Seaworld Captivity Argumentative Text
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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 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. -
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. -
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. -
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. -
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. -
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.