Orca Behavior and Subsequent Aggression Associated with Oceanarium Confinement
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1 United States District Court for The
1 Jeffrey S. Kerr (to be admitted pro hac vice) Matthew Strugar (State Bar No. 232951) Martina Bernstein (State Bar No. 230505) PETA Foundation 2 PETA Foundation 2898 Rowena Avenue 3 1536 16th Street NW Los Angeles, CA 90039 Washington, DC 20036 Tel: 323-739-2701 4 Tel: 202-483-2190 Fax: 202-540-2207 Fax: 202-540-2207 [email protected] 5 [email protected] 6 [email protected] 7 8 UNITED STATES DISTRICT COURT FOR THE 9 SOUTHERN DISTRICT OF CALIFORNIA 10 Tilikum, Katina, Corky, Kasatka, and Ulises, Case No.: 11-cv- five orcas, | 11 | Complaint for Declaratory 12 Plaintiffs, | and Injunctive Relief | 13 by their Next Friends, People for the Ethical Treatment of | 14 Animals, Inc., Richard “Ric” O’Barry, | Ingrid N. Visser, Ph.D., Howard Garrett, Samantha Berg, | 15 and Carol Ray, | | 16 v. | 17 | SeaWorld Parks & Entertainment, Inc. and SeaWorld, | 18 LLC, | | 19 Defendants. | 20 | 21 22 NATURE OF THE CASE 23 1. In this case of first impression, five wild-captured orcas named Tilikum, Katina, Corky, 24 Kasatka, and Ulises (collectively, the “Plaintiffs”), seek a declaration that they are held by the 25 Defendants in violation of Section One of the Thirteenth Amendment to the Constitution of the 26 United States, which prohibits slavery and involuntary servitude. Plaintiffs were forcibly taken 27 from their families and natural habitats, are held captive at SeaWorld San Diego and SeaWorld 28 Orlando, denied everything that is natural to them, subjected to artificial insemination or sperm COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF 1 1 collection to breed performers for Defendants’ shows, and forced to perform, all for Defendants’ 2 profit. -
Captive Orcas
Captive Orcas ‘Dying to Entertain You’ The Full Story A report for Whale and Dolphin Conservation Society (WDCS) Chippenham, UK Produced by Vanessa Williams Contents Introduction Section 1 The showbiz orca Section 2 Life in the wild FINgerprinting techniques. Community living. Social behaviour. Intelligence. Communication. Orca studies in other parts of the world. Fact file. Latest news on northern/southern residents. Section 3 The world orca trade Capture sites and methods. Legislation. Holding areas [USA/Canada /Iceland/Japan]. Effects of capture upon remaining animals. Potential future capture sites. Transport from the wild. Transport from tank to tank. “Orca laundering”. Breeding loan. Special deals. Section 4 Life in the tank Standards and regulations for captive display [USA/Canada/UK/Japan]. Conditions in captivity: Pool size. Pool design and water quality. Feeding. Acoustics and ambient noise. Social composition and companionship. Solitary confinement. Health of captive orcas: Survival rates and longevity. Causes of death. Stress. Aggressive behaviour towards other orcas. Aggression towards trainers. Section 5 Marine park myths Education. Conservation. Captive breeding. Research. Section 6 The display industry makes a killing Marketing the image. Lobbying. Dubious bedfellows. Drive fisheries. Over-capturing. Section 7 The times they are a-changing The future of marine parks. Changing climate of public opinion. Ethics. Alternatives to display. Whale watching. Cetacean-free facilities. Future of current captives. Release programmes. Section 8 Conclusions and recommendations Appendix: Location of current captives, and details of wild-caught orcas References The information contained in this report is believed to be correct at the time of last publication: 30th April 2001. Some information is inevitably date-sensitive: please notify the author with any comments or updated information. -
The Endangered Species Act As Applied to Captive, Endangered Mammals in People for the Ethical Treatment of Animals Inc
Volume 32 Issue 2 Article 7 5-5-2021 The Saddest Show on Earth: The Endangered Species Act as Applied to Captive, Endangered Mammals in People for the Ethical Treatment of Animals Inc. V. Miami Seaquarium Anne Ringelestein Follow this and additional works at: https://digitalcommons.law.villanova.edu/elj Part of the Administrative Law Commons, Animal Law Commons, Civil Law Commons, Conflict of Laws Commons, Courts Commons, Disaster Law Commons, Entertainment, Arts, and Sports Law Commons, Environmental Law Commons, Judges Commons, Jurisprudence Commons, Law of the Sea Commons, Legislation Commons, Litigation Commons, Nonprofit Organizations Law Commons, Rule of Law Commons, Science and Technology Law Commons, and the Supreme Court of the United States Commons Recommended Citation Anne Ringelestein, The Saddest Show on Earth: The Endangered Species Act as Applied to Captive, Endangered Mammals in People for the Ethical Treatment of Animals Inc. V. Miami Seaquarium, 32 Vill. Envtl. L.J. 303 (2021). Available at: https://digitalcommons.law.villanova.edu/elj/vol32/iss2/7 This Casenote is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Environmental Law Journal by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Ringelestein: The Saddest Show on Earth: The Endangered Species Act as Applied THE SADDEST SHOW ON EARTH: THE ENDANGERED SPECIES ACT AS APPLIED TO CAPTIVE, ENDANGERED MAMMALS IN PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. V. MIAMI SEAQUARIUM I. WELCOME TO THE CIRCUS: INTRODUCTION The Endangered Species Act of 1973 (ESA) is “the most com- prehensive legislation for the preservation of endangered species ever enacted by any nation.”1 The ESA is interpreted broadly as “provid[ing] a means whereby the ecosystems upon which endan- gered species . -
The Elephant Brain in Numbers
ORIGINAL RESEARCH ARTICLE published: 12 June 2014 NEUROANATOMY doi: 10.3389/fnana.2014.00046 The elephant brain in numbers Suzana Herculano-Houzel 1,2*, Kamilla Avelino-de-Souza 1,2, Kleber Neves 1,2, Jairo Porfírio 1,2, Débora Messeder 1,2, Larissa Mattos Feijó 1,2, José Maldonado 3 and Paul R. Manger 4 1 Instituto de Ciências Biomédicas, Universidade Federal do Rio de Janeiro, Rio de Janeiro, Brazil 2 Instituto Nacional de Neurociência Translacional, São Paulo, Brazil 3 MBF Bioscience, Inc., Rio de Janeiro, Brazil 4 School of Anatomical Sciences, Faculty of Health Sciences, University of the Witwatersrand, Johannesburg, South Africa Edited by: What explains the superior cognitive abilities of the human brain compared to other, larger Patrick R. Hof, Mount Sinai School of brains? Here we investigate the possibility that the human brain has a larger number of Medicine, USA neurons than even larger brains by determining the cellular composition of the brain of Reviewed by: the African elephant. We find that the African elephant brain, which is about three times John M. Allman, Caltech, USA 9 Roger Lyons Reep, University of larger than the human brain, contains 257 billion (10 ) neurons, three times more than the Florida, USA average human brain; however, 97.5%of the neurons in the elephant brain (251 billion) are *Correspondence: found in the cerebellum. This makes the elephant an outlier in regard to the number of Suzana Herculano-Houzel, Centro de cerebellar neurons compared to other mammals, which might be related to sensorimotor Ciências da Saúde, Universidade specializations. In contrast, the elephant cerebral cortex, which has twice the mass of the Federal do Rio de Janeiro, Rua Carlos Chagas Filho, 373 – sala human cerebral cortex, holds only 5.6 billion neurons, about one third of the number of F1-009, Ilha do Fundão 21941-902, neurons found in the human cerebral cortex. -
How Welfare Biology and Commonsense May Help to Reduce Animal Suffering
Ng, Yew-Kwang (2016) How welfare biology and commonsense may help to reduce animal suffering. Animal Sentience 7(1) DOI: 10.51291/2377-7478.1012 This article has appeared in the journal Animal Sentience, a peer-reviewed journal on animal cognition and feeling. It has been made open access, free for all, by WellBeing International and deposited in the WBI Studies Repository. For more information, please contact [email protected]. Ng, Yew-Kwang (2016) How welfare biology and commonsense may help to reduce animal suffering. Animal Sentience 7(1) DOI: 10.51291/2377-7478.1012 Cover Page Footnote I am grateful to Dr. Timothy D. Hau of the University of Hong Kong for assistance. This article is available in Animal Sentience: https://www.wellbeingintlstudiesrepository.org/ animsent/vol1/iss7/1 Animal Sentience 2016.007: Ng on Animal Suffering Call for Commentary: Animal Sentience publishes Open Peer Commentary on all accepted target articles. Target articles are peer-reviewed. Commentaries are editorially reviewed. There are submitted commentaries as well as invited commentaries. Commentaries appear as soon as they have been revised and accepted. Target article authors may respond to their commentaries individually or in a joint response to multiple commentaries. Instructions: http://animalstudiesrepository.org/animsent/guidelines.html How welfare biology and commonsense may help to reduce animal suffering Yew-Kwang Ng Division of Economics Nanyang Technological University Singapore Abstract: Welfare biology is the study of the welfare of living things. Welfare is net happiness (enjoyment minus suffering). Since this necessarily involves feelings, Dawkins (2014) has suggested that animal welfare science may face a paradox, because feelings are very difficult to study. -
THE CASE AGAINST Marine Mammals in Captivity Authors: Naomi A
s l a m m a y t T i M S N v I i A e G t A n i p E S r a A C a C E H n T M i THE CASE AGAINST Marine Mammals in Captivity The Humane Society of the United State s/ World Society for the Protection of Animals 2009 1 1 1 2 0 A M , n o t s o g B r o . 1 a 0 s 2 u - e a t i p s u S w , t e e r t S h t u o S 9 8 THE CASE AGAINST Marine Mammals in Captivity Authors: Naomi A. Rose, E.C.M. Parsons, and Richard Farinato, 4th edition Editors: Naomi A. Rose and Debra Firmani, 4th edition ©2009 The Humane Society of the United States and the World Society for the Protection of Animals. All rights reserved. ©2008 The HSUS. All rights reserved. Printed on recycled paper, acid free and elemental chlorine free, with soy-based ink. Cover: ©iStockphoto.com/Ying Ying Wong Overview n the debate over marine mammals in captivity, the of the natural environment. The truth is that marine mammals have evolved physically and behaviorally to survive these rigors. public display industry maintains that marine mammal For example, nearly every kind of marine mammal, from sea lion Iexhibits serve a valuable conservation function, people to dolphin, travels large distances daily in a search for food. In learn important information from seeing live animals, and captivity, natural feeding and foraging patterns are completely lost. -
Killer Controversy, Why Orcas Should No Longer Be Kept in Captivity
Killer Controversy Why orcas should no longer be kept in captivity ©Naomi Rose - HSI Prepared by Naomi A. Rose, Ph.D. Senior Scientist September 2011 The citation for this report should be as follows: Rose, N. A. 2011. Killer Controversy: Why Orcas Should No Longer Be Kept in Captivity. Humane Society International and The Humane Society of the United States, Washington, D.C. 16 pp. © 2011 Humane Society International and The Humane Society of the United States. All rights reserved. i Table of Contents Table of Contents ii Introduction 1 The Evidence 1 Longevity/survival rates/mortality 1 Age distribution 4 Causes of death 5 Dental health 5 Aberrant behavior 7 Human injuries and deaths 8 Conclusion 8 Ending the public display of orcas 9 What next? 10 Acknowledgments 11 ii iii Killer Controversy Why orcas should no longer be kept in captivity Introduction Since 1964, when a killer whale or orca (Orcinus orca) was first put on public display1, the image of this black-and-white marine icon has been rehabilitated from fearsome killer to cuddly sea panda. Once shot at by fishermen as a dangerous pest, the orca is now the star performer in theme park shows. But both these images are one-dimensional, a disservice to a species that may be second only to human beings when it comes to behavioral, linguistic, and ecological diversity and complexity. Orcas are intelligent and family-oriented. They are long-lived and self- aware. They are socially complex, with cultural traditions. They are the largest animal, and by far the largest predator, held in captivity. -
June 28, 2013 by ELECTRONIC AND
June 28, 2013 BY ELECTRONIC AND REGULAR MAIL Ms. Donna Darm Assistant Regional Administrator Protected Resources Division NMFS, Northwest Region 7600 Sand Point Way NE. Seattle WA, 98115 Dear Sir or Madame: RE: Comments on 90-Day Finding on a Petition to Include the Killer Whale Known as Lolita in the Endangered Species Act Listing of Southern Resident Killer Whales (SRKWs) (NOAA Identifier “NOAA–NMFS–2013–0056”) On behalf of the Animal Welfare Institute (AWI), please accept the following comments on the above-referenced National Marine Fisheries Service (hereafter NMFS) 90-day finding on a petition to include the killer whale known as Lolita in the Endangered Species Act listing of Southern Resident killer whales (Orcinus orca). The purpose of the finding is to determine if there is sufficient scientific and legal evidence to include Lolita in the classification of Southern Resident killer whales (SRKW) as endangered under the Endangered Species Act (ESA). AWI supports the petition submitted by animal protection and wildlife conservation organizations and asserts that the content of that petition clearly and indisputably demonstrates that the petitioned action is warranted. Ultimately, including Lolita in the listing as endangered will better provide for the conservation of all SRKW under the ESA, as well as for her own welfare. As the only SRKW in captivity, excluding Lolita from the listing is unjustified. Including Lolita as endangered under the ESA would provide many benefits to the species as a whole. As a species with low population numbers and increasing vulnerability to disease or catastrophic events (such as oil spills), protecting any member of the species is essential. -
The Evolution of Self-Control PNAS PLUS
The evolution of self-control PNAS PLUS Evan L. MacLeana,1, Brian Harea,b, Charles L. Nunna, Elsa Addessic, Federica Amicid, Rindy C. Andersone, Filippo Aurelif,g, Joseph M. Bakerh,i, Amanda E. Baniaj, Allison M. Barnardk, Neeltje J. Boogertl, Elizabeth M. Brannonb,m, Emily E. Brayn, Joel Braya, Lauren J. N. Brentb,o, Judith M. Burkartp, Josep Calld, Jessica F. Cantlonk, Lucy G. Chekeq, Nicola S. Claytonq, Mikel M. Delgador, Louis J. DiVincentis, Kazuo Fujitat, Esther Herrmannd, Chihiro Hiramatsut, Lucia F. Jacobsr,u, Kerry E. Jordanv, Jennifer R. Laudew, Kristin L. Leimgruberx, Emily J. E. Messerl, Antonio C. de A. Mouray, Ljerka Ostojicq, Alejandra Picardz, Michael L. Platta,b,o,aa, Joshua M. Plotnikq,bb, Friederike Rangecc,dd, Simon M. Readeree, Rachna B. Reddyff, Aaron A. Sandelff, Laurie R. Santosx, Katrin Schumannd, Amanda M. Seedl, Kendra B. Sewalle, Rachael C. Shawq, Katie E. Slocombez, Yanjie Sugg, Ayaka Takimotot, Jingzhi Tana, Ruoting Taol, Carel P. van Schaikp, Zsófia Virányicc, Elisabetta Visalberghic, Jordan C. Wadew, Arii Watanabeq, Jane Widnessx, Julie K. Younghh, Thomas R. Zentallw, and Yini Zhaogg Departments of aEvolutionary Anthropology, aaNeurobiology, and mPsychology and Neuroscience, and bCenter for Cognitive Neuroscience, oDuke Institute for Brain Sciences, Duke University, Durham, NC 27708; cIstituto di Scienze e Tecnologie della Cognizione Consiglio Nazionale delle Ricerche, 00197 Rome, Italy; dDepartment of Developmental and Comparative Psychology, Max Planck Institute for Evolutionary Anthropology, D-04103 -
16-14814 Date Filed: 01/12/2018 Page: 1 of 17
Case: 16-14814 Date Filed: 01/12/2018 Page: 1 of 17 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-14814 ________________________ D.C. Docket No. 1:15-cv-22692-UU PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., ANIMAL LEGAL DEFENSE FUND, HOWARD GARRETT, ORCA NETWORK, Plaintiffs - Appellants, versus MIAMI SEAQUARIUM, FESTIVAL FUN PARKS, LLC, Defendants - Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (January 12, 2018) Case: 16-14814 Date Filed: 01/12/2018 Page: 2 of 17 Before BLACK and HULL, Circuit Judges, and RESTANI,* Judge. PER CURIAM: This case concerns Lolita, an Orcinus orca living in captivity at Miami Seaquarium. People for the Ethical Treatment of Animals, Inc., Animal Legal Defense Fund, Orca Network, and Howard Garrett (collectively, PETA) sued Miami Seaquarium and Festival Fun Parks, LLC (collectively, Seaquarium), alleging Seaquarium is perpetrating an unlawful “take” by “harm[ing]” or “harass[ing]” Lolita in violation of section 9(a)(1)(B) of the Endangered Species Act of 1973, 16 U.S.C. § 1538(a)(1)(B). The district court determined that “a licensed exhibitor ‘take[s]’ a captive animal . only when its conduct gravely threatens or has the potential to gravely threaten the animal’s survival” and granted summary judgment for Seaquarium, citing PETA’s failure to identify any conduct satisfying that standard. On appeal, PETA contends the district court imposed too high a standard and, alternatively, that the district court erred by concluding Seaquarium’s conduct does not, as a matter of law, pose a grave threat to Lolita.1 * Honorable Jane A. -
Seasonality and Brain Size Are Negatively Associated in Frogs
www.nature.com/scientificreports OPEN Seasonality and brain size are negatively associated in frogs: evidence for the expensive brain Received: 7 July 2017 Accepted: 20 November 2017 framework Published: xx xx xxxx Yi Luo1,2, Mao Jun Zhong1,2, Yan Huang1,2, Feng Li1,2, Wen Bo Liao1,2 & Alexander Kotrschal3 The challenges of seasonal environments are thought to contribute to brain evolution, but in which way is debated. According to the Cognitive Bufer Hypothesis (CBH) brain size should increase with seasonality, as the cognitive benefts of a larger brain should help overcoming periods of food scarcity via, for instance, increased behavioral fexibility. However, in line with the Expensive Brain Framework (EBF) brain size should decrease with seasonality because a smaller brain confers energetic benefts in periods of food scarcity. Empirical evidence is inconclusive and mostly limited to homoeothermic animals. Here we used phylogenetic comparative analyses to test the impact of seasonality on brain evolution across 30 species of anurans (frogs) experiencing a wide range of temperature and precipitation. Our results support the EBF because relative brain size and the size of the optic tectum were negatively correlated with variability in temperature. In contrast, we found no association between the variability in precipitation and the length of the dry season with either brain size or the sizes of other major brain regions. We suggest that seasonality-induced food scarcity resulting from higher variability in temperature constrains brain size evolution in anurans. Less seasonal environments may therefore facilitate the evolution of larger brains in poikilothermic animals. Brain size varies dramatically between species1 and the recent decades have uncovered a variety of factors that drive this evolution2–10. -
Download All Beautiful Sites
1,800 Beautiful Places This booklet contains all the Principle Features and Honorable Mentions of 25 Cities at CitiesBeautiful.org. The beautiful places are organized alphabetically by city. Copyright © 2016 Gilbert H. Castle, III – Page 1 of 26 BEAUTIFUL MAP PRINCIPLE FEATURES HONORABLE MENTIONS FACET ICON Oude Kerk (Old Church); St. Nicholas (Sint- Portugese Synagoge, Nieuwe Kerk, Westerkerk, Bible Epiphany Nicolaaskerk); Our Lord in the Attic (Ons' Lieve Heer op Museum (Bijbels Museum) Solder) Rijksmuseum, Stedelijk Museum, Maritime Museum Hermitage Amsterdam; Central Library (Openbare Mentoring (Scheepvaartmuseum) Bibliotheek), Cobra Museum Royal Palace (Koninklijk Paleis), Concertgebouw, Music Self-Fulfillment Building on the IJ (Muziekgebouw aan 't IJ) Including Hôtel de Ville aka Stopera Bimhuis Especially Noteworthy Canals/Streets -- Herengracht, Elegance Brouwersgracht, Keizersgracht, Oude Schans, etc.; Municipal Theatre (Stadsschouwburg) Magna Plaza (Postkantoor); Blue Bridge (Blauwbrug) Red Light District (De Wallen), Skinny Bridge (Magere De Gooyer Windmill (Molen De Gooyer), Chess Originality Brug), Cinema Museum (Filmmuseum) aka Eye Film Square (Max Euweplein) Institute Musée des Tropiques aka Tropenmuseum; Van Gogh Museum, Museum Het Rembrandthuis, NEMO Revelation Photography Museums -- Photography Museum Science Center Amsterdam, Museum Huis voor Fotografie Marseille Principal Squares --Dam, Rembrandtplein, Leidseplein, Grandeur etc.; Central Station (Centraal Station); Maison de la Berlage's Stock Exchange (Beurs van