angle, it’s 20-feet deep…she’s 22 feet long. The simple math tells you that the animal is too big for this tank.”9 Unless the Dolphin Company plans to expand the entire whale tank, Lolita/Tokitae will continue to live in too small of a space. However, the Miami Seaquarium has not been able to expand, as the Village of Key Biscayne has denied previous requests for permission to expand. There is very little land in this area and the town tries to control business expansion and control traffic problems.10
Lolita/Tokitae at the Miami Seaquarium. Photo by @cetabaker on Instagram, reposted from Inherently Wild (https://inherentlywild.co.uk/lolitas-gallery/).
The Lummi Nation
As with many captive orcas, Lolita/Tokitae cannot just be released into the ocean because she’s lived in captivity for so long. She may not be able to hunt fish or merge into her old pod seamlessly. So the Lummi Nation, the indigenous people of the Pacific Northwest, is working with several organizations to safely relocate her back to her home waters under their care. The Lummi Nation views the orca as a relative and a member of their tribe. “They believe their treaty rights were violated when she was taken from her family in Puget Sound” in 1970. Squil-Le-He-Le Raynell Morris of the Lummi Nation said, “Under our inherent rights, she’s a relative. We have a right to call her home.” The Lummi Nation call Lolita/Tokitae Sk’aliCh’elh-tenaut, which means “nice day, pretty colors.”11
“She’s done. Her spirit is crying to come home. Let her go. Let her come home.” -Squil-Le-He-Le Raynell Morris, Lummi Nation12
A trainer at the Miami Seaquarium travels several feet into the air by holding on to Lolita the Killer Whale, the second oldest orca in captivity, as she jumps out of the water, 2022. This must have been captured just shortly before the marine amusement park stopped having her perform. Credit: Miguel Endara / We Animals Media.
Taking Lolita/Tokitae Home
The goal is to return Lolita/Tokitae to the Salish Sea where she was born. It is where her family, the L pod of the Southern Resident orcas, still reside. With guidance from marine biologists and other experts at the Whale Sanctuary Project, the Lummi Nation will provide her care while she lives out her life in a custom-built sea pen, in her natural environment. “As part of our Whale Aid work, the Whale Sanctuary Project has drafted a comprehensive operational plan to safely bring Sk’aliCh’elh-tenaut to a secure and protected area within the Salish Sea where she can thrive in her natal waters while receiving ongoing human care and while prioritizing the wellbeing of the Salish Sea ecosystem and all its inhabitants, including the Southern Resident orcas.”13
The plan is comprehensive and supported by the Whale Sanctuary Project, the Orca Network,14 the Earth Law Center,15 and Sacred Sea.16 There are many who argue against her release, but there are even more who argue for her retirement and relinquishment from the Miami Seaquarium.
Courtesy of Empty The Tanks. #50YearsOfStolenFreedom #Retire Lolita
Refusal to Relinquish Lolita/Tokitae
“I don’t want these hippies stealing my whale.” -Arthur Hertz former owner of the Miami Seaquarium, referring to animal rights activists in 199617
The main obstacle to this project is the Miami Seaquarium’s refusal to do what is best for the orca. They have repeatedly refused to relinquish Lolita/Tokitae. They argue that she is better off in its care despite well-documented evidence and eyewitness reports of neglect. In 2015, they said: “Moving Lolita in any way, whether to a new pool, a sea pen or to the open waters of the Pacific Northwest, would be an experiment. And it is a risk with her life that we are not willing to take. There is no scientific evidence that the 48-year-old post-reproductive Lolita could survive if she was returned to the ocean.”They refused to discuss all proposals of her sale or transfer to another park or aquarium, despite that her tank is way too small.18
In 2019, the Miami Seaquarium’s general manager wrote to the Seattle Times that the company had no interest in relinquishing her to another aquarium, marine amusement park, or sanctuary.19 Further, they have argued that she would not survive the long journey to the Pacific Northwest.
Lolita/Tokitae at the Miami Seaquarium. Photo by @cetabaker on Instagram, reposted from Inherently Wild (https://inherentlywild.co.uk/lolitas-gallery/).
What’s Next?
Most have speculated that The Dolphin Company will keep Lolita/Tokitae at the Miami Seaquarium. An activist told The Palm Beach Post that she emailed The Dolphin Company about Lolita/Tokitae’s release. They responded that they were not yet in charge of Seaquarium operations but that it would soon ‘explore the best options for Lolita’ in the near future. While the activist found hope in their response, I find this response to be the wording of typical corporate avoidance speak. Further, the company did not respond to emails from The Palm Beach Post about Lolita’s future.20 So we’ll see what they do. Meanwhile, activists are still protesting.
Lolita/Tokitae is not performing right now, because allegedly, the Miami Seaquarium’s whale stadium is temporarily closed for repairs.21 Hopefully she is being fed the right amounts of fish, receiving veterinary care, and swimming in clean water. If you want to advocate for this orca, please sign any of the pledges/petitions I’ve listed under Additional Resources below. Stay updated on news related to her situation. Share her story. Most importantly, don’t buy tickets to marine amusement parks! Thank you for reading, please share and subscribe!
Updates
March 2022:
The Miami Seaquarium announced that Lolita/Tokitae will no longer be on display. This is because the USDA granted the new owner (The Dolphin Company) a new license to operate the park on the condition that they no longer display Tokitae or Li’i, the Pacific white-sided dolphin that shares a tank with Tokitae.22
June 2022:
The Dolphin Company allowed an independent health assessment of Tokitae in cooperation with Friends of Toki and The Whale Sanctuary Project. They found her to be in good health overall and planned to continue monitoring her.23
July 2023:
In March 2023, the Miami Seaquarium announced its agreement to release Lolita/Tokitae! The plan “is the result of a ‘binding agreement’ among The Dolphin Company, which operates the Seaquarium, Miami-Dade County and animal rights advocates, the company said. The move comes after an outcry from those who complained for years that an animal from the ocean should not be kept in a small tank.”24This has taken years, but finally, it may happen!
Jim Irsay, philanthropist and owner of the Indianapolis Colts, has offered to pay for Lolita’s/Tokitae’s relocation. This will cost millions and may require the use of a 747 plane or a C-17 military plane. The relocation will involve building a sanctuary with netting in the Pacific Ocean off the northwest coast of the United States, which will require a permit from the USDA and the National Oceanic and Atmospheric Administration (NOAA). She will need to be monitored 24/7 and require veterinary care. She will need trainers to help her adapt and teach her how to catch fish again since she’s been in captivity for so long.25 It will take a village, but many of us are hopeful that this allows her to live out the rest of her life happily and with her family.
Eduardo Albor, CEO of The Dolphin Company, said: “Finding a better future for Lolita is one of the reasons that motivated us to acquire the Miami Seaquarium. With the help of Jim Irsay and Pritam Singh [co-founder of Friends of Toki], we are bringing that dream, the dream of returning Lolita to her home waters, closer than ever.”26
“I know Lolita wants to get to free waters. I don’t care what anyone says. She’s lived this long to have this opportunity. And my only mission is to help this whale get free.” -Jim Irsay, owner of the Indianapolis Colts27
For now, she remains in her small tank but is no longer performing or on exhibit. While the stadium is in poor condition and is no longer open to the public, the pool itself does not appear to have structural issues. In the last six months, the life support system that maintains the water quality in Toki’s pool has been upgraded and dramatically improved. With a systems investment of more than $500,000 in new chillers, filter media, an ozone generator to replace chlorine, and numerous regulators and pump replacements, Toki’s water quality is the best it has been in years and is monitored daily.” A hurricane plan is finally in place.
Friends of Toki state that there are four areas of concentration: 1) Current care for Lolita/Tokitae and conditioning her for transport to Washington State and life in an ocean enclosure. 2) Tribal consultation with the Lummi Nation; Washington State permitting for the site development of her ocean habitat. 3) A law firm is consulting on the federal regulatory side of her relocation, as Tokitae was captured before the Marine Mammal Protection Act, so she’s not protected by that act, and she is no longer under the protection of a federal (USDA) public display permit. 4) The design, fabrication, and installation of the ocean habitat enclosure and barrier net.28
She’s currently 57 but could live several more decades. Her likely mother, Ocean Sun, still resides with the L-pod, and many hope they will be reunited. Stay tuned by subscribing to me, the Whale Sanctuary Project, and Friends of Toki.
An orca through a viewing glass at the Detroit Zoo. Credit: Jo-Anne McArthur / We Animals Media
Today, I want to tell you about an organization that is very dear to me: The Whale Sanctuary Project. This sanctuary will allow captive cetaceans a chance at retiring and living freely. I love the organization’s work, research, scientists, and hold the utmost respect for this project. This is one that I’d appreciate your help in supporting!
If you’ve read my Orca series, then you understand why it is wrong to make them perform for humans and keep them in captivity. Cetaceans cannot thrive in concrete tanks. There just isn’t enough space for them to swim and get enough physical exercise. Years of breeding and artificial insemination caused cetaceans to breed too young, too inexperienced, and without the choice of when and with whom to breed with. Mothers and calves are regularly separated when the calf is only a few years old. Some cetaceans are forced to live alone, causing depression in these highly social, intelligent, and emotional creatures. After decades of observation, it is obvious to many how cetaceans are suffering in marine amusement parks. But now we have a chance to make it right.
“How can it be morally right for us to do to others, even when those others aren’t human, something we would consider devastating if it happened to us? That comparison isn’t anthropomorphism. It’s empathy.” -Dr. Naomi A. Rose1
A beluga whale on display at MarineLand Canada. Credit: Jo-Anne McArthur / We Animals Media
Purpose of a Sanctuary
There are sanctuaries for all kinds of animals including horses, elephants, primates, pigs, dogs, and birds. Many animals retired from farm life, circuses, and zoos reside in sanctuaries. But there has never been a sanctuary for whales and orcas. What better time than now?
The Whale Sanctuary Project “is the first organization focused solely on creating seaside sanctuaries in North America for whales, dolphins, and porpoises who are being retired from entertainment facilities or have been rescued from the ocean and need rehabilitation or permanent care.”2 Most people now understand that cetaceans in marine amusement parks are akin to performing circus animals. However, even if these animals are retired from performing, there is no place for them to go. A sea sanctuary will completely change that.
“Our vision is of a world in which all cetaceans (whales, dolphins and porpoises) are treated with respect and are no longer confined to concrete tanks in entertainment parks and aquariums.”-The Whale Sanctuary Project3
About The Whale Sanctuary Project (WSP)
View of the perimeter net that defines the sanctuary space at the Port Hilford site. Image courtesy of The Whale Sanctuary Project.
The WSP formed in 2016. In 2020, after years of research, exploration, and fundraising, the WSP selected a 100-acre site for the sanctuary at Port Hilford, Nova Scotia. This is an ideal location because it fulfilled the WSP’s principal considerations: “It offered an expansive area that can be netted off for the whales in a bay that’s open to the ocean but was sheltered from storms. It had access to necessary infrastructure and plenty of room along the shore for the facilities that would be needed to care for the animals.” And the Sherbrooke area locals are very supportive.4
The seaside sanctuary will be 300 times bigger than the typical concrete tank. It will be more natural than tanks in terms of acoustics, water quality, and habitat surroundings (plant and animal species that share the space).5 The cetaceans will be able to swim further and dive deeper, thus getting the exercise their bodies need. “The goal is to offer captive orcas and beluga whales a natural environment that maximizes their opportunities for autonomy, exploration, play, rest, and socializing.”6They’ll be able to make their own decisions, feed themselves, and most importantly – they won’t be required to perform like circus animals.
“We can’t undo all the harm we’ve inflicted on cetaceans by keeping them in captivity, but by providing them with seaside sanctuaries, we can improve their quality of life. That is our goal.” -Dr. Naomi A. Rose7
Image by Victor Cardella from Pixabay
Sanctuary Squashes Argument For Captivity
SeaWorld and other marine amusement parks have always indicated that it would be cruel to set captive orcas free into the ocean because they have been in captivity too long. This is partially true. Like animals in other sanctuaries, captive cetaceans cannot be returned to the wild. They may not be able to survive without some care and monitoring. They may not know how to hunt or socialize, and they may never find their original familial pod. Captive cetaceans may be attached to humans for food and social needs. Many captive orcas have dental problems and other health issues. Obviously, captive-born whales are not candidates for release into the wild. But a sanctuary is another story and is a real possibility.8
The Whale Sanctuary Project will change everything.
“The science tells us that these animals – dolphins and whales – cannot thrive in concrete tanks and theme parks and aquariums.” -Dr. Lori Marino9
Setting The Example
Image by JensG from Pixabay
“There are more than 3,600 whales, dolphins and porpoises held in tanks. To end captivity, we need to find somewhere for them to go. But it’s not easy. You can’t just take a whale or dolphin out of a captive environment and return them to the ocean. Some may need human care for the rest of their lives, and those who are suitable for a return to the wild will need to re-learn the skills they will need to survive.” -Whale and Dolphin Conservation10
There are 58-60 orcas and more than 300 belugas at marine amusement parks and aquariums. Other species include different species of whales, dolphins, and porpoises. Hundreds of dolphins are held at vacation resorts that offer “Dolphin-Assisted Therapy” and “Swim-with-Dolphins” programs.11 Most of the orcas at parks are candidates for the sanctuary, but it cannot provide a home to hundreds of cetaceans. “While our primary focus is the creation of the sanctuary in Nova Scotia, every aspect of it is designed with the larger purpose of its being a model for other and future sanctuaries around the world.”12
The WSP will provide additional support for cetaceans in situations that do not include its sanctuary through its Whale Aid programs. These programs “range from rescuing and rehabilitating ocean-going whales to developing complete plans for other organizations that are working to retire captive whale and dolphins to sanctuaries. Our Whale Aid team comprises experts from around the world in fields ranging from veterinary care to transport to construction and engineering.”13 The Whale Aid program will assist Lolita/Tokitae at the Miami Seaquarium. Working with the Lummi Nation of the Pacific Northwest, she will be returned to the Salish Sea from which she was born, if the Miami Seaquarium ever relinquishes her.14
If marine amusement parks and aquariums partnered or even just participated with the Whale Sanctuary Project, they could have a huge impact on the whales’ lives, conservation, and even their own public relations. It “would be a powerful legacy for the marine park that released them – a real example of conservation and education in practice.”15
“If seaside sanctuaries function as intended, eventually they will no longer hold any retired captive cetaceans. However, they will also serve as rehabilitation centers for stranded cetaceans, even during the period when they have ‘retirees’ as residents. And they will be able to serve this purpose in perpetuity.” -Dr. Naomi A. Rose16
Image by Chris Amos from Pixabay
Support This Project & Learn More
“Sanctuaries strive to go out of business.” -Dr. Ingrid Visser
Though a new movement, the WSP isn’t the only sanctuary in the works. Clearly, there’s a need for sanctuaries for marine mammals. The Sea Life Trust Beluga Whale Sanctuary opened in Iceland in the spring of 2019. They care for two female beluga whales who came from Changfeng Ocean World in Shanghai, China. In addition, they partner with another organization to rescue puffins.17 There have been proposals for a Dolphin Sea Refuge in Italy and for a South Atlantic Whale Sanctuary.18
“We’ll spend less on building a sanctuary than a marine park would…spend building the next small concrete tank.” -Charles Vinick, Whale Sanctuary Project19
The Whale Sanctuary Project’s new Operation Centre. Image courtesy of The Whale Sanctuary Project.
The WSP had the grand opening of the Operations Centre on October 29, 2021. It is located in the small town of Sherbrooke, about 20 minutes from the sanctuary site in Port Hilford Bay. This center, to which I proudly donated a small amount toward its opening, is the WSP’s home base for all of the design, engineering, and construction of the sanctuary. It will also serve as a welcome center and it has lodging for two visiting staff members and advisors.20 Going forward, they will focus on the construction of the sea pen.
I encourage you to continue to learn more about the problem of captive cetaceans, and I hope you can support The Whale Sanctuary Project with me! Thank you for reading, please share and subscribe!
Logo courtesy of The Whale Sanctuary Project.
“Recovering our humanity may be the real gift of the orcas, what they can teach us. It’s our choice whether to listen.” -David Neiwert21
Additional Resources:
Guide to my Orca Series, to learn more about captive orcas.
Video, “Whales Without Walls,” Charles Vinick, TEDxSantaBarbara, December 18, 2017.
Page, Deeper Dive, The Whale Sanctuary Project. Features scientific studies on cetaceans.
Page, “Live Series” of Webinars and Conversations, The Whale Sanctuary Project.
Video, “Let’s Throw Shamu a Retirement Party,” Dr. Naomi A. Rose, TEDxBend, May 25, 2015.
I want to end this series with some final thoughts and ideas for the future about orcas in captivity.
The Impact of Blackfish
My own interest in orcas began with the film Blackfish and my education about orcas grew from there. I found the documentary moving, educational, and enlightening. While some charge that Blackfish was one-sided, the producers, as indicated in the film, requested interviews with SeaWorld multiple times and SeaWorld declined all requests. Further, many other sources support the information in the film. SeaWorld spent years fighting against the film’s revelations, calling it propaganda, and even dedicating an entire website to trying to debunk the film. That website has since been taken down and their current website does not make a single reference to it that I could find.
According to David Neiwert, “The marine-park industry attracts more paying customers than even the most popular sports leagues. In 2012, orca facilities around the world drew over 120 million people, more than the combined attendance of Major League Baseball, National Football League, and National Basketball Association games. Orcas are Big Money now.”1 Of course, the Blackfish effect permanently altered the course of the marine amusement park industry on the western side of the world. There have been many articles written about the film’s significant long-term effects, some of which I’ve included under Additional Resources below.
Still, SeaWorld Parks & Entertainment alone had annual attendances of over 22 million in both 2018 and 2019.2 It is difficult to determine if SeaWorld has experienced a continued decline in recent years since 2020 and part of 2021 were affected by the COVID-19 global pandemic.
Entertainment as Cause
1970s MarineLand Canada brochure, image from Cetacean Collective on Flickr, Creative Commons license (CC BY-NC 2.0)
In my article about wild orca captures, I explained how the marine amusement park business model developed over time. Killer whales were once feared and believed to be dangerous. “Then someone got the clever idea to capture one of these terrifying creatures and to put it on display. And that changed everything…The public’s fascination with orcas was remarkable, considering that less than a generation before, these creatures had mostly elicited shudders of fear.”3 Humans discovered how intelligent and easy it was to train killer whales to perform, much like circus animals, for the purpose of entertainment.
“Ironically, it is their intelligence that has made these animals desirable for public display—their ability to understand human commands and learn complex behaviors or tricks has been exploited to provide humans with entertainment.” -Dr. Naomi Rose4
Image by M W from Pixabay
The Argument For Captivity
In Of Orcas and Men, David Neiwert talked about his experience taking his daughter to SeaWorld when she was very young. He asked, “These parks deserve great credit for providing people the opportunity to actually see, in the flesh, one of these great creatures, but do they truly show orcas as they really are?”5 Of course, the answer is no. I have struggled with that exact point throughout my whole orca series: the parks allow people to see orcas, and most of us don’t have the opportunity to see one otherwise. Isn’t that one of the same arguments in favor of zoos? To allow people to see and learn about the animal kingdom so that they will want to protect them?
But marine amusement parks have a different primary goal, that of entertainment. As Neiwert noted, “Those parks tell a different story about killer whales. They portray them as docile and friendly, like super-smart performing dogs.”6 Dr. Naomi Rose noted that the Animal Welfare Institute and World Animal Protection organizations “maintain that exposure to captive marine mammals does exactly the opposite of what the industry rhetoric claims; instead of sensitizing visitors to marine mammals and their habitat, it desensitizes people to the suffering inherent in removing these animals from their natural habitats and holding them captive.”7
“Captivity has been a catastrophe for most killer whales taken from the wild. Study after study has demonstrated that whales in captivity are more than two and a half times more likely to die than whales in the wild.”8
Photo by Shawn McCready on Flickr, Creative Commons license CC BY-ND 2.0)
The Façade of Science and Education
Many marine amusement parks in the U.S. are AZA-accredited. But many have not contributed to science, conservation, and education to the extent that zoological parks have. As whale researcher, Erich Hoyt, noted in 1992, “Marine parks do not measure up to the best zoos or environmental groups in terms of supporting or conducting science.”9 As I’ve learned, marine amusement parks still do not measure up, thirty years later. I think they’re starting to turn things around for the better, but there’s still a long way to go. “If science were a primary goal at marine parks, rather than display, much better scientific results could have been obtained with a fraction of the number of captive orcas and in a fraction of time.” Then the orcas could have been released. Hoyt argued that “science” was an excuse to keep captive orcas.10
Marine amusement parks also do not educate their patrons about cetaceans in the wild, or at least not very accurately. SeaWorld and other marine amusement parks sometimes portray the ocean as a scary place that orcas face a lot of challenges within, which is misleading. “However, that does not mean captivity is a better place for them than the wild. It only means that the people who fear for their well-being in captivity, and wish to see it ended, also need to be engaged in helping killer whales to thrive in the wild.”11 SeaWorld and the other parks have an opportunity to inspire their patrons to help protect the natural world.
“There is about as much educational benefit to be gained in studying dolphins in captivity as there would be studying mankind by only observing prisoners held in solitary confinement.” -Jacques Cousteau
An Example in Morgan the Orca
Photo by Annemieke Podt, found on Wikipedia, Creative Commons license (CC BY 3.0)
Morgan is a female orca at Loro Parque in the Canary Islands whose captivity is very controversial. Accidentally separated from her family when she was about 3 years old, she was captured off the coast of the Netherlands in 2010. She was taken to Dolphinarium Harderwijk to receive medical care for starvation and dehydration. Morgan was supposed to be rescued, rehabilitated, and released back to the ocean. However, the marine amusement park transferred her to Loro Parque instead where she has become a performing orca and was integrated into the park’s breeding program in conjunction with SeaWorld. The original agreement stated that she would not be put on public display but that part was ignored. There was a year of lengthy court battles but in the end, Morgan sadly remains at Loro Parque. She is an example of a captive orca that could be released to a sanctuary, if not back to the wild.
“Children know conservation is important, but what more powerful lesson than to show them how to put conservation into action by returning something to nature? It would be a noteworthy gesture from marine parks that have earned so much money from cetaceans.” -Erich Hoyt12
“If captive [cetacean] facilities were serious about trying to conserve the species that they possess, they would be focusing on protecting the habitats of populations in the wild and would actively be trying to ensure that their captive-bred animals could be reintroduced, and survive, in the wild.” -Dr. Naomi Rose13
Photo by Adam Ernster from Pexels
The View of Captivity is Changing
The view of orca and cetacean captivity is changing, though more on the western side of the world. As David Neiwert noted, “When we are forced to concede, as with orcas, that we are not unique in our intelligence, that we may not be the only creatures worthy of being considered persons, then we likewise have to reconsider our previous, Western-grown position as special beings somehow separated from nature.”14 But the marine amusement park industry is growing on the eastern side of the world, as I wrote about in a previous article. We, as human beings, have a long way to go in spreading the information and educating others about the problems of cetacean captivity.
“Growing awareness about the problems associated with captive cetaceans have led marine parks around the world to shut down or redefine themselves,” including India and Switzerland, both of which have banned orca captivity.15
The Future of Orcas in Captivity
There are many possibilities of drawing visitors to marine amusement parks without necessarily having real animals, especially ones that do not fare well in captivity. Several scientists have promoted the idea of having visitors view live feeds of wild whales, or offering virtual reality productions. Erich Hoyt wrote in 1992, “Anyone will then be able to experience life in an orca pod, to get a taste of life among wild whales at sea. With such possibilities, marine mammal shows which feature performing orcas will seem as passé as those spectacles of the Roman Colosseum. As public attitudes change, we believe that SeaWorld and other marine parks could make the transition to these new ways of ‘exhibiting’ marine mammals without any loss in admissions.”16 With the technology we now have almost 30 years later, imagine the possibilities!
Life-sized orca models at the Monterey Bay Aquarium. Photo by Thomas Hawk on Flickr, Creative Commons license (CC BY-NC 2.0)
Examples
The Vancouver Aquarium was the first to start changing its programming surrounding orca exhibition. In 1986, the programming featured information about the daily life of orcas and was perhaps the most educational show at any marine park at the time. Then, in 1991, they discontinued scheduled performances, moving away from the circus-like show, and instead offered limited training demonstrations.17 Since 2001, Vancouver Aquarium has not kept any orcas in captivity and has pledged not to capture wild animals. (Note: In April 2021, the pandemic nearly bankrupted the Vancouver Aquarium, so Herschend Enterprises, an American theme park and entertainment company, purchased the aquarium. They also co-own Dollywood, so I hope that they hold true to the Vancouver Aquarium’s ideals.)18
The Monterey Bay Aquarium, which focuses on the complex marine environment of Monterey Bay in California, is a highly successful aquarium with no large captive cetaceans or marine mammals. They have life-sized models and wildlife viewing from their facility.
Some museums offer full-scale models of all types of cetaceans, such as this one. “Blue whale model” at the Natural History Museum in London. Photo by Matt Brown on Flickr, Creative Commons license (CC BY 2.0)
Viewpoints
“We need to realize that these are beings that suffer the same as we suffer, they want freedom the way we want freedom.” -Russell Simmons, music executive19
Orcas were once feared and called ‘killer whales.’ But orcas in captivity changed the view of millions of people. People started to view them as more like playful dolphins that were fun, loveable, and intelligent. “Studies of wild orcas followed – some of the first were to help regulate the number of live captures – and this research gave insight into the lives of the free, wild orcas and led some to question whether orca captures and the practice of keeping them in marine parks should continue.”20 So, in this way, did captivity help this animal?
I don’t believe so. Humpbacks, blue whales, and other large cetaceans aren’t kept captive and people are still drawn to those animals. Interest breeds education and education breeds understanding. Also, the destructive wild captures have decimated some ecotype populations of orcas. Those populations might be fine if the marine amusement park industry hadn’t tried to capture so many, killing some unintentionally along the way.
Photo by Christopher Michel on Flickr, Creative Commons license (CC BY 2.0)
Where do we go from here?
I encourage you to read books, articles, and publications, and watch documentaries about the issues in my Orca Series. I’ve listed many resources throughout my articles in this series. You can follow the organizations trying to help both captive and wild cetaceans and the scientists who work with those organizations. For example, the Whale Sanctuary Project is a proposal to build a large sanctuary for retired cetaceans in Nova Scotia. They have a large team of scientists and professionals and have conducted extensive research in order to build the sanctuary once fundraising is complete. Cetaceans from marine amusement parks will have a safe ocean area to retire to, where scientists will care for and monitor them.21
Ric O’Barry’s Dolphin Project has operated for decades to free dolphins from captivity. They’ve worked tirelessly to close down or prevent from opening dozens of facilities that would have held captive dolphins and whales.22 Those are just two examples. I’ve listed other organizations under Additional Resources.
Don’t support marine amusement parks if you aren’t sure about their practices and ethics. If you don’t want to support a company, don’t buy tickets to any of their parks, as some companies own multiple. SeaWorld Entertainment, for instance, owns 12 parks. Though SeaWorld seems to be improving its practices and being supportive of the ocean and wildlife, they have a ways to go. But they claim that every ticket helps support their rescue operations. What do you think?
“Humans, despite a poor record of respecting the rights of other humans, as well as whales in general…are now in the position of helping or hurting all life on Earth. The question may well become: Can humans be good managers without assuming the traditional role of exploiter?” -Erich Hoyt23
Thank you for reading this series. I hope it’s helped you understand the issues, problems, and potential solutions regarding orca captivity. Please share and subscribe!
Additional Resources:
Blackfish:
Article, “SeaWorld’s ’69 Reasons you Shouldn’t Believe Blackfish’ – My Rebuttal,” Inherently Wild, accessed April 7, 2021. This website also features a full database of captured orcas, deceased orcas, pregnancies, and mother and calf separations.
Webpage, “Blackfish Reviews,” Blackfishmovie.com, accessed April 1, 2021.
Article, “The Blackfish Effect,” The Nonhuman Rights Project blog, December 27, 2013.
Orca performance at SeaWorld San Diego, May 7, 2021. Photo by K M on Flickr, Creative Commons license (CC BY 2.0).
In my series, The Plight of Orcas in Captivity, I have spent a lot of time explaining why I (and many others) believe that SeaWorld and other marine amusement parks should end orca captivity and cetacean performance. However, I’d like to emphasize that I am not anti-SeaWorld across the board. In fact, I believe SeaWorld has a chance to lead the way! They have the audience, expertise, funds, and resources to be leaders in ending such practices. They could be the example of increasing marine amusement park sales without having performing, captive marine mammals. Also, they could become leaders in conservation.
Today, I’ll explore those ideas, as well as what SeaWorld is already doing to change its own image and brand.
Orca performing at SeaWorld San Diego on October 24, 2019. Photo by .Martin. on Flickr, Creative Commons license (CC BY-ND 2.0)
“All the care in the world cannot compensate for the stress brought on by placing a large, highly mobile, highly intelligent, and highly social animal with a complex life into a small concrete tank.”1
SeaWorld in the Last Decade
After the deaths of two orca trainers in late 2009 and early 2010, the Occupational Safety and Health Administration (OSHA) investigated SeaWorld. They found that SeaWorld violated labor and safety laws. They instituted fines and banned “waterwork,” meaning that trainers could no longer swim with the killer whales. In 2013, after Blackfish and several books raised awareness about the harmfulness of orca captivity, SeaWorld’s ticket sales and shares declined steadily. They spent years on an ineffective public-relations campaign, criticizing and trying to discredit the producers of Blackfish, authors of several books, journalists of multiple publications, and former SeaWorld employees. They claimed the information stemming from all of those was agenda-driven. SeaWorld wasted resources on misleading public relations campaigns. That time and energy would have been more useful if directed toward transparency, education, and conservation.
Half-Measures and Misleading Public Relations
In 2015, the state of California proposed banning breeding, restrictions intended to gradually end orca captivity. The then-president of SeaWorld San Diego said that “A ban on breeding would sentence these animals to a slow extinction in our care.”2 Many orca experts and marine biologists found SeaWorld’s breeding practices unethical and inhumane. By 2016, California passed the law and banned the practice through the California Orca Protection Act.3In 2017, SeaWorld San Diego announced that it was ending its breeding program, as if it were a decision they made voluntarily. This “spin” was somewhat misleading because it was driven by legal requirements, it was not a decision made of their own volition.
Image by Aktim from Pixabay
That same year, SeaWorld San Diego announced a new orca experience. The new program “takes place in more natural looking habitats, with a focus on the whales’ natural behaviors” and that it would “include the awe-inspiring moments you love with an added emphasis on education and conservation.”4 However, SeaWorld continued to have the captive orcas perform multiple shows per day and their enclosures did not expand or change.
SeaWorld noted in that same post: “We haven’t collected a whale from the wild in nearly 40 years.” This was, again, misleading in that they didn’t mention that orca captures were banned by the late 1970s in several areas of the world, largely because of marine amusement parks and aquariums. Nor do they include the number of ‘transfers’ they’ve had over the years, which I wrote about in a previous article. In these situations, SeaWorld paid other marine amusement parks to capture whales and then transfer them years later with ‘incomplete’ documentation about the orcas’ origins.
“I have always been told that the truth is the best defense. If you are telling the truth, then there is no defamation.” -Dr. Naomi Rose5
Image by Chris Jones from Pixabay
Conservation in Marine Amusement Parks
Conservation efforts in aquaria and zoos are the most important of all. Though marine amusement parks aren’t quite an aquarium nor a zoo, they fall somewhere in between. Does this mean they should be exempt from having to participate in such efforts? No. In fact, any institution that holds captive animals should take responsibility for those animals in the wild.
Many in the scientific community are skeptical that marine amusement parks are not making real efforts, but merely participating in limited conservation efforts for public relations purposes. As Dr. Naomi Rose noted:
“The one area of activity in which dolphinaria and aquaria can legitimately claim to serve a conservation function is work involving the rescue, rehabilitation, and release of stranded marine animals…But even stranding programs, as they are now conducted, give cause for concern…Often the rescue efforts of the industry seem motivated by the desire to create better public relations…A more subtle facet of the issue is that the public display industry takes every opportunity to use a stranding as proof that marine mammals’ natural habitat is a dangerous place full of human-caused and natural hazards.”6
As noted in The Case Against Marine Mammals in Captivity, only beached, injured, or rescued individuals should be held until released. Those who cannot be released could be exhibited but without making the animals perform. Retained animals should have enclosures that replicate their natural habitats as much as possible.7
“That Should Be The Show”
Marine amusement parks have a unique opportunity now. Conservation is the area where they can make the biggest difference. Ric O’Barry, in A Fall from Freedom, said that many animal rights advocates don’t want to close down marine amusement parks. “Our strategy is to revolutionize them.” Marine parks can play a major role in the rescue, rehabilitation, and release of injured, stranded, and sick species. “That should be the show…not reducing them to performing circus clowns and selling this as education and research.”8
“Some marine parks participate in rescue work and education on conservation issues such as marine pollution and overfishing. These are commendable, but they do not justify displaying cetaceans captive for entertainment purposes. With the technology available today, there are endless possibilities for cruelty-free attractions, experiences and rides that can engage and entertain park guests, and in turn continue to fund rescue and education efforts.” -Ric O’Barry’s Dolphin Project9
Photo by Chad Sparkes on Flickr, Creative Commons license (CC BY 2.0)
SeaWorld’s Potential
In a commentary in the Orlando Sentinel, Brian Ogle, an assistant professor of anthrozoology, wrote that SeaWorld struggles with a “brand-identity crisis.” It was once a theme park based on entertainment but has now switched its identity to more closely align with the increasingly higher standards of the Association of Zoos and Aquariums (AZA). He argued that SeaWorld must work on “creating a balance between a modern theme park and a contemporary zoological facility.” He applauded their marine-life rescue programs but noted that “it must continue to do more.”10
“SeaWorld finds itself uniquely positioned to show the world it remains the industry leader in marine life exhibition and conservation.” -Brian Ogle, assistant professor of anthrozoology at Beacon College in Leesburg11
There are wild animal sanctuaries across the world for retired and rescued animals. Most operate on a non-profit business model, but Dr. Naomi Rose believes that a for-profit model could work for SeaWorld. They could have a sanctuary and rehabilitation center in a coastal area and open it to the public, generating ticket sales and other sources of income. “A visitor’s center can offer education, real-time remote viewing of the animals, a gift shop, and in the case of whales and dolphins can even be a base for responsible whale watching if the sanctuary is in a suitable location for that activity,” she told David Neiwert.12
SeaWorld Today
SeaWorld’s website claims that they are working toward being more environmentally responsible, by reducing single-use plastic straws and shopping bags, investing in renewable energy at one of their parks, reducing their overall waste and emissions, and using water conservation practices such as collecting rainwater and updating landscaping that requires less water. Unfortunately, the link to their Corporate Responsibility Report was broken so I could not review it. I emailed SeaWorld twice requesting the report but they never responded.13
Seaworld today is very different from the SeaWorld’s of the 1960s and 1970s when they were first established. They began as solely an entertainment park, and while that is still their primary purpose, their company statement indicates that their paradigms are shifting:
“SeaWorld Parks & Entertainment is a leading theme park and entertainment company providing experiences that matter and inspiring guests to protect animals and the wild wonders of our world. We are one of the world’s foremost zoological organizations and a global leader in animal husbandry, behavioral management, veterinary care and animal welfare.”14
They want to inspire people to care and protect, which is a goal of many zoos and aquariums. Most wildlife photographers and biologists agree that people will only protect what they can see and love. But there are ways to present these beautiful creatures without keeping them in small pools and making them perform.
Orca performance at SeaWorld San Diego, May 7, 2021. Photo by K M on Flickr, Creative Commons license (CC BY 2.0)
Rescue & Rehabilitation Operations
All SeaWorld and Busch Gardens parks participate in the rescue and rehabilitation of injured or stranded species. From their website:
“The SeaWorld Animal Rehabilitation Program is an important part of SeaWorld’s commitment to conservation, research, and education. Through this program, the SeaWorld animal departments rescue, treat, shelter, and release stranded animals. The main objective of the Rescue and Rehabilitation Program is to return rehabilitated animals to the wild.”
The company considers the program a “valuable scientific resource” because they learn about the biology and ecology of rescued animals and “this information adds to the pool of knowledge necessary to conserve threatened and endangered species.”15According to their website, the SeaWorld and Busch Gardens rescue teams have helped more than 38,000 animals in need since 1965. Where does that number come from? Here is a brief breakdown from their website:
Seaworld’s website provided more detail about the animals they’ve rescued and rehabilitated over the years, although it is not comprehensive.16
Laws and Regulations
SeaWorld is required to follow federal and state regulations regarding animal rescues. They outlined their rehabilitation process and included these statements: “The eventual outcome of an animal depends upon its initial condition when rescued…Rehabilitated marine animals must meet criteria for return established by the National Marine Fisheries Service (NMFS) or the U.S. Fish & Wildlife Service (USFWS).”17 Some might argue that these are justifications for retaining animals for display rather than true rehabilitation. But there is a hierarchy and SeaWorld cannot go rescue an animal without authorization from state and federal agencies. When the latter is notified of an injured or stranded animal, they have a contact list of organizations that can assist, like SeaWorld.
An example was in April 2021, when a boater discovered a sea lion with its head stuck in a buoy. They called the Port of San Diego Harbor Police Department, which contacted SeaWorld San Diego for assistance. The rescue team was able to free the sea lion. Additionally, they tagged the animal with a National Marine Fisheries Service (NMFS) identifier. NMFS is an agency within the National Oceanic and Atmospheric Administration (NOAA), and SeaWorld would not be able to do this without their authorization.18 In fact, NMFS has all three SeaWorld parks listed on their “Report a Stranded or Injured Marine Animal” contact page.19
Rescuing a distressed sea turtle, April 2016. Photo by USFWS – Pacific Region on Flickr, copyrighted by SeaWorld. Creative Commons license (CC BY-NC 2.0)
The Killer Whale Research and Conservation Program
This program is a sector of the National Fish and Wildlife Foundation. It supports efforts to advance the knowledge and conservation of killer whales. They specifically focus on the recovery of the Southern Resident orcas. They partner with SeaWorld, Shell, NOAA, and the U.S. Fish & Wildlife Service. According to the program’s website, “Resident populations of killer whales in the Pacific Northwest saw steep declines in the early 1970s and have failed to recover even with increased management protection since then.”20 They do not address that the steep decline was because of orca captures for marine amusement parks, including SeaWorld. SeaWorld does not directly address this either.
Photo by Bart van meele on Unsplash
Manatees
Organizations such as the Manatee Rescue & Rehabilitation Partnership (MRP) and the Florida Fish and Wildlife Conservation Commission (FWC) regularly work with SeaWorld, in addition to other local and state agencies, to rescue injured and sick animals. Manatees are a threatened species and are often injured by boats and propellers. They’ve also been affected by toxic algae blooms, known as red tides, in Florida.21SeaWorld Orlando has a Manatee Rehabilitation Area that people can visit.
Image by PublicDomainImages from Pixabay
Coral Reefs
SeaWorld has partnered with multiple organizations to help conserve coral reefs. This is especially in regards to the Stony Coral Tissue Loss Disease in Florida reefs. The disease was first discovered in Miami in 2014. It has spread and now affects more than 95% of Florida’s coral reef. The disease has high rates of transmission and mortality and has even traveled to the Caribbean. Numerous institutions and organizations have collaborated to fight the disease to try and save the coral reefs.22
In the meantime, AZA-accredited zoos, aquariums, and marine amusement parks are storing and caring for the rescued coral colonies.23 SeaWorld and Disney are among the organizations that help support the Florida Coral Rescue Center in Orlando, “the nation’s largest caretaker of rescued corals.”24
“Image of Stony Coral Tissue Loss Disease (SCTLD) on a Montastrea cavernosa, common name: Great Star Coral.” Photo by FWC Fish and Wildlife Research Institute on Flickr, Creative Commons license (CC BY-NC-ND 2.0)
Other Partnerships
Other SeaWorld partnerships include the Woods Hole Oceanographic Institution to help save the critically endangered North Atlantic Right Whale;25Rising Tide Conservation;26 The Corkscrew Swamp Sanctuary in the Western Everglades;27 and OCEARCH.28
SeaWorld Busch Gardens Conservation Fund
The SeaWorld Busch Gardens Conservation Fund has donated more than $18 million to projects such as animal conservation projects, coral reef restoration, habitat protection, and clean ocean initiatives. Established in 2003, the non-profit “works with organizations, individuals and experts in the U.S. and around the world to identify the most pressing challenges facing wildlife. The Fund then awards grants to projects focused on protecting wildlife, people and places in ways that are sustainable and long-term.” They partner with more than 40 organizations and universities.
But there are questions about this fund. They have not posted an annual report to their site since 2014. Their website also indicates that they are pausing and will not be accepting new grant applications because they want to “focus on funding pre-selected projects.”29 It is not clear what that means.
“Conservation research only works if it helps animals remain in the wild.” -Ric O’Barry’s Dolphin Project
Photo by Leslie Driskill on Unsplash
Is SeaWorld Changing?
When it comes to performing cetaceans, SeaWorld and other marine amusement parks have a dark history. I hope that era is coming to an end with SeaWorld leading the way. This would go a long way in earning the public’s trust and respect. And while they are not breeding orcas, SeaWorld still holds captive marine mammals that perform daily. SeaWorld should shift its focus away from performing captive animals and animals bred in captivity. They should retire and if possible, release their cetaceans into a sanctuary or their natural habitat. They should make the rescue, rehabilitation, and release of aquatic wildlife the point.
At the beginning of this article, I said that I believe SeaWorld could lead the way in conservation. It turns out that SeaWorld is already doing more than I thought. The company regularly commits time, energy, and resources to rescue, rehabilitation, and conservation efforts. They have many partnerships with organizations that are doing good work as well. So are they on the path to leading? Could it evolve their whole business model?
My hope is that SeaWorld does continue to change for the better. Maybe someday I can feel good about buying a ticket. Thank you for reading, please share and subscribe!
Additional Resources:
Website, Investor Relations, SeaWorld Entertainment, accessed May 31, 2021. This site features information about the company’s financials, stocks, shareholders, governance, annual reports, policies, etc., going back to 2013.
Page, “Federal & State Regulations,” SeaWorld Entertainment, accessed July 8, 2021.
Page, “Marine Mammal Health and Stranding Response Program,” National Marine Fisheries Service, National Oceanic and Atmospheric Administration, accessed June 30, 2021.
Page, “Benefits of Rescue Program,” SeaWorld Entertainment, accessed July 8, 2021. Provides information on what to do if you encounter a stranded or injured animal.
Page, “Florida’s Coral Reef Disease Outbreak: Response,” Florida Keys National Marine Sanctuary, National Oceanic and Atmospheric Administration, accessed June 26, 2021.
Article, “Proposed Pot/Trap Fisheries Regulations to Help Save North Atlantic Right Whales Available for Public Comment,” National Marine Fisheries Service, National Oceanic and Atmospheric Administration, December 30, 2020.
Page, “Restoring Our Reefs,” Fish & Wildlife Foundation of Florida, accessed June 26, 2021.
