New legislation being proposed in California
would begin to phase out the keeping of killer whales (Orcinus orca) in captive environments in
the state. Democratic Assemblymember
Richard Bloom of the state’s fiftieth district announced the bill this
morning at a press conference on the Santa Monica Pier. The bill, AB 2140, is
informally called the “California Captive Orca Welfare and Safety
Act.”
If passed, the
bill would end performance-based entertainment for all killer whales in
California, end captive breeding programs for the species within the state,
prevent the import and export of genetic materials for breeding programs
elsewhere, prevent the import and export of the whales themselves, and more.
With the Pacific
Ocean as his backdrop, Bloom began the announcement by describing the ways in
which our relationship with one of the ocean’s top predators has changed in the
last forty years. “Not that long ago, the military used orcas for target practice
because they were considered dangerous to humans or pests to fisherman, and
were therefore deemed expendable. Well, things have obviously changed.
Beginning in the 1970s, studies of these majestic creatures in the wild began
to emerge, and over the next few decades we learned that orcas are neither
mindless killers nor pests. In their natural habitat, orcas are docile, if not
inquisitive.” He went on to describe their social structure and cognitive sophistication: “Orcas are family-oriented, highly adaptable, [and] socially complex, with cultural traditions that trail only humans as the most intelligent creatures on the planet.”
While Bloom has
a track record of concern for the environment – he is a former California
Coastal Commissioner and former Chair of the Santa Monica Bay Restoration
Commission – he explained that it was his constituents and his staff who
encouraged him to consider developing legislation on orca welfare. The film Blackfish
was what initially sparked the interest, but Bloom also consulted with marine
mammal researchers, including the Animal
Welfare Institute’s Naomi Rose, rather than relying entirely on the film to
form his opinions. “[Blackfish] is helping to form peoples’ opinions,
but…that wasn’t enough for me. I went out and spoke to the scientific
community,” Bloom said. “It wasn’t until after I had gathered all of
that information that I became convinced that this was an appropriate bill to
carry.”
While the
legislation is designed to end the keeping of killer whales for
entertainment purposes, the Assemblymember was clear that this was not targeted
at SeaWorld per se. “This bill is not about SeaWorld and it is not
intended to try and somehow harm SeaWorld and its business model.” He
said. “I am confident that SeaWorld can carry on without this one element
of the many things that it does. SeaWorld does good work in the community. It
provides funding for scientific studies, and it does marine rescue work that is
highly thought of by the community.”
Importantly, the
proposed legislation also acknowledges the practical and scientific limitations
involved in the release of captive-born animals. “Another misunderstanding
about this bill is that it would somehow lead to the release of all the orcas
that are currently in captivity, into the wild,” he said. Because killer whale
society is so complex, it would be a poor welfare decision to dump these
animals back into the sea. “To simply release them into the wild would
probably be releasing them to their deaths,” Bloom correctly explained. Those whales for
which wild release would be impossible are instead to be transferred to sea
pens. Until sea pens, which are large enclosures anchored to the seafloor and
attached to the shore, become available, the orcas are allowed to be kept in
their existing enclosures, but not for performance or entertainment purposes.
That means that
the orcas currently in marine parks and aquariums, some of whom will live out
their lives in their enclosures, will still be properly cared for. The training
that is necessary for veterinary care, psychological and physical enrichment, and management will still be permitted.
The full text of
the proposed legislation can be found here. It’s easy to understand and (in this
writer’s opinion) very well written. Here are the key points:
The bill makes
it illegal to hold in captivity a wild-caught or captive-born orca for
“performance or entertainment purposes.” That is defined as “any
routinely scheduled public exhibition that is characterized by music or other
sound effects, choreographed display or training for that display, or
unprotected contact between humans and orcas. Holding of an orca is not, by
itself, a performance or entertainment purpose.”
The bill also
makes it illegal to import or export killer whales intended for performance or
entertainment. It explicitly states that this provision would be waived for
transferring an orca to a sea pen or to the wild, and doesn’t apply to
individuals who are “held for rehabilitation after a rescue or stranding,
or for research purposes.”
The legislation,
as written, would also end the participation of captive orcas in California in
breeding programs. It would be illegal to breed or impregnate any of those
orcas, and it would also be illegal to “export, collect, or import”
any genetic materials from those whales “for the purpose of artificial
insemination.” Ostensibly this would mean that researchers could still
collect genetic materials for research purposes.
California is
currently home to ten orcas held in marine parks or aquaria. Three of them were
captured in the wild before it was made illegal, and seven were born in
captivity.
At the end of
the press conference, as if on cue, a bottlenose dolphin breached the surface
of Santa Monica Bay, several hundred meters behind Assemblymember Bloom. It
served as a good reminder that with a little patience and luck, it’s even
possible to witness a performance from a wild cetacean.
Header Image: Wikimedia Commons/Gordon2448.
