Whale & Dolphin Captivity Bans Globally and Why the United States Should Join

By Rosemary Ellis

Breaking News: The Miami Seaquarium has had several recent deaths of dolphins, including the orca Tokitae (Lolita), plus inspection reports issued by the Animal & Plant Inspection Service (APHIS) of the Dept. of Agriculture, documenting animal care failures like poor quality fish, high levels of bacteria in water, and paint chips in tanks (often swallowed by bored and hungry dolphins). The Seaquarium is leased land by the Miami Dade County. Mayor Daniella Levine Cava has had enough, announcing plans to shut down the Seaquarium once and for all. Likely the remaining dolphins will be moved to other facilities.

It’s hard to deny that captivity fails to meet the biological requirements of cetaceans. Limited space, constrained social interactions, artificial environments, and behavioral restrictions all contribute to stress and premature mortality. Belugas and orcas – known for their intelligence and social nature – are completely ill-suited for a life in confinement. Yet it is estimated that there are more than 300 belugas and at least 54 orcas held in confinements around the World.

Fortunately, a growing number of countries, along with a few US states, have passed whale and dolphin captivity bans, and the US has the opportunity to pass legislation that would phase out small whale captivity.

Global Captivity Statistics for Captive Orcas & Belugas

Orcas have been kept in captivity since 1961, with at least 166 individuals being taken into captivity from the wild. As of January 2024, there are at least 54 orcas in captivity in marine parks around the world. Orcas are held captive in the following countries:

• Argentina (1 male named Kshamenk, who is used in breeding programs with other marine parks around theworld, yet has lived for years without orca companionship)

• France (3 orcas, reportedly destined for Japan)

• Japan (7)

• Spain (4)

• US (18 at the three SeaWorld parks)

• Russia (1 plus a recent calf)

• China (20, with 13 all caught in Russian waters)

Belugas are one of the most commonly kept cetaceans in captivity and are confined in marine parks and aquariums across a minimum of ten countries, with the largest populations found in China, Canada, Japan, Russia, Ukraine, and the United States. The captive beluga population is estimated to exceed 300 in these nations and a few others.

Legislation and Bans

Canada has a permanent ban on dolphin and whale captivity, with only one facility, Marineland in Niagara Falls, holding beluga whales and dolphins prior to the law. In Europe, the UK, Switzerland, France, Croatia, and Barcelona all have strict regulations or bans on marine mammal captivity. Additionally, India has banned cetacean captivity, while South Korea banned captures of whales for captivity last December.

Other countries that have some variation of whale or dolphin captivity ban are Bolivia, Chile, Costa Rica, Cyprus, Greece, Hungary, Nicaragua, Slovenia, Brazil, Luxembourg, and Norway.

Last year, Russia passed legislation banning captures of wild cetaceans in Russian waters for captivity, shutting off the lucrative trade of live orcas and beluga whales from Russian waters to other countries, notably China. The legislation does have loopholes, so we need to watch the situation.

Furthermore, the Moscow Aquarium announced, after the death last year of two of their captive orcas, that they would no longer seek to keep orcas in captivity as it was too difficult to keep them alive. They have one female orca left, who recently gave birth to a calf.

IMMP’s late friend and colleague, Mark Berman, in 1982, helped pass the first and only US state law that bans marine mammal captivity. Unfortunately, South Carolina weakened that law in 2001 to apply only to cetaceans. However, it set an example that other states, like California and New York, could follow in their own state laws.

In 2015, the California Coastal Commission agreed with objections from IMMP and other opponents to orca captivity and approved a permit for SeaWorld San Diego to expand its orca tank. But it also proposed, as a permit condition, that breeding, importing, and trading captive orcas stop. Initially, SeaWorld sued the Coastal Commission, but later dropped the lawsuit and adopted the policy of no breeding or importing new captive orcas for all three SeaWorld parks in the US.

In 2016, the state of California, with the support of IMMP, passed the Orca Welfare and Safety Act, based on the SeaWorld voluntary policy, which banned orca captivity, imports of orcas, breeding of orcas in captivity, and their use in entertainment. The legislation grandfathers in the orcas currently held at SeaWorld San Diego in California, so unless SeaWorld moves them to a seaside sanctuary, as proposed by IMMP, they will live out the rest of their lives in concrete tanks.

SWIMS Act in Congress

California’s Orca Welfare and Safety Act was a huge step forward and has been used as a model for the Strengthening Welfare in Marine Settings (SWIMS) Act, which is proposed federal legislation aimed to address these issues by phasing out captivity for small whales through stricter regulations. The SWIMS Act legislation, if passed in 2024, will end breeding and captivity of four whale species (actually large dolphins) for public display. It would apply to orcas, beluga whales, pilot whales, and false killer whales and would also amend the Marine Mammal Protection Act to prohibit live captures and exportation. In 2023, IMMP urged passage of the SWIMS Act by Congress and recruited co-sponsors for the SWIMS Act. We expect the 2024 version to be introduced next week in Congress. IMMP will continue to push the SWIMS Act forward until it passes.

Aquariums and Facilities in the United States with Orcas and Belugas

Currently all captive orcas in the US are held at the three SeaWorld parks, in San Diego, San Antonio, and Orlando. They are currently holding 18 orcas between these parks. Captive belugas in the US are held at Georgia Aquarium, Mystic Aquarium, SeaWorld (San Diego, Orlando, and San Antonio), and John G. Shedd Aquarium.

After the backlash towards the orca captivity industry as a result of the film, Blackfish, and IMMP’s and other groups’ testimonies before the California Coastal Commission, SeaWorld eventually announced it would phase out its orca breeding program. While this was a big “win” for orcas, SeaWorld’s pledge does not prevent SeaWorld from falling back on its word in its Orlando and San Antonio facilities or prevent the company from housing, breeding, importing, or exporting other small whales, such as belugas, pilot whales, and false killer whales. Additionally, without federal legislation a new marine park with orcas and other cetaceans could establish itself in the US.

Furthermore, IMMP advocates that SeaWorld should be retiring its orcas and other cetaceans to seaside sanctuaries, a healthier alternative to concrete tanks.

This stresses the need for the SWIMS Act to pass. We need stronger laws to ensure this generation of small whales will be the last in captivity. Other countries have already taken the important step to pass these laws, and it is past time for the United States to join them.

The Call for Seaside Sanctuaries

Seaside sanctuaries offer a humane alternative to retire captive marine mammals, aiming to provide a larger and more natural environment for their remaining years. Seaside sanctuaries also can function as vital rehabilitation centers for stranded and injured wild cetaceans.

Relocating captive cetaceans to seaside sanctuaries affords these marine mammals the chance for extended and healthier lives. Once a seaside sanctuary for small whales is established in the US, there is simply no excuse for SeaWorld to not retire its captive orcas and belugas there.

Read more about sanctuaries here.

The global efforts to end small whale captivity are gaining momentum through legislation, bans, and a collective call for change. The science is clearer than ever: captivity in small tanks is not healthy for whales and dolphins. By highlighting the successes, challenges, and the ongoing need for awareness, we hope to contribute to a future where all cetaceans are free from captivity. Stay informed, get involved, and let's work towards a world where captivity for whales and dolphins is a thing of the past.

*************************************

Your support is needed to end the cruel captivity of whales and dolphins. Please donate to help retire performing cetaceans to seaside sanctuaries and end the captures of wild whales and dolphins for captivity in the US and around the globe. Thank you for donating to IMMP today.