Tokitae Died at the Miami Seaquarium

Lolita/Tokitae the orca with her head just above the pool's surface at the Miami Seaquarium.
Photo by Leonardo Dasilva on Flickr, Creative Commons license (CC BY 2.0).

Tokitae has died.

This is the second captive orca to die in captivity in the US this year, as we lost Kiska at Marineland Ontario/Niagara Falls in March.

She was so close to being back in the ocean, where she belonged. Scientists even believe her mother is still living in the Pacific Northwest and that they could’ve possibly been reunited someday.

Tokitae, formerly known as Lolita, lived in captivity at the Miami Seaquarium for more than 50 years. The marine amusement park recently signed an agreement to release her back to the Pacific Northwest, and you can read the updates here. This effort took many years and involved scientists, marine biologists, activists, documentarians, writers, etc. The owner of the Indianapolis Colts offered to pay for her transport from Miami to the west coast. The Lummi Nation was going to monitor and care for Tokitae in her new home. The wheels were set in motion and the plans were established.

But it was too late, the Miami Seaquarium should’ve let her go years ago.

Lolita/Tokitae the orca jumping out of the pool straight up at the Miami Seaquarium, trainers and audience in background.
Photo by Rick Webb on Flickr, Creative Commons license (CC BY-NC-ND 2.0).

I cried pretty hard when I saw the press release from the Whale Sanctuary Project. I really believed Tokitae was going home.

The Friends of Toki and the Whale Sanctuary Project were the two organizations actively working to get her back to the ocean. But there were other individuals and organizations that helped raise awareness and money for over a decade. Thank you to everyone who ever advocated for Tokitae, whether you wrote about her, filmed her, protested for her release, raised money, or raised awareness about her. So many of us loved her and cared about her. She will always be in our hearts.

Kiska Died Alone

Kiska swimming in her tank, blue water surrounding her.
Kiska at MarineLand in 2017. Photo by Dennis Jarvis on Flickr, Creative Commons license (CC BY-SA 2.0).

Kiska is dead.

I cried when I saw the announcement from The Whale Sanctuary Project. Though I never met this orca, she was in my heart. I had hoped that she’d be one of the first orcas to be relocated to the sanctuary.

“The news is devastating to all of us who have been working toward the time when she could be retired to sanctuary.” -Lori Marino, President of The Whale Sanctuary Project1

Kiska at Marineland Canada in 2011 in her tank, with silhouetted people looking through the glass.
Kiska, the orca that lived alone at Marineland until her death in 2023. Credit: Jo-Anne McArthur / We Animals Media.

Kiska’s Sad Life

MarineLand Canada announced that Kiska, the loneliest orca, died of a bacterial infection on March 9, 2023. She had been there since 1979, captured as a calf near Iceland (along with Keiko, the star of Free Willy) and taken from her family. She suffered the loss of all 5 of her own babies under MarineLand’s care. “One of them didn’t even survive long enough to be named. Orcas feel deep, complex emotions, and the bond between mother and child is so profound that it is hard to imagine the grief and trauma that Kiska would have suffered in each of her bereavements.”2

Worse, Kiska had been living alone in her small tank since 2011. Read this article about her life.

The video below shows how lonely, bored, and unstimulated she was in 2021.

The marine amusement park has been under investigation for animal cruelty for several years. Animal Justice, an animal advocacy and legal group in Canada, worked to help Kiska by filing legal complaints on her behalf, including when “disturbing videos were shared showing the orca floating listlessly and slamming her body against the side of her tank.”3

Animal Justice says they are devastated by her death. They are calling for renewed interest in charges against MarineLand “over the cruel and illegal living conditions that the facility forced Kiska to endure. Orcas are incredibly social animals, but Kiska had no one by her side since 2011, and suffered from agonizing loneliness as well as a lack of space and mental stimulation in her small barren tank. Under federal and provincial laws, it’s illegal to cause animals suffering and distress, which includes psychological distress stemming from boredom and isolation.”4

Kiska, a lone orca swimming in a tank with people watching through a glass window, at Marineland. Canada, 2011
Kiska, a lone orca at MarineLand Canada, 2011. Photo by Jo-Anne McArthur / We Animals (https://weanimalsmedia.org/)

We Must Learn and Take Action

We have to keep trying, keep learning, and keep calling for action. We’ve made progress, but we have a long way to go.

Kiska was the last orca living in captivity in Canada since the 2019 passing of Bill S-203. This law made it illegal to breed or import marine mammals into captivity. However, the whales and dolphins currently in captivity at Marineland were exempted from these laws. “Her death marks the end of legal orca captivity in the country.”5

“No other orcas [in Canada] will endure the heartbreaking suffering she faced.” -Camille Labchuk, Animal Justice6

Animal Justice plans to continue investigating MarineLand Canada and urges support for other projects. “It is heartbreaking to know that Kiska will never get to experience freedom, but we hope this tragedy spurs support for the Whale Sanctuary Project, and that other whales at MarineLand will be able to live out of the rest of their lives in a safe environment with hundreds of times more space than the tiny tanks they currently endure.”7

The Whale Sanctuary Project agrees. “The loss of Kiska will only intensify the urgency of our team to help Marineland relocate the approximately 34 belugas and five dolphins who remain there.”8 They ended their statement with this:

“Meanwhile, we can only ask that Marineland be fully transparent about the circumstances surrounding Kiska’s passing. But in the end, we know that no words can explain away a lifetime of pain and misery as experienced by a deeply intelligent, social, family-centered being who had the terrible misfortune to become known as the loneliest whale in the world.”9

Don’t give up. We can save the others.

Thank you for reading, please share and subscribe.

 

Footnotes:

What They Learned From Keiko, the Star of Free Willy

Keiko the orca at the Oregon Coast Aquarium, viewed from underwater.
Keiko at the Oregon Coast Aquarium. Photo by Kim Bartlett – Animal People, Inc. on Flickr, Creative Commons license (CC BY-NC 2.0)

When it was released in 1993, the huge success of the film Free Willy was unexpected. Financially, it earned $77 million ($149 million in today’s dollars) at the domestic box office and spawned sequels. More importantly, it created a movement. Some marine biologists, scientists, and animal rights activists had already been advocating for the end of captivity for cetaceans. But Free Willy brought the notion home to children’s minds.

So, what happened to the orca who starred in the film? Keiko was freed from captivity within marine amusement parks. He spent the last years of his life swimming in the open ocean. I’ve put together a short version of his story in this article. But if you want to learn more, there are books and documentaries detailing his story.

Free Willy movie cover

Keiko’s Capture & Sale

“Free Willy and its fantasy of an orca simply leaping over a breakwater to freedom notwithstanding, returning orcas to the wild is not a simple thing.”2

Keiko was captured as a very young whale off the coast of Iceland in the late 1970s. He was too young to be away from his mother. Sædýrasafnið, an aquarium in Hafnarfjörður, Iceland (closed in 1987), housed him and trained him to perform tricks.4 In 1982, MarineLand Canada purchased Keiko (and Kiska) from Sædýrasafnið.

MarineLand sold him in 1985 for $350,000 to Reino Aventura (now Six Flags México). This park put him in a tank designed for dolphins, so it was small and shallow. When he was at the surface, his flukes touched the bottom of the pool. His mental health suffered as his only company was sometimes a few dolphins, no other orcas. He wore his teeth down by gnawing the concrete around his tank. He was underweight and had little muscle tone from not having space to swim and dive. His physical health continually declined under their care. After all, this was an Icelandic orca living in Mexico City – an extremely different climate. A veterinarian estimated that if Keiko was kept at the Reino Aventura, he would probably die within a few months.6

Black and white newspaper photo of a trainer standing on top of Keiko and Kiska at Marineland in the early 1980s.
A trainer standing on Keiko and Kiska at MarineLand Canada in the early 1980s. Credit: Photos provided by HaH, from Inherently Wild (https://inherentlywild.co.uk/keikos-gallery/).
Photo of the small pool at Six Flags Mexico City, formerly Reino Adventura.
This is the small pool at Six Flags Mexico City, formerly Reino Adventura. Keiko could hardly swim in this dolphin pool. Photo by Rodrigo SanSs on Wikimedia, Creative Commons license (CC BY-SA 3.0).

A Film Project

When Warner Brothers and the producers began looking to audition killer whales for Free Willy, they ran into roadblocks. Twenty-one of the 23 orcas in the United States belonged to SeaWorld, and they declined to allow any orcas to be in any films. “No doubt th[e] villainous portrayal of marine-park owners, as well as the storyline depicting the freeing of a captive orca, had a lot to do with why, when the film’s producers first approached officials at parks such as SeaWorld and the Miami Seaquarium, they were turned away.”7 Any marine amusement park that took on Keiko would have had the line of conversation about freeing orcas permanently opened up.

But when the producers found Keiko and Reino Aventura, which was not in great condition, they asked the owners about auditioning Keiko. Reino Aventura’s owners agreed as it was an opportunity to profit from Keiko. But they may have also hoped that this would get him into a living better situation and prevent his likely slow death. But “none of them were quite prepared for the film’s overwhelming success.”8 

The Impact of Free Willy

Numerous articles and TV news stories followed the film’s success, highlighting Keiko’s poor health and living conditions. His tiny pool at Reino Aventura could not even filter out the orca’s daily waste. His skin lesions, caused by papillomavirus, were worsened by the small pool, swimming in his own waste, and from the polluted air of Mexico City.

At the end of the film, the producers had included a message directing those interested in saving the whales to call 1-800-4-WHALES, a number that belonged to the environmental group Earth Island Institute. The overwhelming number of calls from people and the thousands of letters from children surprised everyone. While people cared about whales, many were more interested in saving ‘Willy’ specifically. But no other park or aquarium would take him as a transfer because of fears that his virus would spread to other orcas. But it also could have been bad for public relations.9 

“Warner Brothers called us and said—“Oh my god, we’re getting hundreds of calls and thousands and thousands of mailgrams and telegrams and letters from people saying—‘This whale jumped to freedom at the end of Free Willy, but what about the whale in real life?’” -David Phillips10

The Free Willy/Keiko Foundation

In 1994, David Phillips of the Earth Island Institute, with the support of the movie’s producers, formed the Free Willy/Keiko Foundation.11 The mission was to rehabilitate and release or “free” Keiko.

The owners of Reino Aventura agreed to let Keiko go as long as the expenses of relocating and continued care of him could be met. For this, more than a million people came together. People raised money through bake sales and children collected small donations. UPS flew Keiko free of charge. Warner Brothers and New Regency, perhaps under pressure, donated a million dollars. The Humane Society of the United States donated a million. Last, a private foundation donated another million.12

“While not all captive orcas may be viable release candidates and not all captive orcas may ever be released back into the wild, we owe it to them to try and at the very least, retire them and improve their current captive conditions.” -Corrine Henn13

Relocating An Orca, Twice

Keiko jumping out of the water in his sea pen in Iceland.
Keiko jumping out of the water in his sea pen in Iceland. Photo by KE Wiley, reposted from Inherently Wild (https://inherentlywild.co.uk/keikos-gallery/).

“Keiko was a trailblazer for the reintroduction of marine mammals.” -Dave Phillips, Director of the Free Willy-Keiko Foundation14

Keiko was rehabilitated at the Oregon Coast Aquarium from 1996–1998. His health greatly improved and he gained over a thousand pounds. The aquarium’s attendance greatly increased. Though he was on the path to release, there was still controversy. There were some who felt he would not survive in the ocean. There was even “a conspiracy theory circulating in the most radical anti-captivity ranks that Sea World might actually be behind the free-Keiko efforts, knowing that they would fail, thus inoculating amusement parks around the world from an upwelling of liberationist sentiment.” Even in Iceland, there were entities against moving Keiko and others that saw no benefit to having Keiko in a pen in there since it would not be for tourism.15 But Icelandic waters were the right area for him to go. The Icelandic government had to be convinced, as did the U.S. Congress, and eventually, they both approved the project.

In 1998, Keiko was relocated to his new sea pen in a bay in Iceland, with the help of Jean-Michel Cousteau’s Ocean Futures Society. The costs of moving him, building the sea pen, and caring for him were astronomical. There are some who criticized the project, then and now, simply because of the high financial costs. But this was always the right thing to do for this orca. As writer Susan Orlean wrote:

“If anyone thought that the money being spent on his rehabilitation was an insane extravagance, they didn’t blame it on the whale: it wasn’t his fault that he was captured to begin with and stuck in a lousy tub in Mexico. It wasn’t his fault that he became a ten-thousand-pound symbol of promises kept (or not) and dreams achieved (or not) and integrity maintained (or not) and nature respected (or not). It also wasn’t his fault that he didn’t know how to blow a bubble-net and trap herring, and it wasn’t his fault that he’d been torn from the bosom of his family at such a young age that now he was a little afraid of wild whales, and that they viewed him as a bit of a freak.”16

Freeing Willy

Keiko spent a couple of years learning to hunt fish and communicate with other whales, under the supervision of humans. In 2002, Keiko left his sea pen for the final time and swam to Norway, eventually settling in the Taknes fjord. While he never reconnected with his original pod, he lived for another full year before succumbing to pneumonia in December 2003. But he never completely stopped desiring human contact. His human caretakers were there until the end, as Keiko viewed them as his companions rather than other orcas. Some look back at this experiment and consider it a failure. However, it was a success story in that Keiko swam freely outside of the confines of a concrete tank for the last years of his life. He swam in the ocean for almost 5 years after more than 20 years in captivity.

“In terms of giving Keiko a better life, it was 100 percent successful.” -Dr. Naomi A. Rose17

Today, David Phillips, who organized Keiko’s rehabilitation and release, is the Treasurer of the Whale Sanctuary Project. He was the Co-Founder and Executive Director of the non-profit organization Earth Island Institute, and he also directs the International Marine Mammal Project (IMMP). Here is his reflection on the Keiko project:

“Most people ran for the hills and wanted nothing to do with Keiko. ‘Are you kidding? We’re going to have to try to convince the Mexican government to give us this 8000 pound orca, and then figure out a way to fly him, and build him a whole new facility for rehab, and then we’re going to have to bring him out of there and try to get him into Iceland? You’d have to be out of your mind. Who’s going to pay for all this? It’s never been done before. Maybe he’s going to die—maybe in transit. Why would the Mexicans give him to us, and why would Iceland let him come in?'”

But for Phillips, Keiko was a success story even though there are still doubters. “We didn’t get to hand pick the best candidate for release. We had Keiko. And his rescue was a big intractable problem where we had to accommodate a lot of risk, and there were going to be people who wouldn’t like what we were going to do at every stage along the way. And that’s part of the deal.”18

Keiko jumping out of the water in his sea pen in Iceland.
Keiko jumping out of the water in his sea pen in Iceland. Photo by KE Wiley, reposted from Inherently Wild (https://inherentlywild.co.uk/keikos-gallery/).

What They Learned From Keiko

Keiko was the first captive orca to use a sea pen for his successful rescue rehab and release effort. The obvious, most important thing they learned from Keiko was that it could be done. Captive cetaceans can be rescued, rehabilitated, and retired.

Scientists and marine biologists learned a lot from Keiko. The orca was able to regain its health in natural seawater after spending years in chemically treated water. He relearned the skills necessary to feed himself and he learned how to interact with wild orcas in his native waters. As noted by the International Marine Mammal Project (IMMP): “Evidence shows that keeping orcas in captivity is inhumane and shortens their lives. During the years in which Keiko was rescued, regained his health and returned to his home waters, seventeen other orcas died in captivity, along with many more captive dolphins and whales. We are proud to have given Keiko the opportunity to live out his life in his home waters.”19 At the time of his death, Keiko was the second longest-lived male orca ever held in captivity. He lived much longer than the average lifespan of male orcas held at SeaWorld.

“Keiko taught us how difficult it is to put one back.” -Charles Vinick, Webinar from The Whale Sanctuary Project20

Keiko the orca at the Oregon Coast Aquarium.
Keiko the orca at the Oregon Coast Aquarium. Photo by “Kim Bartlett – Animal People, Inc.,” Flickr, Creative Commons license (CC BY-NC 2.0)

Keiko’s Importance

Some say the money spent on setting Keiko free might have been better invested in conservation programs to protect whales and their habitat. But Keiko likely would’ve died shortly after the releases of the Free Willy movies. So the money was worth saving his life. I also believe that what scientists, marine biologists, and other experts learned from Keiko’s experience helps set us up for a better future.

The Whale Sanctuary Project uses Keiko’s story to explain how captive cetaceans can be retired from marine amusement parks. They also view the orca’s journey as a learning platform. This project is made possible because of Keiko’s legacy.

In 2019, Canada banned the practice of keeping cetaceans in captivity and outlawed breeding, trade, possession, and capture of cetaceans. The Canadian media colloquially named it the “Free Willy” bill. While the legislation does not cover cetaceans already in captivity, including Kiska at MarineLand Canada, it is apparent that Keiko’s story extends far beyond the success of Free Willy. Keiko will always be loved, cherished, and remembered. That was his superpower and it is now his legacy.

“The time has come for us to see orcas in captivity as a part of our past – not a tragic part of our future. Let’s end the show now and retire these intelligent, social, complex animals to sea pen sanctuaries.” -Jean-Michel Cousteau21

 

Additional Resources:

Keiko The Untold Story of the Star of Free Willy Film CoverFilm, Keiko: The Untold Story, 2010.

 

 

 

 

Webinar, “Reintroducing Keiko (the “Free Willy” whale) to the Wild,” Whale Sanctuary Project, August 7, 2020.

Webinar, “What Is Keiko the Orca’s Legacy?” Whale Sanctuary Project, December 18, 2020.

Article, “Truth About Killing Keiko: What SeaWorld Doesn’t Want You To Know About Freeing Killer Whales,” International Marine Mammal Project (IMMP), April 7, 2015. This article reviews the book, Killing Keiko by Mark Simmons, which scientists argue is biased and not fully factual. The author helped establish Ocean Embassy, a company aimed at catching wild dolphins and selling them to aquariums all over the globe.

Footnotes:

Update on Lolita/Tokitae

Last updated on July 16, 2023. Click here for the latest information.

Image of Lolita/Tokitae jumping out of the water at the Miami Seaquarium.
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.”7 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.”15 

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. Rose16

Lolita jumping out of the water in front of an audience at the Miami Seaquarium with her trainer behind her on the work platform.
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.17

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.18

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.22

Miami Seaquarium
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.”23

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.”24 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.25

Lolita/Tokitae floating in the water at the Miami Seaquarium.
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.”26

“She’s done. Her spirit is crying to come home. Let her go. Let her come home.” -Squil-Le-He-Le Raynell Morris, Lummi Nation27

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.”28

The plan is comprehensive and supported by the Whale Sanctuary Project, the Orca Network,29 the Earth Law Center,30 and Sacred Sea.31 There are many who argue against her release, but there are even more who argue for her retirement and relinquishment from the Miami Seaquarium.

"50 years of stolen freedom. Retire Lolita." Aerial photo of the Miami Seaquarium's orca tank with public seating surrounding it.
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 199632

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.33

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.34 Further, they have argued that she would not survive the long journey to the Pacific Northwest.

Close up of Lolita/Tokitae's face popping out of the water at the Miami Seaquarium.
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.35 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.36 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.37 

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.38 

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.”39 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.40 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.”41

“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 Colts42

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.43

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.

 

Additional Resources:

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.

Website, savelolita.org.

Footnotes:

The Whale Sanctuary Project

An orca through round viewing glass at the Detroit Zoo.
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. Rose

A beluga whale on display at Marineland with people viewing it through the acrylic tank.
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.”26 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 Project28

About The Whale Sanctuary Project (WSP)

Bird's eye view of the perimeter net that defines the sanctuary space at the Port Hilford site.
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.33 

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).36 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.”37 They’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. Rose38

Orca performing at Marineland.
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.40

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 Marino44

Setting The Example

Human riding two dolphins in a performance at marine amusement park.
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 Conservation45

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.46 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.”47

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.”48 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.49 

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.”

“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.  Rose51

Orcas swimming at the surface with a mountain and sunset in the background.
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.52 There have been proposals for a Dolphin Sea Refuge in Italy and for a South Atlantic Whale Sanctuary.53

“We’ll spend less on building a sanctuary than a marine park would…spend building the next small concrete tank.” -Charles Vinick, Whale Sanctuary Project54

Image of The Whale Sanctuary Project's new Operation Centre, a white historic house on a street.
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.55 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!

The Whale Sanctuary Project logo
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 Neiwert56

 

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.

 

Footnotes:

The Plight of Orcas in Captivity, Final Thoughts

Orca swimming inside of a lightbulb, lying on its side on a green forest floor with autumn colored foliage and trees in the background.
Image by Burak Erk from Pixabay

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 2019.49 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

Brochure cover advertising a trainer swimming on top of an orca.
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.”50 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 Rose

Two orcas swimming in a marine amusement park pool.
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?”52 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?

“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.”55

Orca jumping out of the water near a coast with golden colored grass.
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.”“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.

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.”58 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

Morgan the orca swimming in his tank
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 Hoyt

“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 Rose

Orca jumping out of the sea.
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.”61 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.62

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.”

Life-sized orca models at the Monterey Bay Aquarium with people in background.
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.

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.

Blue whale model at the Natural History Museum in London
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 executive66

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.”

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.

Orcas swimming near Alaska, snowy mountains in background.
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.

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.

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 Hoyt

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.

Tilikum and Dawn Brancheau:

Article, “The Killer in the Pool,” by Tim Zimmerman, Outside Online, July 30, 2010.

Former Orca Trainer For SeaWorld Condemns Its Practices,” NPR, March 23, 2015.

Manuscript, “Keto and Tilikum Express the Stress of Orca Captivity,” Dr. John S. Jett and Dr. Jeffrey M. Ventre, The Orca Project, January 20, 2011.

SeaWorld Curator: Ponytail Likely Caused Fatal Killer Whale Attack,” ABC News, February 25, 2010

Article, “Why Tilikum, SeaWorld’s Killer Orca, Was Infamous,” by Brian Clark Howard, National Geographic, January 6, 2017.

Morgan the orca:

Article, “Morgan the Orca: a Tale of Betrayal,” The Whale Sanctuary Project, December 9, 2017.

Website, The Free Morgan Foundation, accessed April 4, 2021.

Other:

Film, “Voiceless,” A Blue Freedom Film, 2016.

Page, “SeaWorld Cares,” SeaWorld Entertainment Blog, accessed July 20, 2021.

Organizations:

The Whale Sanctuary Project

Ric O’Barry’s Dolphin Project

Whale and Dolphin Conservation

Empty The Tanks

Save The Whales

The Orca Project

International Marine Mammal Project

The Orca Research Trust

Animal Welfare Institute

The Humane Society of the United States

Footnotes:

The Plight of Orcas in Captivity, Kiska and Kshamenk

Last updated March 11, 2023.

Kiska, a lone orca swimming in a tank with people watching through a glass window, at Marineland, Canada, 2011.
Kiska, a lone orca at MarineLand Canada, 2011. Photo by Jo-Anne McArthur / We Animals (https://weanimalsmedia.org/)

In my last article, I told you about Hugo and Lolita. Today, I’m going to tell you about two other orcas, Kiska and Kshamenk, who are suffering in captivity.

UPDATE, March 11, 2023: Tragically, Kiska has died. Read more here.

Kiska, MarineLand Canada, Niagara Falls, Ontario

Kiska was caught at age 3 near Iceland in 1978 or 1979 and has lived at MarineLand since. She lives in isolation from other orcas and all other marine mammals. She has birthed 5 babies and has experienced the death of all of them! The oldest one lived only to age 6. She exhibits many of the same symptoms of depression as Lolita does: stillness, lethargy, and despondency.56 Kiska is another orca that now lives alone.

Relationships

In 1979, MarineLand purchased another female orca named Nootka. Kiska “developed what one former trainer called ‘an incredibly close’ connection with Nootka…and ‘they hated to be separated.’ They swam constantly together and vocalized, even having their own calls. They even supported [each]other through labour.”57 Sadly, Nootka died in 2008 of unknown causes.

In 2006, SeaWorld Orlando separated a 4-year-old male orca from his mother and placed him on a breeding loan to MarineLand. Ikaika “Ike” became Kiska’s only companion after Nootka passed away. However, he harassed her and the park often separated them, so they did not end up mating. Finally, in 2011 SeaWorld moved Ikaika to their San Diego park after a long custody battle between MarineLand and SeaWorld.58

Kiska swimming in her tank, view from below the surface.
“Kiska was wild-caught off the coast of Iceland in the 1970s, and lives alone in this tank.” Photo by Jo-Anne McArthur / We Animals (https://weanimalsmedia.org/)

Behavioral Changes

Kiska used to perform at the King Waldorf Stadium at MarineLand. Today, she no longer performs but she is on public display and is a main attraction at the park. She’s often bored and chews on the concrete of her tank while also exhibiting other abnormal, repetitive behaviors known as stereotypies. Her teeth are completely worn down from this and she receives dental treatment (with anesthetics).

“People familiar with Kiska report that she used to be a highly vocal whale; they suspect she once called out in an attempt to reach her deceased calves or former tank mates. Now, as if without hope of ever receiving a response, Kiska is silent.” -The Whale Sanctuary Project59

Habitat

The tank that Kiska currently uses is the one on the right in the image below. The pool on the left is for the beluga whales. According to a report by cetacean expert Dr. Ingrid N. Visser, “the beluga tank is currently off-limits to Kiska, although in the past she had access to it. The water temperature in all three tanks is maintained at 55˚F (12.7˚C) and therefore Kiska could be given access to the ‘beluga’ tank, if she was habituated to the presence of belugas. This  would additionally provide her with some form of ‘companion’ animals to alleviate the solitary confinement she is currently subjected to which has been well documented as unacceptable conditions for such a socially orientated animal.” The tank is not deep enough, as it is only approximately 30 feet deep. Last, neither Kiska nor the belugas have shaded areas to protect them from the sun, especially in the summer months.60

Beluga and orca pools at Marineland Niagara Falls.
Beluga and orca pools at MarineLand Canada. Image taken from Google Maps.

Retirement

In 2015, the Legislative Assembly of Ontario passed the Ontario Society for the Prevention of Cruelty to Animals Amendment Act. The act prohibits the possession or breeding of orcas in Ontario but allowed MarineLand to keep Kiska. However, the Whale Sanctuary Project would welcome her into their care once their project is complete. Will MarineLand give her up?

Updates as of 2022:

In May 2021, inspectors issued two orders to MarineLand to repair the water system in the pools that house the beluga whales, dolphins, walruses, sea lions, and Kiska. “A months-long inspection of MarineLand by Ontario’s animal welfare watchdog has found that marine mammals at the tourist attraction were in distress due to poor water quality,” according to the Canadian Press. MarineLand initially appealed the orders, arguing that the unknown number of recent whales deaths were not related to poor water quality.61 But they later withdrew the appeal. It seems that the inspection is still ongoing, and I have not been able to find out whether or not MarineLand has begun the required repairs.

There have also been numerous concerns over the regularity in deaths of beluga whales at MarineLand, and animal rights activists are calling for more transparency. “The amusement park and aquarium has not been able to breed any new belugas since the passing of federal law (Bill S-203) in 2019 that prohibits the capture and breeding of whales and dolphins in captivity — something animal advocates say once masked the number of belugas dying at the park each year.”63 There were around 54 belugas in 2019, and today there are around 40. Five of those were transferred to Mystic Aquarium in Connecticut, so what happened to the other 9?

In September 2021, a video of Kiska repeatedly hitting the side of her tank at MarineLand went viral. This type of behavior is usually a sign of chronic stress. “Dr. Lori Marino, President of the Whale Sanctuary Project and a neuroscientist, explains that these kinds of behaviors, known as stereotypies, can include endless circling of the tank, grating their teeth on tank walls and gates, and other forms of self-injury.”64 Other visitors have made observations about Kiska exhibiting stereotypes. In addition to her loneliness, she now has poor water quality – this must be extremely stressful for her. 

Kshamenk, Argentina

Orca jumping out of the water during a performance at Mundo Marino
“Lightness” by Lorenzo Blangiardi on Flickr, Mundo Marino, Creative Commons license (CC BY-ND 2.0)

Kshamenk was born between 1987 and 1989 at the age of 3-5 years into an Argentinian mammal-eating population of orca. He is likely a transient orca, an ecotype of orca, and one of the only transients in captivity. He used to share the pool with a female killer whale known as Belen, who was also from this population. Kshamenk has not seen another orca since her passing. Mundo Marino moved a female bottlenose dolphin in with him and they have lived together ever since. However, we know how mentally unhealthy this is for orca.

Habitat – the World’s Smallest Orca Tank

The orca pool areas are much smaller than the dolphin areas, as you’ll see in the Google Earth screen capture below. The larger pool on the left is for the dolphins. The large oval pool is the performance area for both dolphins and Kshanenk, and the small pool at the center is where he resides when not performing. The park’s own map below confirms this. While there are far more dolphins than the one orca, the latter requires much more space for swimming and proper physical exercise. This is even smaller than the Miami Seaquarium’s orca tank.

Mundo Marino orca pools, aerial view, image captured from Google Earth
Mundo Marino orca and dolphin pools, image captured from Google Earth, February 20, 2021. This is the clearest image available from Google.
Map of the Mundo Marino Park, showing that the orca (Kshamenk) lives in the smaller pool.
Map of the Mundo Marino Park, showing that the orca (Kshamenk) lives in the main pool, and not the dolphin pool. The latter is much larger but their map does not accurately depict this. Image downloaded from Mundo Marino’s website, February 20, 2021.

Biologists say he is very healthy and his teeth are in great condition. But his pool is small and he often floats listlessly. The dolphins have more space than Kshamenk. I usually don’t use PETA materials, but this aerial film shows the pools much better than my screen captures from Google Earth:

At one time, Mundo Marino had planned to expand his tank. “In 1995, the oceanarium directors hired a US company specialized in designing life support systems for marine animals, that had built several facilities for Sea World. A place for the new (and bigger) pool was allocated northwest of Mundo Marino. All the pre-construction stages recommended by the specialists who conducted the floor geological study were successfully developed, but the construction had to be put off due to the economic crisis in Argentina (2001).”67 Obviously, the plans were never revived.

His capture

His 1992 capture was controversial as it is not clear if the oceanarium, Mundo Marino in San Clemente del Tuyú, Argentina, rescued him or captured him from Samborombon Bay, Buenos Aires Province. As a report from the Wild Earth Foundation (WEF) explained: “The oceanarium claims to have rescued Kshamenk after he became stranded, WEF argued that he was collected opportunistically from a stranding rather than rescued and released.”68 There happens to be one small population of Patagonian transients in Argentina that intentionally strand themselves for hunting purposes, and Kshamenk may be related to that stranding orca pod.70 In any case, most captures of the late 20th century were unethical and questionable. “Although both parties can provide reasonable arguments about their claims, at this point in time it has little importance to argue about this issue.”71 Unfortunately, Kshamenk was not captured/rescued illegally since a law banning orca captures in Argentina was not passed until 1998.

Retirement?

The Wild Earth Foundation, Free Willy-Keiko Foundation, and Earth Island Institute conducted a study regarding Ksamenk’s release from captivity. “The experts have concluded that a reintroduction project is not feasible for Kshamenk, as he is dependent on humans; he could revert to previous behaviors in the wild that may put him in danger, such as begging for food or seeking human company.” The IUCN does not recommend the release of an animal outside its indigenous range or into a different genetic stock. The report concluded:

“Introduction can cause extreme, negative impacts that are difficult to foresee. Kshamenk’s home range is unknown, and no study has been conducted to determine which genetic population he belongs to. While holding Kshamenk in a sea pen would provide him with a larger and richer environment that would allow him to engage in natural activities, such retirement plan is likely to fail in the current situation. The costs for a long-term care are excessive, and, mostly important, there are no adequate locations near the oceanarium or near the area of Kshamenk’s stranding, which would ensure protection from storms and other natural threats.”72

The Whale Sanctuary Project does not address Kshamenk on its website. However, since their organization partially rose from the Free Willy-Keiko Foundation, I assume that they are following the recommendations from the above-mentioned report. This is sad to me, as it seems there is no hope for this lonely orca. I’m hoping someone comes up with a plan for him in the future and I’ll be able to update this article.

Image of Kshamenk jumping out of the water at Mundo Marino
“Mundo Marino,” image of Kshamenk by -fabio- on Flickr, Creative Commons license (CC BY 2.0).

Captivity Continues

I’ve chosen not to write about the late Tilikum, the orca who killed his trainer at SeaWorld Orlando in 2010, only because so many others have already written about him at length. Another orca I haven’t written about is Morgan at Loro Parque. There are several organizations working to free her. I’ve included some links about both under Additional Resources below.

“[Tilikum’s] life has changed how we view SeaWorld and the marine park industry, and changed our moral calculus regarding the confinement and display of intelligent, free-ranging species.” -Tim Zimmermann, co-writer of Blackfish

Currently, there are over 60 orcas living in captivity, most of who are giving daily performances for entertainment purposes. Will MarineLand Canada give Kiska to the Whale Sanctuary Project and allow her to retire in a more natural setting with other orcas and plenty of room to swim? What will happen to Kshamenk? Will he pass away in captivity? What will happen to all of these beautiful beings?

Remember, if you don’t want to support orca captivity, don’t buy a ticket!  Thanks for reading, and please subscribe.

 

Additional Resources:

Article, “Marineland faces legal complaint about Kiska, ‘the world’s loneliest orca’,” by Bobby Hristova, CBC News,

Article, “Canadian park sues SeaWorld to keep killer whale,” The Orlando Sentinel, October 19, 2011.

Article, “The man behind Marineland: 50 years of controversy,” by Liam Casey, The Toronto Star, October 3, 2011.

Report, “Kshamenk: The Forgotten Orca in Argentina,” Ric O’Barry’s Dolphin Project, accessed February 23, 2021.

Article, “Marineland’s Nootka should have lived free,” Niagara This Week, January 31, 2008.

Website, Free Morgan Foundation

Article, “The Killer in the Pool,” by Tim Zimmerman, Outside Online, July 30, 2010.

Article, “Why Tilikum, SeaWorld’s Killer Orca, Was Infamous,” National Geographic, January 6, 2017.

Footnotes: