Last updated on July 16, 2023. Click here for the latest information.
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
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.”2 The 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
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
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
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
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.
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.
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!
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
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
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.”24 This 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.
Website, Friends of Toki.
Website, The Whale Sanctuary Project.
Article, “Lolita: Fame and Misfortune,” The Whale Sanctuary Project, accessed November 21, 2021.
Page, “Sk’aliCh’elh-tenaut: also known as Tokitae or Lolita,” sacredsea.org.
Book, A Puget Sound Orca in Captivity: The Fight To Bring Lolita Home, by Sandra Pollard, The History Press, Charleston, SC, 2019.
Article, “Dark waters, dark secret: Untold story of failed bid to free South Florida orca Lolita,” The Palm Beach Post, October 13, 2021.
Film, Lolita: Slave to Entertainment.
Pledge, “FREE LOLITA: Urge The Dolphin Company to Retire Lolita to a Seaside Sanctuary,” PETA.org.
Petition, “Lummi elders: “Free our Relative!” Save endangered orca held captive at Miami Seaquarium,” Change.org.
Petition, “Take the Pledge NOT to Buy a Ticket To a Dolphin Show,” The Dolphin Project.