Killer Controversy, Why Orcas Should No Longer Be Kept in Captivity
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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 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. -
Advocates Dream of Flying Killer Whales to an Ocean Sanctuary, but Experts Clash Over Whether Science Supports the Move
FEATURES Downloaded from An orca encounter http://science.sciencemag.org/ at SeaWorld in San Diego, California. AN OASIS FOR ORCAS on September 18, 2017 Advocates dream of flying killer whales to an ocean sanctuary, but experts clash over whether science supports the move By David Grimm ow do you retire a 5-ton whale? profi t. The group is scouting sanctuary the whale, but for the previously whale- That’s a question some advocates locations along North America’s coasts— free ecosystem, says Shawn Noren, a and scientists have been asking including coves and small groups of islands physiologist at the University of Califor- themselves in the wake of Sea- that could be cordoned of —with fundraising nia (UC), Santa Cruz, who has studied World’s historic decision in March to follow. Other organizations have proposed orca biology at marine parks for nearly to stop breeding the 29 orcas in its similar ideas. 20 years. And the costs are mammoth— care. Although the chain of theme “There’s enough known about how to do perhaps tens or hundreds of millions of parks says it will hold onto the this that we could put up a facility in the dollars. The challenges, she says, “are animals until they die—which for next 3 to 5 years if we had the resources,” mind-boggling.” many could be decades from now—a few says WSP President Lori Marino, a bio- Hgroups want to fl y them to a sanctuary in the psychologist based in Kanab, Utah. “We’re BOTH SIDES OF THE ORCA captivity de- sea, a kind of wildlife refuge for these intel- moving pretty quickly.” bate agree that killer whales are remarkable ligent and far-ranging creatures. -
Summary Report of Keiko Evaluation Panel
Summary Report of Evaluation Panel Convened to Assess the Health of Keiko January 28, 1998 Panel Members: Dr. James McBain, Sea World, Inc. Dr. Al Smith, Oregon State University Dr. Jeffery Stott, University of California at Davis Dr. Joseph Geraci, National Aquarium in Baltimore Mr. Bud Krames, Dolphin Quest Dr. Barbara Kohn, USDA, APHIS, AC - Facilitator Other Contributors: Dr. Isis Johnson, USDA, APHIS, AC Dr. Randy Ridenour, USDA, APHIS, AC This independent evaluation was done with the full backing and support of the Free Willy Keiko Foundation. Foundation liaisons were Mr. Joseph Gaskins, and Mr. Robert Ratliffe. The Panel wishes to thank the staff at the Free Willy Keiko Foundation and the Oregon Coast Aquarium for their cooperation with this evaluation. The Panel was welcomed with open arms. We wish to thank Dr. Lanny Cornell for his cooperation. Keiko, a male killer whale, Orcinus orca, was transported to the United States and housed at a newly built facility within the Oregon Coast Aquarium (OCA) in January 1 1996. Since that time the animal has been under the care of the OCA and the Free Willy Keiko Foundation (FWKF). Due to the history and popularity of the whale, his health and well being have been subjected to a high degree of public and media scrutiny. In August 1997, after a change in personnel han- dling the day-to day care of Keiko and after conflicting reports of his health status,APHIS was asked to facilitate the formation of an independent panel of marine mammal experts who would assess the current health status of Keiko. -
The Whale, Inside: Ending Cetacean Captivity in Canada* Katie Sykes**
The Whale, Inside: Ending Cetacean Captivity in Canada* Katie Sykes** Canada has just passed a law making it illegal to keep cetaceans (whales and dolphins) in captivity for display and entertainment: the Ending the Captivity of Whales and Dolphins Act (Bill S-203). Only two facilities in the country still possess captive cetaceans: Marineland in Niagara Falls, Ontario; and the Vancouver Aquarium in Vancouver, British Columbia. The Vancouver Aquarium has announced that it will voluntarily end its cetacean program. This article summarizes the provisions of Bill S-203 and recounts its eventful journey through the legislative process. It gives an overview of the history of cetacean captivity in Canada, and of relevant existing 2019 CanLIIDocs 2114 Canadian law that regulates the capture and keeping of cetaceans. The article argues that social norms, and the law, have changed fundamentally on this issue because of several factors: a growing body of scientific research that has enhanced our understanding of cetaceans’ complex intelligence and social behaviour and the negative effects of captivity on their welfare; media investigations by both professional and citizen journalists; and advocacy on behalf of the animals, including in the legislative arena and in the courts. * This article is current as of June 17, 2019. It has been partially updated to reflect the passage of Bill S-203 in June 2019. ** Katie Sykes is Associate Professor of Law at Thompson Rivers University in Kamloops, British Columbia. Her research focuses on animal law and on the future of the legal profession. She is co-editor, with Peter Sankoff and Vaughan Black, of Canadian Perspectives on Animals and the Law (Toronto: Irwin Law, 2015) the first book-length jurisprudential work to engage in a sustained analysis of Canadian law regulating the treatment of non-human animals at the hands of human beings. -
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. -
Orcas in Our Midst, Volume 2, the Next Generation
Salish Sea Watershed and Columbia Basin The Salish Sea includes marine waters from Puget Sound, Washington to Georgia Strait, British Columbia. Orcas forage and travel throughout these inland waters, and also depend on salmon returning to the Columbia River, especially in winter months. Map courtesy of Harvey Greenberg, Department of Earth and Space Sciences, University of Washington (from USGS data). The Whales Who Share Our Inland Waters J pod, with some L pod orcas, in a formation known as “resting.” In this pattern, pods travel slowly in tight lines just under the surface for a few minutes, then rise for a series of blows for a minute or two. Photo by Jeff Hogan. Volume 2: The Next Generation Second Edition, March, 2006, updated August 2010 First edition funded by Puget Sound Action Team’s Public Involvement and Education Program by Howard Garrett Orca Network Whidbey Island, Washington Olympia, Washington www.orcanetwork.org www.psat.wa.gov Teachers: Student Activity guides by Jeff Hogan, Killer Whale Tales, Vashon, WA available at www.killerwhaletales.org or contact [email protected]. Orca Network is dedicated to raising awareness about the whales of the Pacific Northwest and the importance of providing them healthy and safe habitats. COVER: “Salmon Hunter” by Randall Scott Courtesy of Wild Wings, LLC.Lake City, MN 55041 Prints by the artist may be ordered by calling 1-800-445-4833 J1, at over 50 years old, swims in the center of a tight group of close family including newborn J38, at right. Photo by Jeff Hogan, Killer Whale Tales. Dedication To the mysterious orcas roaming these bountiful waters, to readers of all ages who seek to understand wildlife in their natural settings, to celebrate the whales’ presence here, and to help protect and restore the habitats we share with our orca neighbors. -
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. -
Stopping the Use, Sale and Trade of Whales and Dolphins in Canada How Protection Is Consistent with WTO Obligations
Stopping the use, sale and trade of whales and dolphins in Canada How protection is consistent with WTO obligations Prepared by Leesteffy Jenkins, Attorney at Law 219 West Main St., P.O. Box 634 Hillsborough, NH 03244-0634 Phone (603) 464-4395 For ZOOCHECK CANADA INC. 3266 Yonge Street, Suite 1417 Toronto, Ontario M4N 3P6 (416) 285-1744 (p) (416) 285-4670 (f ) [email protected] www.zoocheck.com This legal analysis was commissioned by Zoocheck Canada as part of a research initiative looking into how trade laws impact the trade and use of whales and dolphins in Canada, and to educate the public about the same. Page 1 April 25, 2003 QUESTION PRESENTED Whether a Canadian ban on the import and export of live cetaceans, wild-caught, captive born or those caught earlier in the wild and now considered captive, would violate Canada's obligations pursuant to the World Trade Organization (WTO) Agreements. CONCLUSION It is my understanding that there is currently no specific Canadian legislation banning the import/export of live cetaceans. Based on the facts* presented to me, however, it is my opinion that such legislation could be enacted consistent with WTO rules. This memorandum attempts to outline both the conditions under which Canadian regulation of trade in live cetaceans may be consistent with the WTO Agreements, as well as provide some guidance in the crafting of future legislation. PEER REVIEW & COMMENTS Chris Wold, Steve Shrybman, Esq Clinical Professor of Law and Director Sack, Goldblatt, Mitchell International Environmental Law Project 20 Dundas Street West, Ste 1130 Northwestern School of Law Toronto, Ontario M5G 2G8 Lewis and Clark College Tel.: (416) 979-2235 10015 SW Terwilliger Blvd Email: [email protected] Portland, Oregon, U.S.A. -
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. -
March 25, 2015, Complaint on Behalf of Holly Hall
Case 3:15-cv-00660-CAB-RBB Document 1 Filed 03/25/15 Page 1 of 84 1 STEVE W. BERMAN (pro hac vice pending) [email protected] 2 SHAYNE C. STEVENSON (pro hac vice pending) 3 [email protected] HAGENS BERMAN SOBOL SHAPIRO LLP 4 1918 Eighth Avenue, Suite 3300 Seattle, WA 98101 5 Telephone: (206) 623-7292 6 Facsimile: (206) 623-0594 7 ELAINE T. BYSZEWSKI (SBN 222304) [email protected] 8 HAGENS BERMAN SOBOL SHAPIRO LLP 301 N. Lake Avenue, Suite 203 9 Pasadena, CA 91101 10 Telephone: (213) 330-7150 Facsimile: (213) 330-7152 11 Attorneys for Plaintiff and the Proposed Classes 12 13 UNITED STATES DISTRICT COURT 14 SOUTHERN DISTRICT OF CALIFORNIA 15 16 HOLLY HALL, individually and on No. '15CV660 CAB RBB 17 behalf of herself and all others similarly situated, CLASS ACTION (FRCP 23) 18 19 Plaintiff, COMPLAINT 20 v. DEMAND FOR JURY TRIAL 21 SEAWORLD ENTERTAINMENT, 22 INC., 23 Defendant. 24 25 26 27 28 006222-13 758423 V1 Case 3:15-cv-00660-CAB-RBB Document 1 Filed 03/25/15 Page 2 of 84 1 TABLE OF CONTENTS 2 Page 3 I. OVERVIEW ....................................................................................................... 1 4 II. PARTIES ............................................................................................................ 4 5 III. JURISDICTION AND VENUE ......................................................................... 5 6 IV. FACTUAL ALLEGATIONS ............................................................................. 5 7 8 A. SeaWorld Markets an Enchanting Illusion of Captive Killer Whales ..........................................................................................