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Violent Incidents Between Humans and Orcas in Captivity
Violent incidents between humans and orcas in captivity Several accounts of violent incidents with humans have appeared in books and news clips, with little information on the dates or details of those incidents. Other descriptions have made headlines, and some were captured on video tape. There are also anecdotal reports of incidents that were never officially documented. NO. DATE AQUARIUM WHALEs INCIDENT SOURCE early years New York When water level was lowered for pool cleaning, young female Lupa sent Edward R. Riciuti, , New #1 1968 Lupa York, Walker & Co., 1973, Aquarium, USA trainers scrambling from the pool, snapping her jaws threatening. pp. 227-228. Edward R. Riciuti, Killers of the Sea, New York, Young male Cuddles became so increasingly aggressive, having a hold of at Walker & Co., 1973, pp. Flamingo Park, least two trainers, that keepers had to clean the pool from the protection of a 227-228; Reading #2 1969-1970 Cuddles England shark cage. Cuddles also dragged keeper Don Robinson into the pool when he Eagle, August 15, was at Dudley Zoo but that was possibly a PR stunt. 1971; Doug Cartlidge, personal communication, March 2010. Karen Pryor writes, "I have since heard... of at least one killer whale which Karen Pryor, Lads Before the Wind, New York, #3 1970s unknown unknown launched an unprovoked attack on a favorite trainer, in normal circumstances, Harper & Row, 1976, p. savaged him very badly, and nearly killed him." 220. Vancouver Trainer Doug Pemberton described young female Skana as the dominant Cranky killer whales put trainers through their #4 1970's Aquarium, Skana animal in the pool. -
Seaworld of Florida, LLC
UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 1924 Building – Room 2R90, 100 Alabama Street, S.W. Atlanta, Georgia 30303-3104 Secretary of Labor, Complainant v. OSHRC Docket No. 10-1705 SeaWorld of Florida, LLC, Respondent. Appearances: John A. Black, Esquire and Tremelle Howard-Fishburne, Esquire Office of the Solicitor, U.S. Department of Labor, Atlanta, Georgia For Complainant Carla J. Gunnin Stone, Esquire Constangy, Brooks & Smith, LLC, Atlanta, Georgia For Respondent Karen C. Dyer, Esquire and Jon L. Mills, Esquire Boies, Schiller & Flexner, LLP, Orlando, Florida For Intervenor Before: Administrative Law Judge Ken S. Welsch DECISION AND ORDER SeaWorld of Florida, LLC, is a marine animal theme park in Orlando, Florida. Although it features several different species of animals, killer whales are SeaWorld’s signature attraction. The killer whales perform in shows before audiences at Shamu Stadium. On February 24, 2010, SeaWorld trainer Dawn Brancheau was interacting with Tilikum, a 29 year-old male killer whale, in a pool at Shamu Stadium. Ms. Brancheau reclined on a platform located just a few inches below the surface of the water. Tilikum was supposed to mimic her behavior by rolling over onto his back. Instead, Tilikum grabbed Ms. Brancheau and pulled her off the platform and into the pool. Ms. Brancheau died as a result of Tilikum’s actions. 1 In response to media reports of Ms. Brancheau’s death, Occupational Safety and Health Administration (OSHA) compliance officer Lara Padgett conducted an inspection of SeaWorld. Based on Ms. Padgett’s inspection, the Secretary issued three citations to SeaWorld on August 23, 2010. -
The World Beyond Seaworld: a Comparative Analysis of International Law Protecting Cetacea in Captivity, 23 Ocean & Coastal L.J
Ocean and Coastal Law Journal Volume 23 | Number 2 Article 3 June 2018 The orW ld Beyond Seaworld: A Comparative Analysis of International Law Protecting Cetacea in Captivity Casey M. Weed University of Maine School of Law Follow this and additional works at: https://digitalcommons.mainelaw.maine.edu/oclj Part of the Law Commons Recommended Citation Casey M. Weed, The World Beyond Seaworld: A Comparative Analysis of International Law Protecting Cetacea in Captivity, 23 Ocean & Coastal L.J. 281 (2018). Available at: https://digitalcommons.mainelaw.maine.edu/oclj/vol23/iss2/3 This Article is brought to you for free and open access by the Journals at University of Maine School of Law Digital Commons. It has been accepted for inclusion in Ocean and Coastal Law Journal by an authorized editor of University of Maine School of Law Digital Commons. For more information, please contact [email protected]. THE WORLD BEYOND SEAWORLD: A COMPARATIVE ANALYSIS OF INTERNATIONAL LAW PROTECTING CETACEA IN CAPTIVITY Casey Weed* ABSTRACT Over the past few decades, the public has become more and more aware of the inhumane and incredibly harsh treatment of marine mammals being kept in captivity, specifically for entertainment purposes. Anger and outrage reached a heighted level after the CNN documentary, Blackfish, was released in 2013, as the film brought increased awareness to viewers across the country. However, the issue of marine mammals in captivity reaches far deeper than the SeaWorld controversy of recent years; in fact, the issue spans even beyond the United States. This article therefore analyzes the laws which allow for such captivity to take place, both nationally and internationally, while, at the same time, taking note of the impressive progress being made in both the United States and other areas around the world. -
Secretary of Labor V. Seaworld of Florida, LLC, Docket No. 10-1705
UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 1924 Building - Room 2R90. 100 Alabama Street. S.W. Atlanta. Georgia 30303-3104 Secretary of Labor, Complainant v. OSHRC Docket No. 10-1705 SeaWorld of Florida, LLC, Respondent. Appearances: John A. Black, Esquire and Tremelle Howard-Fishburne, Esquire Office of the Solicitor, U.S. Department of Labor, Atlanta, Georgia For Complainant Carla J. Gunnin Stone, Esquire Constangy, Brooks & Smith, LLC, Atlanta, Georgia For Respondent Karen C. Dyer, Esquire and Jon L. Mills, Esquire Boies, Schiller & Flexner, LLP, Orlando, Florida For Intervenor Before: Administrative Law Judge Ken S. Welsch DECISION AND ORDER SeaWorld of Florida, LLC, is a marine animal theme park in Orlando, Florida. Although it features several different species of animals, killer whales are SeaWorld's signature attraction. The killer whales perform in shows before audiences at Shamu Stadium. On February 24, 2010, SeaWorld trainer Dawn Brancheau was interacting with Tilikum, a 29 year-old male killer whale, in a pool at Shamu Stadium. Ms. Brancheau reclined on a platform located just a few inches below the surface of the water. Tilikum was supposed to mimic her behavior by rolling over onto his back. Instead, Tilikum grabbed Ms. Brancheau and pulled her off the platform and into the pool. Ms. Brancheau died as a result of Tilikum' s actions. 1 In response to media reports of Ms. Brancheau's death, Occupational Safety and Health Administration (OSHA) compliance officer Lara Padgett conducted an inspection of SeaWorld. Based on Ms. Padgett's inspection, the Secretary issued three citations to SeaWorld on August 23, 2010. -
A Summary of the Effects of Captivity on Orcas
A Summary of the Effects of Captivity on Orcas PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS Contents The Eff ects of Captivity on Tilikum and Orcas Generally at SeaWorld…………..................................…………......3 I. Orcas Are Extremely Intelligent Mammals Whose Brains Are Highly Developed in Areas Responsible for Complex Cognitive Functions, Including Self-Awareness, Social Cognition, Culture, and Language …………………………………………...............................................................................................…...4 II. Tilikum Is Deprived of Every Facet of His Culture and the Opportunity to Engage in Natural Behavior, Causing Extreme Stress and Suff ering….…………….….......................................................5 A. The Tanks at SeaWorld Provide Inadequate Space and Result in Stress……….…...........................5 B. SeaWorld’s Constant Manipulation of Tilikum’s Social Structure Results in Stress.................7 C. The Tanks at SeaWorld Create a Distressing Acoustic Environment…….………..….........................9 III. The Stressors of the Captive Environment at SeaWorld Result in Aggressiveness, Self- Injury, and Other Physical and Behavioral Abnormalities………………….……..............................................10 A. Aggression Between Orcas and Between Orcas and Humans……..……………..............................……10 B. Stereotypic Behavior………………….……………………………………….......................................................................….…..13 1. Painful Dental Problems Caused by Chewing Metal Gates and Concrete Tanks.....14 2. -
Symposium Articles
SYMPOSIUM ARTICLES A SLAVE BY ANY OTHER NAME IS STILL A SLAVE: THE TILIKUM CASE AND APPLICATION OF THE THIRTEENTH AMENDMENT TO NONHUMAN ANIMALS By Jeffrey S. Kerr, Martina Bernstein, Amanda Schwoerke, Matthew D. Strugar, Jared S. Goodman* On its face, the Thirteenth Amendment outlaws the conditions and practices of slavery and involuntary servitude wherever they may exist in this coun- try—irrespective of the victim’s race, creed, sex, or species. In 2011, People for the Ethical Treatment of Animals, on behalf of five wild-captured orcas, sued SeaWorld for enslaving the orcas in violation of the Thirteenth Amend- ment. The case presented, for the first time, the question of whether the Thir- teenth Amendment’s protections can extend to nonhuman animals. This Article examines the lawsuit’s factual, theoretical, and strategic underpin- nings, and argues that the district court’s opinion ultimately dismissing the suit failed to address the critical issues that animated this case of first im- pression: Who “counts” as a legal person for the purposes of law? Is it time * Jeffrey S. Kerr, Martina Bernstein, Amanda Schwoerke, Matthew D. Strugar, and Jared S. Goodman 2013. Mr. Kerr is General Counsel and Senior Vice President of Corporate Affairs for the PETA Foundation, 1536 16th St. NW, Washington, DC 20036. Ms. Bernstein is Director of Litigation for the PETA Foundation, Mr. Strugar is Senior Litigation Counsel for the PETA Foundation, and Ms. Schwoerke and Mr. Goodman are Counsel for the PETA Foundation. The authors express their deep gratitude to the Next Friends—Ric O’Barry, Dr. Ingrid Visser, Howard Garrett, Samantha Berg, and Carol Ray—for courageously and unequivocally joining People for the Ethical Treatment of Animals (PETA) in filing the groundbreaking Tilikum lawsuit; Kathy Hessler, Clinical Professor of Law and Animal Law Clinic Director at Lewis & Clark Law School, and the students of the Animal Law Clinic for their invaluable research assistance for the law- suit; Laurence H. -
"Killers: Orcas and Their Followers." Colonialism, Culture, Whales: the Cetacean Quartet
Huggan, Graham. "Killers: Orcas and Their Followers." Colonialism, Culture, Whales: The Cetacean Quartet. London: Bloomsbury Academic, 2018. 57–84. Environmental Cultures. Bloomsbury Collections. Web. 26 Sep. 2021. <http://dx.doi.org/10.5040/9781350010925.ch-003>. Downloaded from Bloomsbury Collections, www.bloomsburycollections.com, 26 September 2021, 22:02 UTC. Copyright © Graham Huggan 2018. You may share this work for non-commercial purposes only, provided you give attribution to the copyright holder and the publisher, and provide a link to the Creative Commons licence. 3 Killers: Orcas and Their Followers [The killer whale] is the fiercest, most terrifying animal in all the world. Joseph J. Cook Dolphins never hurt anybody. Richard O’Barry 58 Colonialism, Culture, Whales The Shamu effect In a 2005 story by the Canadian author Craig Davidson, a marine park trainer loses a leg after a spectacular routine with a performing orca, known in the trade as a ‘rocket hop’,1 goes catastrophically awry. The accident is described in graphic detail: Niska’s mouth opens. My left leg slips inside. Thigh raked down a row of teeth, shredding the wetsuit. Rocketing upwards, faster now. My crotch smashes the crook of her mouth and something goes snap. Jam a hand into Niska’s mouth and pry with everything I’ve got, her jaws a jammed elevator I’m trying to open. Whale gagging on the foot lodged deep in her throat, huge muscles constricting and relaxing. Bubbles swirling and ears roaring, mind panicked and lungs starved for oxygen, a bright flame of terror dancing behind my eyes and yet there remains this great liquid silence, all things distant and muted in this veil of salt water. -
“Dolphins, Captivity and Seaworld: the Misuse of Science” Thomas I. White, Ph.D. Loyola Marymount University, Los Angeles, C
1 “Dolphins, Captivity and SeaWorld: The misuse of science” Thomas I. White, Ph.D. Loyola Marymount University, Los Angeles, CA SeaWorld has been the ongoing target of sharp criticism by animal rights experts and marine mammal scientists because of the company’s treatment of its captive dolphins. This has included the claim that the cetaceans’ living conditions contributed to the three deaths associated with the orca Tilikum.1 While the deaths and controversy surrounding captivity has garnered most of the attention in the popular press, the company’s studied strategy of dishonesty has been overlooked.2 SeaWorld misrepresents the nature of the company as one committed to scientific integrity, and uses that to advance a false picture of the nature of dolphins. SeaWorld’s defense of their questionable practices is thus based on the misuse of science as a marketing tool, and represents a thoroughgoing lack of intellectual honesty. This essay identifies the actions in question and describes their ethical weaknesses, thus exposing new flaws in the culture of the beleaguered company. SeaWorld’s mission and the expectations of science 1 Regarding the orca Tilikum, see 2013 documentary “Blackfish.” On a variety of problems with captivity, see, for example, the Lori Marino’s testimony before The House Committee on Natural Resources Subcommittee on Insular Affairs, Oceans and Wildlife regarding educational aspects of public display of marine mammals, Washington D.C., 27 April 2010. There are more than thirty species of dolphins, ranging from small dolphins (spotted and spinner dolphins) to orcas. In this essay, “dolphin” will be used to refer to any of the species. -
Killer Whale Killers
Tourism in Marine Environments, Vol. 8, No. 3, pp. 153–160 1544-273X/12 $60.00 + .00 Printed in the USA. All rights reserved. DOI: http://dx.doi.org/10.3727/154427312X13491835451494 Copyright © 2012 Cognizant Comm. Corp. E-ISSN 2169-0197 www.cognizantcommunication.com COMMENTARY KILLER WHALE KILLERS E. C. M. PARSONS*† *Department of Environmental Science and Policy, George Mason University, Fairfax, Virginia, USA †University Marine Biological Station Millport (University of London), Isle of Cumbrae, Glasgow, UK In February 2010, a SeaWorld trainer was killed by a killer whale (Orcinus orca). The particular killer whale involved has been involved in three of the four human deaths attributed to killer whales in captivity. A second trainer had been killed just 9 weeks earlier by a SeaWorld killer whale on loan to a facility in the Canary Islands. As a result of the most recent incident, the US Occupational Safety and Health Administration cited SeaWorld in August 2010 for a willful violation of the US Occupational Safety and Health Act, because of the potential and specific dangers the agency consid- ered killer whales to pose to trainers. SeaWorld appealed the citation, which went to court in September/November 2011. In addition, the controversy over holding killer whales in captivity led the US House of Representatives Subcommittee on Insular Affairs, Oceans and Wildlife to hold an oversight hearing in April 2010. Key words: Killer whale; Orcinus orca; Trainer deaths; SeaWorld; Congressional hearing; Occupational Safety and Health Administration (OSHA) Introduction with which Tilikum had been associated. On July 6 1999, 27-year-old Daniel Dukes was found dead, On February 24, 2010 at SeaWorld Florida, a draped over Tilikum’s back. -
Keto & Tilikum Express the Stress of Orca Captivity
Keto & Tilikum Express the Stress of Orca Captivity by John S. Jett Visiting Research Professor Stetson University [email protected] & Jeffrey M. Ventre Physician New Orleans, LA, USA [email protected] February 2011 Manuscript Submitted to The Orca Project Appendix A Compiled by John Kielty Appendix B Adapted by the Authors Keto & Tilikum Express the Stress of Orca Captivity The practice of keeping killer whales in captivity has proven to be detrimental to the health and safety of animals and trainers alike. On Christmas Eve, 2009, trainer Alexis Martinez was killed by a male captive bred orca named Keto, who was on loan from Sea World to a facility called Loro Parque, in the Canary Islands, Spain. Two months later, on 24 February 2010, trainer Dawn Brancheau was killed by Tilikum, an animal involved with two previous human fatalities. Medical Examiner (ME) reports described massive trauma to both Dawn and Alexis. Neither death was accidental. While orca captivity generates large profits for companies like Sea World (SW), life in a shallow concrete tank is greatly impoverished compared to the lives of their free-ranging counterparts. Trainer deaths, whale deaths, and numerous documented injuries to both trainers and whales provide evidence of several key issues related to killer whale captivity. Tilikum is representative of the many social and health issues plaguing captive orcas. Typically spending their entire lives within tight family groupings, orcas captured from the wild, including Tilikum, have been traumatically extracted from the security, comfort and mentoring which these groupings provide. Captured animals are confined to small, acoustically-dead, concrete enclosures where they must live in extremely close proximity to other whales with which they often share no ancestral, cultural or communication similarities. -
Blackfish Discussion Guide
www.influencefilmclub.com Blackfish Discussion Guide Director: Gabriela Cowperthwaite Year: 2013 Time: 83 min You might know this director from: City Lax: An Urban Lacrosse Story (2010) FILM SUMMARY Harrowing and illuminating, BLACKFISH tells the story of SeaWorld’s Tilikum, a 12,000-pound bull orca, who caused the death of three humans, including his trainer, Dawn Brancheau, in 2010. Old clips of SeaWorld’s commercials show the public image of playful dolphins and orcas, celebrating man’s harmonious relationship with nature and inviting children to play with mighty sea creatures. Those who were involved in selling this fantasy, however, reveal the behind-the-scenes truth of tragedy and violence. Through candid testimonies, former SeaWorld trainers reflect with guilt, regret, and sorrow as they talk about their roles in selling a performance to an audience. Whale experts speak about the orca’s incredible intelligence and sentience, and a whale hunter mournfully reflects how he hunted Tilikum, separating him from his family. The film also claims that SeaWorld neglected to reveal the full truth to their trainers regarding the dangers of working with orcas. But for many, what is most horrific and persuasive of the film’s anti-captivity stance are the images of magnificent creatures confined in small pools and the archival footage of trainers being attacked, jerked into the water, and dragged to the bottom of the pool. BLACKFISH delves into the tragedy, folly, and cruelty of hunting wild orcas and keeping them captive in an unnatural manner. It also seeks to uncover the truth of the danger and death behind shows in which killer whales frolic, leap, and splash the audience on cue. -
Seaworld Orlando Trainer Killed in Whale Attack by Jason Garcia, Susan Fore the Incident Occurred
EWS 4 N THE AQUINAS FRIDAY, FEBRUARY 26, 2010 SeaWorld Orlando trainer killed in whale attack BY JASON GARCIA, SUSAN fore the incident occurred. JACobsoN, BIANCA PRIETO “It was terrible. It’s very difficult & AMY L. EDWARDS to see the image,” Sobrinho said. Brancheau was bleeding from McClatchy Newspapers the face or mouth, they said, and A SeaWorld Orlando animal the whale turned her over and trainer was killed Wednesday over as it swam. during an accident at SeaWorld’s Within minutes, an alarm in Shamu Stadium, park and law en- the viewing area sounded and se- forcement officials said. curity personnel arrived to escort Dawn Brancheau, a 40-year-old tourists out. with extensive training experi- “No panic, no panic” is what ence, drowned following a popular they said, Oliveira said in broken Dine with Shamu show as at least English. two dozen tourists looked on from About 20 visitors were also es- above a whale tank and from an corted out of the dining area, sev- underwater viewing area. eral diners told The Sentinel. SeaWorld executive Chuck Dine with Shamu is held twice Tompkins confirmed what wit- a day, according to the park. The nesses saw, that Brancheau was early show is at 12:30 p.m. The sec- pulled into the water by Tilikum, a ond show is held at 6:30 p.m. 12,000-pound male killer whale. “It is with great sadness that I Brancheau was finishing up a report that one of our most expe- session with Tilikum, the largest rienced animal trainers drowned whale in SeaWorld’s collection and in an incident with one of our its only mature male.