SECTION 1: INTRODUCTION

Orcas, or Killer Whales as they are

Figure 1: Portrait of Orca in tank
infamously known, are Cetaceans, meaning
they are from an order of marine mammals
that includes whales, dolphins, and
porpoises. They are largest member from the
family Delphinidae, and are more closely
related to dolphins than other similarly sized
cetaceans1. One of their many significant
qualities is their brains. Orcas are among the
most neurologically evolved animals on
Earth2. Their brains resemble that of
elephants, chimpanzees, and human beings2.
They have a portion of the brain, surrounding
their limbic system, that humans dont have
called the paralimbic system2. Many theorize that this portion of the brain is what accounts for
their family based society3. This matriarchal society has many levels and even what some believe
to be culture4. The mother and offspring will form lasting bonds that will persist throughout their
lives3. Orcas will hunt in packs and even have coordinated cooperative hunting tactics3. They
also can swim over a thousand miles in a day and are second only to humans as the most widely
distributed mammal on Earth3. Populations of Orcas range from the tropical seas to the edge of
the ice pack at both poles3. Although they were hunted and feared for over a century, due to false
propaganda in movies, they have grown to become very popular.

Evans, Peter G.H. The Encyclopedia of Mammals. New York, New York, 1984. 180-185.
Marino, Lori, Richard C Connor, R. Ewan Fordyce, Louis M Herman, Patrick R Hof, Louis Lefebvre, David
Lusseau, Brenda Mccowan, Esther A Nimchinsky, Adam A Pack, Luke Rendell, Joy S Reidenberg, Diana Reiss,
Mark D Uhen, Estel Van Der Gucht, and Hal Whitehead. "Cetaceans Have Complex Brains for Complex
Cognition." PLoS Biology PLoS Biol 5, no. 5 (2007): 966-72. Accessed November 1, 2015.
http://www.researchgate.net/publication/6328351_Cetaceans_Have_Complex_Brains_for_Complex_Cognition_Lor
i_Marino_*__Richard_C._Connor_R._Ewan_Fordyce_Louis_M._Herman_Patrick_R._Hof_Louis.
3
Ford, John K. B., Graeme M. Ellis, and Kenneth C. Balcomb. Killer Whales: The Natural History and Genealogy
of Orcinus Orca in British Columbia and Washington State. Vancouver, BC: UBC Press, 1994.
4
Whitehead, Hal, and Luke Rendell. "Culture in Whales and Dolphins." Behavioral and Brain Sciences 24, no. 2
(2001): 309-52. http://whitelab.biology.dal.ca/lr/culture.pdf
2

Their rise in the public consciousness has been partially attributed to Seaworld and other
Marine Mammal Parks (MMPs), as well as the release of the movie Free Willy in 1993. They
have become popular due to their charming and calm nature when entertaining audiences with
their powerful agility, leaping into the air and causing enormous splashes, and yet seemingly
gentle to their trainers. However, there are those that protest these performances. One such
group, PETA, believes that these highly intelligent, sensitive, social beings suffer greatly in
captivity5, citing cases of observed unnatural behaviors, such as
Orca-on-human violence6, and sickness5. Marine Mammal Parks
Figure 2: Free Willy Poster
have evidence of their own, showing that Marine Mammal Parks,
like Seaworld, promote an ecological awareness that helps wild
Orcas7. They claim the Orcas at their parks are happy and
healthy, and the ecological education and awareness Seaworld
provides for its patrons is beneficial to the survival of the
species8. PETA believes that Seaworld does not promote
ecological awareness, but rather [teaches] that it is acceptable to
keep animals in captivity, bored, cramped, lonely, far from their
natural homes, and at the mercy of people.5 These two groups of
stakeholders constantly argue whether wild Orcas live equally
long or longer than captive Orcas.
Captive marine mammals, such as Orcas, are protected
under the Marine Mammal Protection Act (MMPA)9. This
document is the foundation for MMPs rules and regulations. It
has become the legislative battleground between the two sides of
this issue. The Alliance of Aquariums & Marine Mammal Parks (AAMPA) 10, has fought hard to
ensure a future for MMPs in the United States. Although many amendments have been made,
Orca activists argue that it is still not enough to make life in captivity humane for Orcas. With
both stakeholders interests in mind, what are some ways to amend the MMPA to better ensure
the health & safety of future captive Orcas?

Marissa Price, College Campaign Assistant, People for the Ethical Treatment of Animals, Email, December 2nd,
2015.
6
Kirby, David. Death at SeaWorld: Shamu and the Dark Side of Killer Whales in Captivity. New York, New York:
St. Martin's Press, 2012.
7
"Research Helps Wild Whales." SeaWorld Cares. Accessed December 1, 2015.
http://Seaworldcares.com/research/research-helps-wild-whales/.
8
"Killer Whales." SeaWorld Cares. 2015. Accessed October 30, 2015. http://Seaworldcares.com/killer-whales/.
9
"Marine Mammal Protection Act (MMPA)." NOAA Fisheries. October 8, 2014. Accessed November 17, 2015.
http://www.nmfs.noaa.gov/pr/laws/mmpa/.
10
"About The Alliance." Alliance of Marine Mammal Parks and Aquariums. Accessed November 17, 2015.
http://www.ammpa.org/about.html.

SECTION 2: BACKGROUND
The first MMP, Sea Lion Park, opened in 1895 on Coney Island 11. It would be over half a
century before an Orca was held by a MMP. In 1961, MMPs got their chance when an Orca
trapped itself in Newport Harbor. Marineland of California sent workers from the park in San
Diego to obtain this Orca, before driving it back to their facility. Unfortunately, this Orca did not
last long in captivity and in less than two days, it had died from a self-inflicted injury12.
An important piece of legislation that was introduced around this time was the Animal
Welfare Act (AWA)13. This law, enacted on August 24, 1966, regulated the treatment of animals
in research and exhibition. It did not have regulations specifically for Marine Mammals and did
not affect MMPs. By this time, two more Orcas had been captured, one of them already dead 14.
Over the next six years, Orca capture burgeoned. A total of 31 Orcas had been put in
captivity, 14 of which had died11. The majority of these Orcas were captured in Washington and
British Columbia. In 1972, The Marine Mammal Protection Act (MMPA) was enacted7. This law
was regulated by the National Marine Fisheries Service (NMFS) and established the Marine
Mammal Inventory Reports15 system. These reports provided an Annual status of all marine
mammals held in permanent captivity13 under the NMFS jurisdiction. This inventory includes
all whales, dolphins, porpoises, seals, and sea lions held for: public display, scientific research,
enhancement, or national defense purposes. This is including foreign parks that US facilities
associate and do business with.13 This was a monumental win for Orca activists, as it was an
enormous step towards ethical treatment of marine mammals. These reports became an essential
part of keeping track and caring for US marine mammals. The MMPA was also an attempt to
stop the capture of wild Orcas, though it was ultimately unsuccessful.
It wasnt until 1976 that an effective ban was put on capturing Orcas from Washington
waters16. This came about after Ralph Munro, Assistant to Washington State Governor Dan
Evans, witnessed a capture in Puget Sound. He reported the use of aircrafts and explosives to
herd the Orcas into a netted off cove. This capture was done by Sea World, and they were in
clear violation of their collection permit. Dan Evans sued Seaworld, forcing them to release the

11

Stanton, Jeffrey. "Coney Island - Sea Lion Park." Coney Island History Site. June 1, 1998. Accessed November
17, 2015. http://www.westland.net/coneyisland/articles/sealionpark.htm.
12
Brown, David H., and David K. Caldwell. "Tooth Wear as a Correlate of Described Feeding Behavior by the
Killer Whale, with Notes on a Captive Specimen." Bulletin of the Southern California Academy of Sciences 63, no.
3 (1964).
13
"Animal Welfare Act, Public Law 89-544 Act of August 24, 1966." National Agricultural Library. August 24,
1966. Accessed November 1, 2015. https://awic.nal.usda.gov/public-law-89-544-act-august-24-1966.
14
Jacobs, Stefan. "Orca Home." Orca Homepage. October 13, 2015. Accessed November 2, 2015.
http://www.Orcahome.de/index.html.
15
"Marine Mammal Inventory." NOAA Fisheries. December 16, 2013. Accessed November 1, 2015.
http://www.nmfs.noaa.gov/pr/permits/inventory.htm.
16
"Other Captive Orcas - Historical Chronology: A Whale of a Business." PBS - Frontline. 1997. Accessed
November 17, 2015. http://www.pbs.org/wgbh/pages/frontline/shows/whales/etc/cron.html.

Orcas captured at Puget Sound and effectively banning wild Orca capture in Washington 17.
However, capture was still legal just across the border in British Columbia, Canada and many
MMPs began importing Orcas from Iceland and Japan during this time, knowing a capture ban in
Washington wouldnt be far away.
During the 1980s, Seaworld unveiled the development of a successful Orca breeding
program, stating they would no longer capture Orcas from the wild5. However, even though
Seaworld would no longer capture Orcas, they would still continue to import Orcas from foreign
MMPs. By 1990, Iceland and British Columbia, Canada had banned wild Orca capture16 making
it so the majority of North American MMPs could no longer capture Orcas, and they now had to
import from foreign MMPs.
In 1990, a study was released showing Orcas live longer in the wild than they do in
captivity18. Researchers studied the Orcas who live off of the coast of Washington and British
Columbia. This study was broadcast in the scientific community, but went unmentioned by
Seaworld and other MMPs.
In 1994, amendments were made to the Marine Mammal Protection Act (MMPA)19 after
The Alliance of Aquariums & Marine Mammal Parks (AAMPA) lobbied Congress to have all
regulations transferred from NMFS to The Animal and Plant Health Inspection Service (APHIS).
The amendments transferred authority over animal care and maintenance to APHIS and
removed the requirement for facilities to obtain MMPA permits to hold Marine Mammals for
public display. The only permits currently issued for public display purposes are capture-fromthe-wild (including obtaining releasable stranded animals) and import of marine mammals.
(Section 104 of the MMPA) This meant that captive bred Orcas did not need to be registered.
This ruling resulted in less regulation of the industry, with NMFS being stripped of nearly all
responsibilities other than Marine Mammal Inventory Reports. These amendments have not been
overturned or amended.
Over the years many attempts have been made by Orca activists to free captive Orcas in
the US. They have succeeded in releasing a few Orcas, like Keiko 20, the Orca that played Free
Willy, and Springer21, an Orca who was found orphaned in 2002 and was successfully reunited
17

Orenstein, Walker. "SeaWorld Testifies against Measure Banning Whale Capitivity in State." The Seattle Times.
February 5, 2015. Accessed December 1, 2015. http://www.seattletimes.com/seattle-news/Seaworld-testifiesagainst-measure-banning-whale-capitivity-in-state/.
18
Olesiuk, P. F., M. A. Bigg, and G. M. Ellis. "Life History and Population Dynamics of Resident Killer Whales
(Orcinus Orca) in the Coastal Waters of British Columbia and Washington State." Reports of the International
Whaling Commission (RIWC), no. Special Issue 12 (1990): 209-43. http://www.freemorgan.org/wpcontent/uploads/2012/10/olesiuk_et_al_1990_resiident_Orca_bc_wa.pdf
19
"Public Display of Marine Mammals." NOAA Fisheries. December 17, 2013. Accessed November 3, 2015.
http://www.nmfs.noaa.gov/pr/permits/public_display.htm
20
"The History of Keiko, the World's Most Famous Whale." Keiko.com: The History of Keiko, the World's Most
Famous Whale. Accessed November 17, 2015. http://keiko.com/history.html.
21
Casselman, Anne. "First Killer Whale Reintroduced to Wild Has Baby." National Geographic. July 12, 2013.
Accessed November 30, 2015. http://news.nationalgeographic.com/news/2013/07/130711-Orca-killer-whalecanada-baby-animals-science/.

with its pod that same year. In 2013, when the movie Blackfish22 premiered, it caused a
significant amount of controversy. The film revealed the Dark side22 of captivity. The film
showcased the recent death of Dawn Brancheau (2010), a trainer at Seaworld6. This death was
caused by an Orca purposefully drowning and mutilating a trainer. The documentary made many
people questioning if what we were doing to Orcas in marine mammal parks was ethical. The
release of Blackfish caused economic damage to Seaworld23 by decreasing attendance.
To date there have been 99 Orcas
Figure 3: Graph showing total history of captive killer
captured, imported, or born into US
whales in The United States
MMPs14, as seen in figure 1. Seventyfour of these Orcas are dead and only 25
remain. This does not include the 30
stillbirths resulting from Seaworlds
breeding
program.
The
1994
amendments to the MMPA remain and
the situation hasnt changed significantly
in many years.
Three general approaches may be
taken when addressing the issue of Orcas
in captivity. The first general approach
would be to prevent future Orcas from being held in captivity. This could mean a swift release of
all Orcas in captivity, or a ban on importing and breeding. The second general approach would
be to change the environment captive Orcas are living in. This could mean requiring bigger
tanks, adding more enrichment, or putting a stop to the shows. The third general approach would
be to require more research of wild and captive Orcas before a decision could be made.
Focusing on the first general approach, two mutually exclusive policy options arise. The
first would be to transfer all captive Orcas to sea pens where researchers will attempt to
rehabilitate the Orcas into the wild. The second would be to put a ban on capturing, breeding,
and importing or exporting Orcas, making the Orcas currently in captivity be the last. The
California Legislature has the power to make these policies happen in California.

22

Blackfish. Directed by Gabriela Cowperthwaite. Zylo [ed., Distrib.], 2014. Film.

La Monica, Paul R. "SeaWorld Still Reeling from 'Blackfish' Backlash." CNNMoney. November 5, 2015.
Accessed November 17, 2015. http://money.cnn.com/2015/11/05/investing/Seaworld-earnings-attendanceblackfish/.
23

SECTION 3: STAKEHOLDER PERSPECTIVES

Orca Activists
Orca activists central value is that marine mammal parks are unethical to Orcas. They
want to see Orcas happy and healthy, and if possible, released to sea pens5. Their central
empirical assumption is that Orcas live longer in the wild than they do in captivity. They have
multiple empirical journals to support this fact, including the 1990 report18. However, it should
be noted that these studies could have biases of their own, as they were funded by groups that
fight for ecological justice. They have an interest because they believe that every creature with a
will to live has a right to live free from pain and suffering.5 These interests should be kept in
mind when reading the following empirical assumptions.
Activists cite a number of empirical cases of unnatural health and behavior in captive
Orcas. Orcas have reportedly shown tooth wear from biting grates and rubbing walls 24.
Collapsed dorsal fins are a common sight amongst captive Orcas, but less than 1% of wild Orcas
experience dorsal collapse according to a study by two former Seaworld trainers25. Captivity
separates Orcas from their pods, in some cases even separating the mother Orca from its calf.
When this has occurred, the mother Orca cries out all night in what most ecologists believe to be
grief26. This fact has footage to back up its claim, but still has potential for bias as it comes from
a documentary entirely funded by an ecology group. There have been four cases of Whale-onhuman violence that resulted in death, the most infamous among them, the death of Dawn
Brancheau in 20106. There have been hundreds of cases of reported aggressive behavior from
captive Orcas, compared to only one reported case of aggressive behavior of a wild Orca6. A
former Seaworld trainer, John Hargrove, who made the choice to leave after Ms. Brancheaus
death, compares the life of an Orca in captivity to being abducted by aliens, Except we are the
aliens and the whales are the abductees.27 On top of the many reported aggressive acts,
Hargrove says there were other occurrences that he considered aggressive that were not
considered aggressive enough to be written up as a corporate incident report.28
Another empirical assumption that Orca activists have is that the captive Orcas are
unhappy. In many cases, they cite the aforementioned health and behavior issues demonstrated
by these Orcas. Others cite the perceived stress on the Orcas26. One such study was performed by
John S. Jett PH. D and Jeffrey M. Ventre MD, two former Seaworld trainers who left Seaworld
to pursue further Orca studies. It is possible that they bring a bias resulting from some negative
experience with the company.

24

"Marine Animal Exhibits: Chlorinated Prisons." PETA. Accessed December 4, 2015.

Ventre, MD, Jeffrey M., and John S. Jett, Ph.D. "Keto & Tilikum Express the Stress of Orca Captivity." The Orca
Project. January 20, 2011. Accessed December 4, 2015.
26
A Fall from Freedom. Written by Stanley Minasian. Earthviews Productions, 2011. Film.
25

27

Hargrove, John, and Howard Eoan. Beneath the Surface: Killer Whales, SeaWorld, and the Truth beyond
Blackfish. PALGRAVE MACMILLAN, 2015.

Yet another empirical assumption is that the breeding programs are detrimental to the
captive Orcas. Cases are cited where female Orcas were bred far too young, relative to their wild
counterparts, or inbred28. These showed data that indicated the breeding program produced a
high number of stillbirths29. They also showed evidence that multiple female Orcas had died due
to birth complications29. Orca activists empirically assume that research performed by Seaworld
does not or no longer helps Orcas in the wild27. Many empirically claim that we have learned
the extent of what we can learn about wild Orcas from captive Orcas.27
Orca activists empirically assume that Marine Mammal Parks do not promote ecological
awareness. In a study for Tourism Review International, it was found that More than half of the
visitors (62.8%) were not aware of the issues of captive marine mammals welfare, especially the
problems related to the treatment and facilities for captive marine mammals.29 I am unaware of
any bias in this paper, but it does have the potential to be biased since this data was found
through survey and we are unaware of how the questions were phrased or what the testing
criteria were.
Orca activists empirically assume that the Orcas currently in captivity would not survive
in the wild. John Hargrove says [The Orcas] have become so dysfunctional due to years of
captivity that they would likely not survive in nature.27 Furthermore, the Orcas dont know
how to hunt for their own food.27 They have been conditioned to interact with humans in
reward-for-behavior scenarios that dont exist in the wild.
In an interview with a member of PETA, I asked their positions on the general
approaches and mutually exclusive policy options. PETA supports the general approach of
building a bigger tank and doing more research, but greatly supports the policy option of banning
Orca captivity and moving them to a seapen or ocean sanctuary5. In fact, PETA has pledged 1.5
million [dollars] to create an Orca sanctuary.5

Marine Mammal Parks

Marine Mammal Parks central value is that their business model is ethical to Orcas.
They want to see their Orcas happy and healthy in their park. Seaworld says As with all animals
at SeaWorld, the whales live in safe, sophisticated habitats, receive world-class medical care and
are continually engaged socially, mentally and physically.8 Orcas are a part of [Seaworlds]
family.8 Their central empirical assumption is that captive killer whales life spans are
equivalent with whales in the wild.30 Seaworld's study was much more recent, in 2013, but it
was funded by Seaworld so it has much reason to be biased. They believe the safest place for
28

Cronin, Melissa. "5 Reasons Why SeaWorld's Orca Breeding Program Is Seriously Bad News." The Dodo. April
30, 2014. Accessed December 1, 2015. https://www.thedodo.com/5-reasons-why-Seaworlds-Orca-b531056663.html.
29
Jiang, Yixing, Michael Lck, and E. C. M. Parsons. "Public Awareness, Education, and Marine Mammals in
Captivity." Tourism Review International, 2007, 237-49.
30
Matkin, Craig O., J. Ward Testa, Graeme M. Ellis, and Eva L. Saulitis. "Life History and Population Dynamics of
Southern Alaska Resident Killer Whales ( Orcinus Orca )." Marine Mammal Science, 2013, 460-79. Accessed
December 4, 2015. http://onlinelibrary.wiley.com.library2.csumb.edu:2048/doi/10.1111/mms.12049/full.

these Orcas is in their enclosures and want to take the best care of them they can, therefore
keeping Orcas in captivity are in their best interest. Former Seaworld Research Director, John
Hall said Seaworld estimated that 70% of profit derived from Killer Whales.31 These interests
should be kept in mind when reading the following empirical assumptions.
Seaworld empirically assumes that their Orcas are healthy and that they provide [their]
animals with restaurant-quality fish, exercise, veterinary care and the company of other members
of their species.8 According to their empirical studies dorsal collapse, is present in 24% of
males and is not an indicator of overall health8. They also empirically claim they recognize the
importance of social structure and keep dependent killer whale calves with their mothers.8
When it comes to the Whale-On-Trainer violence, all of the cases have ruled that the trainer
brought on the behavior or that it was the trainers mistake. In Dawns case, it was ruled that the
reason for Tilikums attack was Dawns loose ponytail touching the water and confusing
Tilikum27. They also say that the seemingly aggressive acts are natural. Empirically stating that
SeaWorld animals exhibit the same kinds of behavior as animals in the wild. While many
marine mammal species live in groups with a social hierarchy, aggression is rare and rarely
serious.8 There is a huge potential for bias in these facts, as many of these facts sourced
Seaworld sponsored studies or no studies at all.
Seaworld empirically assumes that their Orcas are happy. They believe that the
enrichment and play of doing shows and performing activities, keeps them continually engaged
socially, mentally and physically8. They also empirically assume their breeding program is
successful and produces healthy offspring. The continued success of this program depends on
[their] ongoing research and understanding of killer whale reproduction, respect for their social
structure and adherence to internationally recognized zoological standards.32 Four of the five
scientists performing this study are Seaworld employees so it has potential for bias. They also
empirically claim that the amount of stillbirths they produce is natural and that the neonatal
mortality in a studied population of wild killer whales (those between birth and six months of
age) is roughly 43 percent.33 Interestingly, for this fact they cited a study by two of the same
scientists who published the 1990 report. This study was on a different set of Orcas in 2005. The
information could be biased, but I could not interpret the evidence.
Seaworld empirically assumes that the research they do has direct benefit for science. 34
The research they conduct at SeaWorld is made available to the scientific community and may
someday help researchers understand why [certain] population[s] of whales [are] in decline and

31

"A Whale Of A Business." In Frontline. PBS. 1997.

Robeck, T.r., K.j. Steinman, and S. Gearhart. "Reproductive Physiology and Development of Artificial
Insemination Technology in Killer Whales (Orcinus Orca)." Biology of Reproduction 71, no. 2 (2004): 650-60.
33
Olesiuk, Peter F., John K.B. Ford, and Graeme M. Ellis. "Life History and Population Dynamics of Southern
Alaska Resident Killer Whales (Orcinus Orca )." Fisheries and Oceans Canada 2005, no. 45 (2005): 460-79.
Accessed December 5, 2015. http://www.dfo-mpo.gc.ca/CSAS/Csas/DocREC/2005/RES2005_045_e.pdf.
34
"Research Helps Wild Whales." SeaWorld Cares. Accessed December 5, 2015.
http://Seaworldcares.com/research/research-helps-wild-whales/.
32

perhaps help to reverse the trend.34 They stay very broad in this section and dont cite any
specific articles.
Seaworld empirically assumes that Marine Mammal Parks promote ecological awareness.
Guests at their parks have benefited from educational experiences intended to inspire a deeper
understanding, respect and desire to protect all wildlife. [They] strive to make learning fun and
enjoyable. [They] want to make that real connection between people and animals in the parks
and in the wild.35 SeaWorld Entertainment, Inc. President and Chief Executive Officer Joel
Manby said The overwhelming majority of adults nearly 95 percent according to research we
have seen tell us that they believe that visiting a zoo or aquarium can inspire conservation. 36
They also have funded many scholarships for conservation37.
MMPs also empirically assume that Orcas currently in captivity would not survive in the
wild. Mark Simmons, a former Seaworld trainer, wrote a book titled Killing Keiko: The True
Story of Free Willy's Return to the Wild.38 In it he chronicled his interpretation of the story of
Keiko, the Orca who played Free Willy. Several years after Keiko was moved from his tank in
Mexico to his sea pen in Washington, many Orca activists were pushing for Keiko to be released
quickly. Mark Simmons, who was assisting in this endeavor believes that first exposure should
have been a process - a series of approximations, slow and calm, positive encounters. Again, this
ill-conceived Hollywood version of release being a singular event derailed the path that might
have ensured his survival.38 He believes that releasing Keiko was not the right choice and when
Keiko died in Norway after being released for a little over a year, Mr. Simmons stated that
Keiko did not die a justified death, nor did he die at a natural age. He was killed.38
I predict SeaWorlds positions on my general approaches would be that they support the
decision for more research or requiring bigger tanks. They have announced an expansion of the
Orca exhibition tank in Seaworld San Diego, called The Blue World Project39, along with a $10
million pledge to fund research and conservation for killer whales in the wild.34. They would
oppose the general approach of preventing future Orcas from being held in captivity. This would
be directly against their beliefs. Therefore, both of my mutually exclusive policy options, are
also directly against their beliefs.

35

"Education." SeaWorld Cares. Accessed December 5, 2015. http://Seaworldcares.com/education/.

"Explore, Inspire, Act: We Provide Family Experiences That Matter." SeaWorld Cares. November 9, 2015.
Accessed December 5, 2015. http://Seaworldcares.com/2015/11/we-provide-family-experiences-that-matter/.
37
"Here's Just One Example of How a Visit to SeaWorld Can Inspire." You Ask We Answer. May 25, 2015.
Accessed December 5, 2015. http://ask.Seaworldcares.com/?p=956.
38
Simmons, Mark. Killing Keiko the True Story of Free Willy's Return to the Wild. New York: Callinectes Press,
2014.
39
"SeaWorld Announces First-Of-Its-Kind Killer Whale Environment and More Than $10 Million In New Funding
For Research and Conservation Projects." Blue World Project. August 15, 2014. Accessed October 30, 2015.
http://blueworldproject.Seaworld.com/Seaworld-announces-first-of-its-kind-killer-whale-environment/.
36

SECTION 4: EVALUATION OF POLICY OPTIONS

Policy Options

Ecological

Economic

Operational Practicality

Ban Captive
Orcas and
remove them to
sea pens

(++) Orcas currently in Seaworld would be

released to sea pens

(-/--) Sea Pens cost a lot

to build, but with the
support of organizations
like PETA, this cost
could be buffered.

(-) attempted and failed

(+) Orcas could still receive Seaworlds world

class care,
(+) would no longer be used for public display
(+) Could still be used for research
(-) Could be released to wild due to public
outcry

Phase out
Captive Orcas

(-) higher economic cost

(+) could be enacted under
current agency

(+) Unique opportunity

to capitalize on new
ecological tactics

(+) Orcas currently in Seaworld would be the

last

(+/-) no new expenses

would incur

(+) currently in legal

debate

(+) Orcas could still receive Seaworlds care

(+) might see a slight

raise in attendance

(+) Could be enacted under

current agency

When focused on the general approach of preventing future Orcas to be in Marine

Mammal Parks, two mutually-exclusive policy options arise. Each of these options will
evaluated based on the criteria of ecological justice, economic sustainability, and operational
practicality. Ecological Justice is how this policy impacts the lives of non-human animals,
specifically those of captive Orcas. Economic sustainability is how this policy will affect
finances of government and business, specifically MMPs. Operational practicality is how likely
it is this bill could be enacted, as well as, whether the policy can be implemented and regulated
by existing agencies or organizations or whether new agencies or organizations need to be
created. These policy options will include The Orca Welfare and Safety Act40, as well as the
Orca Responsibility Care Advancement (ORCA) Act41. These two bills have attempted to enact
these two mutually exclusive policy options in California.
Banning captive Orcas and removing them to sea pens would be the most ecologically
just option. The sea pens, closer to the size of their natural habitats than their tanks, would
provide Orcas with enough space to swim, while also allowing Seaworld to continue its care.
Though the Orcas would no longer be used for public display, Seaworld could still use the Orcas
for research. Another thing to consider is that these Orcas, once moved to sea pens, could have
the option of being released. Seaworld and Orca activists alike agree that releasing these
currently captive Orcas to the wild would only serve to harm the Orca. Economically, this policy
option would be a high cost endeavor. Sea pens are not cheap, but ecological groups have
pledged money to assist Seaworld in the building of these sea pens. These steps towards
ecological justice would also provide Seaworld with a unique opportunity to capitalize on the
reformation and teach the public about the conservation. However, the evidence is shown that
40

"AB 2140, the Orca Welfare and Safety Act Bill Analysis." Bill Analysis. April 4, 2014. Accessed December 1,
2015. http://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201320140AB2140#.
41
"THE ORCA RESPONSIBILITY AND CARE ADVANCEMENT (ORCA) ACT." Congressman Adam Schiff.
Accessed December 1, 2015. http://schiff.house.gov/imo/media/doc/ORCA%20Act%20Fact%20Sheet%2011.4.pdf

this policy could not be practically operated. The Orca Welfare and Safety Act39, or AB 2140,
tried to ban keeping Orcas in captivity but ultimately failed in late 2014. The cost of the bill and
unforeseen ramifications, kept this bill from becoming a reality.
Phasing out captive Orcas, would also be an ecologically just option. Though the Orcas
currently in captivity would still suffer the health ramifications of captivity, they would be the
last Orcas to do so. The Orcas still in captivity would still receive care from Seaworld.
Economically, no new expenses would incur. Seaworld might see a slight raise in attendance,
due to making steps towards compromise with ecological activists. The evidence has shown that
this policy could be practically operated. The Orca Responsibility Care Advancement (ORCA)
Act40, is still under consideration. Also, recently when Seaworld tried to get their Blue World
Project approved, an addendum was added to their approval that banned the breeding of Orcas 42.
Seaworld is fighting this in court presently. Ratifying The ORCA act would further reinforce this
law.

42

"California Bans Captive Breeding of SeaWorld Killer Whales." The Guardian. October 9, 2015.
http://www.theguardian.com/environment/2015/oct/09/california-bans-captive-breeding-of-Seaworld-killer-whales.

SECTION 5: RECOMMENDATION
My recommendation is to phase out captive Orcas by banning the breeding, importing,
exporting, and capture of wild Orcas by Marine Mammal Parks in California. There are three
limitations to this analysis that must be addressed. The first is that much of the data used in this
paper is contested by the other side of the debate. Both sides have reason for bias. Considering
this limitation, I must assume that both sides tried to use the facts to support their own reality of
the situation, meaning the truth lies somewhere in between. My second limitation is that there is
a lack of data regarding the cost of a sea pen. It is possible that this could be a better option, but
with a lack of clarity on price and how long it would take to build, I chose the policy option
where no renovations or costs would have to occur. My third limitation is that I read many bill
summaries, rather than the actual bill text, when researching these laws. Summarizes have the
potential for bias, but I could not comprehend the language of the actual bill text, so I could not
read them.
Two concessions must also be addressed when recommending this policy option. The
first is that banning the captivity of Orcas and moving those that are captive to a sea pen, could
be a great PR move for Seaworld, further improving their message of ecological awareness. This
could actually end up benefiting them financially rather than costing them money. The other
concession is that removing captive Orcas to sea pens would be the most ecologically sound
policy option. It would allow captive Orcas a great deal of space that would hopefully counteract
some conditions correlated to captivity, such as dorsal collapse. Despite the limitations and
concessions stated above, my recommendation is the policy to phase out captive Orcas. I chose
this policy option because it has a higher operational practicality than my other policy option, so
its more likely to actually pass. I believe that operational practicality is the most important
evaluation criteria, as it wouldnt make sense to recommend a bill that wouldnt pass, regardless
of how much it could benefit other parties.
A central empirical assumption that I find valuable in determining my choice of policy
option, is the empirical assumption that the breeding programs are detrimental to the captive
Orcas. The Orca activists assumption was backed up with a solid case of empirical evidence,
whereas, Seaworld had very little empirical evidence to deny these facts. The empirical evidence
from both stakeholders supports the idea that releasing these captive Orcas into the wild would
have detrimental effects on their health. These Orcas are not suited for the wild and do not know
how to hunt or sustain themselves27. A potential unintended of consequence of banning Orcas
completely would be having to release them into the wild due to public pressure.
I empirically assume that many of Seaworlds self-funded and self-researched sources are
highly questionable. First and foremost, Seaworld is a business. As a business, it would not be
wise to state that your business model relies on the mistreatment of an animal. I am
recommending this policy option under the assumption that Seaworld would go to any length
necessary to keep their Orcas safe and to secure themselves an economic future.

There are two potentially significant consequences that might result from this policy
option being enacted. One possible unwanted or unintended consequence of choosing this policy
option would be that MMPs could be defamed, even further than it has been by Blackfish and
other documentaries. This could have negative implications on the attendance rate of MMPs as
well as the stocks belong to MMPs. This could potentially have a ripple effect on the amount of
money going towards the care of the Orcas in these MMPs. Special planning to curb the effect of
this consequence could include, Seaworld and other MMPs, taking the money currently invested
in the breeding programs and putting it towards furthering their ecological awareness campaign.
This could counteract the negative image being shown in the news, and potentially better their
public image. Another unwanted or unintended consequence would be that Seaworld would no
longer be able to do research on Orca breeding habits. This could have impacts on the
availability of this type of data in the scientific community. Special planning to curb the effect of
this consequence could include, Seaworld and other MMPs, taking the money currently invested
in the breeding programs and putting it towards other Orca research efforts. In this way, MMPs
could continue to contribute to the growing knowledge on Orcas without having to be
performing that research. I understand that this policy option could cause Seaworld and other
MMPs to become further defamed. For this reason, I recommend allocating Seaworld and other
MMPs subsidies from the state to help them better their image through education and ecological
awareness.
Due to the immense controversy surrounding this issue, it is impossible to make a
decision that both enacts change and makes all stakeholders happy. However, these policies are
currently being enacted regardless of support. Earlier this year when Seaworld San Diego was
getting their Blue World Project approved, The California Coastal Commission included a ban
on captive Orca breeding within that facility43. This essentially made those captive Orcas the last
there would ever be in that facility, as Seaworld has sworn off all other types of Orca acquisition.
Therefore, I believe that while my policy proposal goes against many of MMPs best interests, it
also predicts the inevitable and recommends solutions to the potential problems that Seaworld
and other MMPs will face in the coming years. By promoting a more ecologically sound
business model and preempting many of the upcoming changes, Seaworld and other MMPs will
be able to preserve its business and sense of ecological awareness for future generations to enjoy
and learn from, all while improving the lives of the animals that both parties of stakeholders hold
so very dear.

43

"California Bans Captive Breeding of SeaWorld Killer Whales." The Guardian. October 9, 2015. Accessed
December 1, 2015. http://www.theguardian.com/environment/2015/oct/09/california-bans-captive-breeding-ofSeaworld-killer-whales.