<I>Blackfish</I>

Tourism in Marine Environments, Vol. 13, No. 2–3, pp. 73–83 1544-273X/18 $60.00 + .00 Printed in the USA. All rights reserved. DOI: https://doi.org/10.3727/154427318X15225564602926 Copyright © 2018 Cognizant, LLC. E-ISSN 2169-0197 www.cognizantcommunication.com THE BLACKFISH EFFECT: CORPORATE AND POLICY CHANGE IN THE FACE OF SHIFTING PUBLIC OPINION ON CAPTIVE CETACEANS E. C. M. PARSONS* AND NAOMI A. ROSE† *Department of Environmental Science & Policy, George Mason University, Fairfax, VA, USA †Animal Welfare Institute, Washington, DC, USA In February 2010, a captive killer whale (Orcinus orca), or orca, killed his trainer at SeaWorld Florida. A cascade of events followed, including successful federal enforcement action against Sea- World for employee safety violations. In 2012 and 2015, nonfiction books about SeaWorld’s history with orcas were published; however, the 2013 documentary Blackfish has done the most to raise public awareness of captive orca welfare and trainer safety. It spawned a massive social media response, leading to the so-called “Blackfish Effect.” SeaWorld’s visitor numbers declined, busi- ness partners ended their relationships, and stock price plummeted. In 2012, Georgia Aquarium in Atlanta applied for a permit to import 18 wild-caught beluga whales from Russia; the permit was denied in 2013, the first time a public display permit had ever been denied in the history of the US Marine Mammal Protection Act. In 2014 and 2016, the California legislature considered bills phas- ing out captive orca exhibits in the state; the 2016 bill passed and became law in January 2017. In November 2015, a similar bill was introduced (and reintroduced in March 2017) in the US House of Representatives. In March 2016 SeaWorld announced it would end its orca breeding program company-wide and in January 2018 the Vancouver Aquarium announced it would no longer display cetaceans. Shifts in public perception of captive cetacean display strongly suggest policy makers should reconsider the legislative and regulatory status quo. Key words: Killer whale; Orcinus orca; SeaWorld; Blackfish; Legislation; Captivity; Public display Introduction The intelligence that allows these species to be trained to perform in fantastic entertainment spec- For decades, controversy has attended the pub- tacles leads to the obvious ethical question of lic display of captive cetaceans, particularly killer whether they should be held in captivity in the first whales (also known as orcas), Orcinus orca (see instance (White, 2000). However, in the past few e.g., Leiren-Young, 2016; Ventre & Jett, 2015). years this controversy has intensified, after trainers Address correspondence to Naomi A. Rose, Animal Welfare Institute, 900 Pennsylvania Ave SE, Washington, DC 20003, USA. E-mail: [email protected] 73 Delivered by Ingenta IP: 192.168.39.210 On: Fri, 01 Oct 2021 09:48:27 Article(s) and/or figure(s) cannot be used for resale. Please use proper citation format when citing this article including the DOI, publisher reference, volume number and page location. 74 PARSONS AND ROSE were killed in 2009 and 2010 by orcas going The US Occupational Safety and Health Admin- “off behavior” (refusing trainer commands) (see istration (OSHA) cited SeaWorld for the Florida Parsons, 2012, and below). incident in August 2010 (Grove, 2010; Parsons, Despite this perpetual controversy, visiting facili- 2012). SeaWorld challenged the citation, with ties with performing cetaceans remained universally hearings held in September and November 2011. popular as a tourism choice until recently, with the During the hearings, SeaWorld logbooks presented release of the documentary film Blackfish in 2013. as exhibits (dating back to 1988) revealed almost The idea that film can lead to shifts in societal 100 incidents of dangerous orca behavior,3 result- perceptions about appropriate or desirable tour- ing in a dozen serious injuries4 (Parsons, 2012). In ism choices is not new. However, generally these subsequent cross-examination, it became apparent influences are perceived as promotional market- these were likely an underestimate of the number ing or advertising (Hudson & Ritchie, 2006). A of serious incidents, as several verified reports of feature film or documentary may persuade the dangerous behavior had not been entered into the viewing public that the topic portrayed would be logbooks (Black, 2011; Howard-Fishburne, 2011; a desirable feature of a future tourism experience— Tompkins, 2011). A Department of Labor adminis- for example, the feature film Free Willy may have trative law judge upheld the citation in 2012.5 Sea- led to a boom in the whale-watching industry World appealed in 2013; the appeals court denied (Wearing, Buchmann, & Jobberns, 2011). How- SeaWorld’s request for a review in 20146 (see ever, it is less common for film to influence people summary of the original case in Parsons, 2012). to turn away from a previously popular tourism Following Brancheau’s death, two nonfiction choice. Blackfish is a unique example of the lat- books were published about SeaWorld’s history ter and has led to a series of notable societal, cor- with orcas and the human deaths and injuries noted porate, and policy changes, in several countries, above: Death at SeaWorld: Shamu and the Dark which are summarized and discussed below. Side of Killer Whales in Captivity by David Kirby (2012) and Beneath the Surface: Killer Whales, SeaWorld, and the Truth Beyond Blackfish by Background John Hargrove and Howard Chua-Eoan (2015). In February 2010, Tilikum,1 a 12,000 lb. captive Both gained considerable media attention, includ- male orca, killed his trainer, Dawn Brancheau, at ing author interviews on Anderson Cooper and SeaWorld Florida; this was the third human fatality The Daily Show.7 However, Blackfish has argu- with which this specific whale had been associated ably done the most to raise public awareness of (Parsons, 2012) (see Table 1). Another SeaWorld captive orca welfare and trainer safety. It spawned whale, unrelated to Tilikum and held at a Spanish a massive social media response related to cap- facility, had killed his trainer only 9 weeks earlier2 tive cetaceans, leading to the so-called “Blackfish (Parsons, 2012) (Table 1). Effect” (see e.g., Chattoo, 2016). Table 1 Human Fatalities From Captive Killer Whale (Orcinus orca) Attacks Date Victim Location Whale(s) Involved Injuries and/or Cause of Death Feb. 24, 2010 Dawn Brancheau SeaWorld, Orlando, Tilikum Blunt force trauma: Broken jaw, spine, ribs, FL, USA dislocated elbow/knee, severed arm, skull exposed (drowning also indicated, but water in sinuses was minimal) Dec. 24, 2009 Alexis Martínez Loro Parque, Canary Keto Blunt force trauma: Multiple compression Islands fractures, lacerated internal organs July 6, 1999 Daniel Dukes SeaWorld, Orlando, Tilikum Drowning: Body was covered in multiple FL, USA pre- and postmortem bruises and abrasions Feb. 21, 1991 Keltie Byrne Sealand of the Pacific, Tilikum Drowning Victoria, British Haida 2 Columbia, Canada Nootka 4 Delivered by Ingenta IP: 192.168.39.210 On: Fri, 01 Oct 2021 09:48:27 Article(s) and/or figure(s) cannot be used for resale. Please use proper citation format when citing this article including the DOI, publisher reference, volume number and page location. THE BLACKFISH EFFECT 75 This review’s objective is to describe the impact, 2012). The film featured interviews with a selec- on SeaWorld in particular (as the focus of Black- tion of cetacean scientists, former orca trainers, and fish) and captive cetacean display generally, of the one person who had been involved historically in “Blackfish Effect.” We offer evidence that it is a capturing orcas in the US. The commentary from genuine social phenomenon, leading to substan- former trainers (at least eight were featured) was tive corporate, legislative, and regulatory changes the most novel aspect of the film; advocacy oppos- affecting the display of captive cetaceans. ing the display of captive orcas is as old as the prac- tice of displaying them (Leiren-Young, 2016), but the authors of this advocacy were primarily non- Blackfish profit organizations and their representatives prior Blackfish was directed by Gabriela Cowperth- to 2010 (Kirby, 2012). The perspective of trainers waite. Cowperthwaite’s previous directorial experi- (current or former) had been noticeably absent. ence was a documentary on lacrosse (Internet Movie These former trainers spoke on camera, several for Database [IMDb], 2016a) and she was not involved the first time, of their behind-the-scenes experi- in any animal rights activism prior to making Black- ences with captive orcas. Contrary to the promo- fish. Blackfish cost $76,000 to make and debuted tional rhetoric of spokespeople for public display at the Sundance Film Festival in January 2013. Its facilities in the past, several recounted incidents total gross revenue was more than $2 million at the where they felt they had been misinformed; their US box office for its distributor, Magnolia Pictures safety had been threatened; the welfare of animals (The Numbers, 2013). The film was nominated for had suffered (in their view) through decisions made numerous awards (IMDb, 2016b), including from by management; and the public had been misled the British Academy of Film and Television Arts. about the animals’ welfare. The new film division of the Cable News Network (CNN) acquired the television rights to An Evidence-Based Approach Blackfish at Sundance. CNN premiered the film on October 24, 2013, reprising it at least 25 times Several points made in the film were based on in the following weeks. For the initial airing, sci- information from the peer-reviewed scientific lit- entists and experts, as well as former orca train- erature, consultation with leading cetacean experts ers featured in the film and the filmmakers, were and lawyers, eyewitness statements, and court docu- recruited to simultaneously provide facts and sup- mentation and police reports and/or autopsy results porting information via Twitter, to participate in a (Parsons, 2012).

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