As promised, SeaWorld filed a lawsuit against the California Coastal Commission on Tuesday, December 29th, trying to overturn a ban on breeding of orcas in their captive facilities at SeaWorld San Diego and a ban on moving in any new orcas or removing any from the facility.
In effect, the amendment approved by the Coastal Commission would phase out captive orcas at SeaWorld San Diego, the only captive orcas left in California.
SeaWorld had sought a permit from the Commission to expand the existing orca tanks and make other improvements. The Commission approved the plan, but added in the restriction against orca breeding. SeaWorld announced shortly after the decision that they would sue the Commission to overturn the amendment.
SeaWorld contends the Coastal Commission does not have jurisdiction to address captive orcas as the orcas are not part of the marine environment. SeaWorld further claims the federal government has jurisdiction that would pre-empt any state laws.
SeaWorld even attacks opponents of their captive breeding of orcas, claiming in their legal brief that: “Then the Coastal Commission process became unhinged. Animal rights activists appeared at the Coastal Commission hearing and vilified SeaWorld in their ‘testimony’." SeaWorld does not note that they bussed supporters and staff up from San Diego to flood that hearing with their own supporters, and spent considerable time during their own presentations vilifying their opponents.
Of course, SeaWorld also doesn’t mention the deaths of a captive orca and two beluga whales within 6 months of each other at SeaWorld San Antonio.
SeaWorld’s claims, as usual, are both hypocritical and false:
SeaWorld’s CEO Joel Manby told SeaWorld shareholders that SeaWorld was putting the orca tank expansion project on hold and will use the funds for other projects.
SeaWorld claims that not allowing orcas to breed is unnatural, a statement that makes no sense as SeaWorld deprives orcas of all of their natural environment and manipulates their behavior on a daily basis. SeaWorld separates orcas from each other routinely, keeping them apart in separate tanks, and most breeding is done through artificial insemination, not “natural” breeding as SeaWorld falsely claims.
Captive breeding of orcas never benefits wild orcas, as SeaWorld refuses to release ANY orcas back to the wild, including captive bred animals. The only reason to breed orcas in captivity is to produce more captives for SeaWorld circus shows. The whole reasoning behind the tank expansion project was likely to hold more orcas.
The California Coastal Commission has broad powers to protect the coastal zone that have been upheld time after time by the courts. The Commission previously conditioned SeaWorld building permits in order to protect the welfare of the captive orcas, so there is precedent for their most recent decision.
Scientists agree that in order to avoid problems of inbreeding for their captive orcas, SeaWorld will have to bring in new orcas caught in the wild to augment their gene pool. A likely source for new wild orcas, pushed by this economic imperative, is orcas living in California. No law prohibits SeaWorld from asking the federal government for a permit to catch California orcas. The Commission decision would prevent that from happening.
In sum, SeaWorld’s lawsuit does not hold water. They believe they can bully the courts and the Commission to back down and do their business as usual: collecting large fees from people who attend SeaWorld to see captive orcas, belugas and dolphins do repetative circus tricks for food.
Earth Island’s legal team is working to support the California Coastal Commission.