Richard Bloom, a member of the California Assembly has proposed the California Captive Orca Welfare and Safety Act (AB 2140) to stop the captivity of orca whales for entertainment purposes. Bloom stated “It is time that we embrace that the long-accepted practice of keeping orcas captive for human amusement must end”. The legislation calls for the termination of orca performances, the import and export of orcas and their genetic material in and out of the state, and the banning of captive breeding programs. The bill also limits the amount of human interaction for trainer safety. SeaWorld is not specifically addressed, however SeaWorld San Diego is currently the only park in California holding orcas. The bill was clearly prompted by the recent release of CNN’s documentary Blackfish concerning the history of orca captivity and the death of SeaWorld trainer Dawn Brancheau.
SeaWorld has defended itself, citing the strict laws and regulations they abide by including the Animal Welfare Act and the Marine Mammal Protection Act. SeaWorld is also greatly influential with their education programs that inform and establish respect for marine creatures, as well as their funding for numerous conservation projects. A spokeswoman for SeaWorld, Becca Bides argued that “the premise behind this proposed legislation is severely flawed on multiple levels, and its validity is highly questionable under the United States and California Constitutions”. Another SeaWorld spokesmen, David Koontz is attacking Bloom as siding with extreme animal rights activists and generating a publicity stunt. After the legislation was proposed SeaWorld shares dropped by 5.6% on average.
Many people have been wondering as to what would happen to these killer whales if they cannot be kept at SeaWorld. There is concern over whether or not the animals can survive in the wild, since 7 of the 10 orcas were born in captivity. Corky, Kasatka, and Ulises are the other 3 killer whales who were captured in Canada and Iceland over 30 years ago. The idea regarding the release of the orcas is for them to be placed in sea pens while retired orcas would be allowed to stay on display only. The orca from “Free Willy”, Keiko was first placed in a sea pen in Iceland in 2002. After spending 2 years getting used to his native habitat and catching his own food he was allowed to freely swim the Atlantic Ocean. Keiko ended up weeks later searching for human companionship in a Norwegian fjord where the local children swam with him. For the next year Keiko went back and forth between the the fjord and the open ocean until he passed away, likely due to pneumonia. It is hard to know exactly how the orcas from SeaWorld would respond to this situation. When asked about the possibility of sea pens SeaWorld’s president, Jim Atchison said in an interview, “It’s not something we have or would consider at all…We see no need for it. Our animals have the best care in the world and have their needs met more than adequately.” If the bill passes orca shows would still be allowed in SeaWorld’s locations in Orlando and San Antonio, however this success could trigger similar laws in other states.