The Lolita Campaign a Retrospective by Howard Garrett Orca Network
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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. -
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. -
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. -
Bryndís Snæbjörnsdóttir
Spaces of Encounter: Art and Revision in Human - Animal Relations Bryndís Snæbjörnsdóttir Valand School of Fine Arts Faculty of Fine, Applied and Performing Arts University of Gothenburg Thesis for the degree of Doctor of Philosophy in Fine Art at Valand School of Fine Arts, Faculty of Fine, Applied and Performing Arts, University of Gothenburg. ArtMonitor is a publication series from the Board of Artistic Research (NKU), Faculty of Fine, Applied and Performing Arts, Unversity of Gothenburg Address: ArtMonitor University of Gothenburg Konstnärliga fakultetskansliet Box 141 405 30 Göteborg www.konst.gu.se Cover design: Robert Moxon Layout and design: Bryndís Snæbjörnsdóttir & Robert Moxon Cover photo: ©Snæbjörnsdóttir/Wilson Printed by: Geson Hylte Tryck © Bryndís Snæbjörnsdóttir ISBN: 978-91-977757-6-2 Cora & Curtis Abstract Title: Spaces of Encounter: Art and Revision in Human - Animal Relations Language: English Keywords: animal studies, artistic research, conceptual art, contemporary art, contextual art, fine art research, installation art, photography, post-humanism, relational art, Snæbjörnsdóttir/Wilson, site-specific art, taxidermy. ISBN: 978-91-977757-6-2 This PhD project explores contemporary Western human relationships with animals through a ‘relational’ art practice. It centres on three art projects produced by Snæbjörnsdóttir/Wilson – nanoq: flat out and bluesome; (a)fly; and seal – all utilize lens-based media and installations. Discourses on how humans construct their relationship with animals are central to all three projects. The first one looks at polar bears, the second at pets, and the third at seals, in a variety of different sites within clearly defined contexts and geographical locations. The thesis explores the visual art methodologies employed in the projects, tracing in turn their relationship to writings about human-animal relations. -
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. -
Helping Protect the Health of Keiko, the Killer Whale Who Starred in the Movie
Inventory No: 6BW-9911C Title: Protecting Keiko and Oregon Coast Aquarium Oregon Coast Aquarium, Conkling, Fiskum and McCormick, Inc., 1999, 2pgs Summary: With signs that Keiko's health may be suffering under the care of the Foundation, the Oregon Coast Aquarium began a campaign to retain control of the care of the whale. Full Text: OVERVIEW Until July 1, 1997, Aquarium staff was responsible for Keiko's rehabilitation, which began 18 months before when the star of the movie "Free Willy" was transported from a small, shabby pool in Mexico. That ended when the Foundation took sweeping measures to ban Aquarium staff access to Keiko. Soon concern and anger festered among staff. They reported seeing signs that Keiko was ill and confronted the Aquarium's board for not taking back control of the whale. When journalists found out about it, the Aquarium hired Conkling Fiskum & McCormick (CFM) to manage the crisis. CFM's transition strategy focused on the Aquarium's core mission and guided the organization toward a future without Keiko. RESEARCH • Quantitative – We reviewed the results of an annual statistically valid poll of visitors to the Aquarium. In 1997, a total of 1,510 visitors were surveyed. The poll found: 97 percent of respondents rated the Aquarium excellent or good; 77 percent said the Keiko exhibit was the reason they visited; and when asked to identify the exhibit they enjoyed the most, 55 percent said it was the Keiko exhibit, nearly five times the next most-enjoyed exhibit. • Qualitative – We reviewed the findings of The Oregon Coast Aquarium Capital Campaign Market Research Report, developed by Thomas D. -
Proposal to Retire the Orca Tokitae/Lolita to Her Native Habitat in the Pacific Northwest
PROPOSAL TO RETIRE THE ORCA LOLITA TO HER NATIVE HABITAT IN THE PACIFIC NORTHWEST Lolita in the 80’ long x 35’ wide x 20’ deep tank in Miami. Lolita’s seapen rehabilitation and retirement home in the San Juan Islands. Lolita’s seapen site in the San Juan Islands. The location for Lolita's seapen in the San Juan Islands. Depths are at low mean tide, in fathoms. Seapen site in the San Juan Islands. TABLE OF CONTENTS I. Introduction II. Executive Summary III. Background IV. Lolita’s Retirement Plan A. Step by step plan B. Goals C. Permitting D. Transport I. Introduction (revised Feb. 17, 2018) The original proposal for Lolita’s rehabilitation and retirement was first prepared by Center for Whale Research, Friday Harbor, WA, in April, 1995, (see Marine Biologist Ken Balcomb's Comprehensive Retirement Plan - A pre-proposal to return and rehabilitate a captive killer whale named Lolita to her home waters in Greater Puget Sound. Prepared by Center for Whale Research, April, 1995, For the 1995 Annual Meeting of the Association of Zoos and Aquariums in Seattle) and has been developed in collaboration with Orca Network in Freeland, WA. This draft proposal for Lolita’s retirement assumes that all concerned want the best outcome for Lolita, and further assumes that moving Lolita from Miami to her native waters in the Pacific NW in a carefully phased and professionally conducted transport, rehabilitation, and retirement program, with prescribed contingencies to meet all foreseeable circumstances, would be physically and mentally therapeutic and beneficial for her overall health and well-being. -
Keikó Til Vestmannaeyja - Páll Marvin Jónsson Segir Frá Heimsókn Skólabama Til Keikós Síðustu Dagana Áður En Hann Flutti Til Eyja
FYLKIRjólin 1998 21 Keikó til Vestmannaeyja - Páll Marvin Jónsson segir frá heimsókn skólabama til Keikós síðustu dagana áður en hann flutti til Eyja. Hver hefði trúað því fyrir ári að íbúum. Helsta perla bæjarins er Eflaust hafa fáir hafi gert sér grein ein skærasta stjarna Hollywood gamalt hafnarsvæði, en þar mátti fyrir því að ef Keikó hefði neitað ætti eftir að skrá lögheimili sitt í sjá fjöldann allan af skemmtilegum að fara inn í hliðarbúríð hefði Klettsvík í Vestmannaeyjum. byggingum og veitingastöðum. Á ekkert orðið af flutningunum sem Óhætt er að segja að allir hafi verið öllum bryggjum voru feiknastór hefði verið mjög óheppilegt þar mjög undrandi þegar Free Willy sæljón sem samkvæmt lögum sem allur heimurinn fylgdist grannt Keiko samtökin höfðu samband mátti ekki stugga við. Þarna var með öllu því sem gerðist. Það var við Guðjón Hjörleifsson einnig skemmtilegt mannlíf á því gaman að sjá framan í bæjarstjóra og óskuðu eftir að fá að kvöldin og er við gengum um skipuleggjendur flutningsins þegar skoða aðstöðu í Vestmannaeyjum göturnar virtist okkur sem allir Keikó synti rólega samkvæmt fyrir hinn heimsfræga háhyrning þekktu okkur þegar þeir lásu á skipunum þjálfara sinna inn í Keiko. Ég var þar engin bolina sem á stóð „Vestmanna- hliðarbúrið. undantekning. I fyrsta lagi höfðu eyjar Research Centre". Það kom fáir trú á því að Keikó fengi jafnvel fyrir að fólk gekk til okkar Ferðalagið til Eyja landvistarleyfi og í öðru lagi töldu og bað okkur um að gæta hvalsins Ferð Keikó frá Newport gekk í flestir að búið væri að ákveða að vel í Vestmannaeyjum.