On Feb. 24, 2010, a Seaworld Orlando Orca Named Tilikum Killed
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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. -
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. -
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. -
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. -
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 .......................................................................................... -
Download The
COMMUNITY Orcas are big dolphins, but The Culture of ancient sailors named them killer whales. KillerWith enduring family relations, unique dialectsWhales and diets, and huge celebrations for special life events, the orca has evolved through culture, passing tradition from one generation to the next. By Lori Marino, PhD ennie travels about stay by her side for the rest of his 75 miles a day with her life. Her daughter and sister will infant son, her mother, help her in raising her little one her teenage daughter, through a long childhood. And she a grown son, sister and will depend upon the experience, Jher 80-year-old grandmother accumulated knowledge and in search of food and to explore, wisdom of her grandmother—the play and socialize. Because of the matriarch—to make the right strong cultural traditions she was decisions when life becomes hard. born into, she eats a very specific Jennie sounds like a person with diet, communicates in a dialect an extended family group whose unique to her group and socializes members each have a valued mainly within her family. Her daily role in a society driven by long- activities reflect ancient cultural standing cultural traditions shaped traditions passed down from one over generations. This could be generation to the next. Her infant a description of you or me. But son, just like her adult son, will Jennie just happens to be a person Orcas are especially prevalent in the waters off the Pacific Northwest and Norway’s northern coast. 62 ANIMAL MINDS 63 COMMUNITY from another species—the orca, better known as killer whales.