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The Blackfish Effect: Corporate and Policy Change in the Face of Shifting Public Opinion on Captive Cetaceans

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In February 2010, a captive killer whale (Orcinus orca), or orca, killed his trainer at SeaWorld Florida. A cascade of events followed, including successful federal enforcement action against Sea- World for employee safety violations. In 2012 and 2015, nonfiction books about SeaWorld's history with orcas were published; however, the 2013 documentary Blackfish has done the most to raise public awareness of captive orca welfare and trainer safety. It spawned a massive social media response, leading to the so-called "Blackfish Effect." SeaWorld's visitor numbers declined, business partners ended their relationships, and stock price plummeted. In 2012, Georgia Aquarium in Atlanta applied for a permit to import 18 wild-caught beluga whales from Russia; the permit was denied in 2013, the first time a public display permit had ever been denied in the history of the US Marine Mammal Protection Act. In 2014 and 2016, the California legislature considered bills phasing out captive orca exhibits in the state; the 2016 bill passed and became law in January 2017. In November 2015, a similar bill was introduced (and reintroduced in March 2017) in the US House of Representatives. In March 2016 SeaWorld announced it would end its orca breeding program company-wide and in January 2018 the Vancouver Aquarium announced it would no longer display cetaceans. Shifts in public perception of captive cetacean display strongly suggest policy makers should reconsider the legislative and regulatory status quo.
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Tourism in Marine Environments, Vol. 13, No. 2–3, pp. 73–83 1544-273X/18 $60.00 + .00
Printed in the USA. All rights reserved. DOI: https://doi.org/10.3727/154427318X15225564602926
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73
Address correspondence to Naomi A. Rose, Animal Welfare Institute, 900 Pennsylvania Ave SE, Washington, DC 20003, USA.
E-mail: naomi@awionline.org
The intelligence that allows these species to be
trained to perform in fantastic entertainment spec-
tacles leads to the obvious ethical question of
whether they should be held in captivity in the first
instance (White, 2000). However, in the past few
years this controversy has intensified, after trainers
Introduction
For decades, controversy has attended the pub-
lic display of captive cetaceans, particularly killer
whales (also known as orcas), Orcinus orca (see
e.g., Leiren-Young, 2016; Ventre & Jett, 2015).
THE BLACKFISH EFFECT: CORPORATE AND POLICY CHANGE IN THE
FACE OF SHIFTING PUBLIC OPINION ON CAPTIVE CETACEANS
E. C. M. PARSONS* AND NAOMI A. ROSE†
*Department of Environmental Science & Policy, George Mason University, Fairfax, VA, USA
†Animal Welfare Institute, Washington, DC, USA
In February 2010, a captive killer whale (Orcinus orca), or orca, killed his trainer at SeaWorld
Florida. A cascade of events followed, including successful federal enforcement action against Sea-
World for employee safety violations. In 2012 and 2015, nonfiction books about SeaWorld’s history
with orcas were published; however, the 2013 documentary Blackfish has done the most to raise
public awareness of captive orca welfare and trainer safety. It spawned a massive social media
response, leading to the so-called Blackfish Effect.” SeaWorld’s visitor numbers declined, busi-
ness partners ended their relationships, and stock price plummeted. In 2012, Georgia Aquarium in
Atlanta applied for a permit to import 18 wild-caught beluga whales from Russia; the permit was
denied in 2013, the first time a public display permit had ever been denied in the history of the US
Marine Mammal Protection Act. In 2014 and 2016, the California legislature considered bills phas-
ing out captive orca exhibits in the state; the 2016 bill passed and became law in January 2017. In
November 2015, a similar bill was introduced (and reintroduced in March 2017) in the US House
of Representatives. In March 2016 SeaWorld announced it would end its orca breeding program
company-wide and in January 2018 the Vancouver Aquarium announced it would no longer display
cetaceans. Shifts in public perception of captive cetacean display strongly suggest policy makers
should reconsider the legislative and regulatory status quo.
Key words: Killer whale; Orcinus orca; SeaWorld; Blackfish; Legislation; Captivity;
Public display
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74 PARSONS AND ROSE
The US Occupational Safety and Health Admin-
istration (OSHA) cited SeaWorld for the Florida
incident in August 2010 (Grove, 2010; Parsons,
2012). SeaWorld challenged the citation, with
hearings held in September and November 2011.
During the hearings, SeaWorld logbooks presented
as exhibits (dating back to 1988) revealed almost
100 incidents of dangerous orca behavior,3 result-
ing in a dozen serious injuries4 (Parsons, 2012). In
subsequent cross-examination, it became apparent
these were likely an underestimate of the number
of serious incidents, as several verified reports of
dangerous behavior had not been entered into the
logbooks (Black, 2011; Howard-Fishburne, 2011;
Tompkins, 2011). A Department of Labor adminis-
trative law judge upheld the citation in 2012.5 Sea-
World appealed in 2013; the appeals court denied
SeaWorld’s request for a review in 20146 (see
summary of the original case in Parsons, 2012).
Following Brancheau’s death, two nonfiction
books were published about SeaWorld’s history
with orcas and the human deaths and injuries noted
above: Death at SeaWorld: Shamu and the Dark
Side of Killer Whales in Captivity by David Kirby
(2012) and Beneath the Surface: Killer Whales,
SeaWorld, and the Truth Beyond Blackfish by
John Hargrove and Howard Chua-Eoan (2015).
Both gained considerable media attention, includ-
ing author interviews on Anderson Cooper and
The Daily Show.7 However, Blackfish has argu-
ably done the most to raise public awareness of
captive orca welfare and trainer safety. It spawned
a massive social media response related to cap-
tive cetaceans, leading to the so-called Blackfish
Effect” (see e.g., Chattoo, 2016).
were killed in 2009 and 2010 by orcas going
“off behavior” (refusing trainer commands) (see
Parsons, 2012, and below).
Despite this perpetual controversy, visiting facili-
ties with performing cetaceans remained universally
popular as a tourism choice until recently, with the
release of the documentary film Blackfish in 2013.
The idea that film can lead to shifts in societal
perceptions about appropriate or desirable tour-
ism choices is not new. However, generally these
influences are perceived as promotional market-
ing or advertising (Hudson & Ritchie, 2006). A
feature film or documentary may persuade the
viewing public that the topic portrayed would be
a desirable feature of a future tourism experience—
for example, the feature film Free Willy may have
led to a boom in the whale-watching industry
(Wearing, Buchmann, & Jobberns, 2011). How-
ever, it is less common for film to influence people
to turn away from a previously popular tourism
choice. Blackfish is a unique example of the lat-
ter and has led to a series of notable societal, cor-
porate, and policy changes, in several countries,
which are summarized and discussed below.
Background
In February 2010, Tilikum,1 a 12,000 lb. captive
male orca, killed his trainer, Dawn Brancheau, at
SeaWorld Florida; this was the third human fatality
with which this specific whale had been associated
(Parsons, 2012) (see Table 1). Another SeaWorld
whale, unrelated to Tilikum and held at a Spanish
facility, had killed his trainer only 9 weeks earlier2
(Parsons, 2012) (Table 1).
Table 1
Human Fatalities From Captive Killer Whale (Orcinus orca) Attacks
Date Victim Location Whale(s) Involved Injuries and/or Cause of Death
Feb. 24, 2010 Dawn Brancheau SeaWorld, Orlando,
FL, USA Tilikum Blunt force trauma: Broken jaw, spine, ribs,
dislocated elbow/knee, severed arm, skull
exposed (drowning also indicated, but
water in sinuses was minimal)
Dec. 24, 2009 Alexis Martínez Loro Parque, Canary
Islands Keto Blunt force trauma: Multiple compression
fractures, lacerated internal organs
July 6, 1999 Daniel Dukes SeaWorld, Orlando,
FL, USA Tilikum Drowning: Body was covered in multiple
pre- and postmortem bruises and abrasions
Feb. 21, 1991 Keltie Byrne Sealand of the Pacific,
Victoria, British
Columbia, Canada
Tilikum
Haida 2
Nootka 4
Drowning
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THE BLACKFISH EFFECT 75
2012). The film featured interviews with a selec-
tion of cetacean scientists, former orca trainers, and
one person who had been involved historically in
capturing orcas in the US. The commentary from
former trainers (at least eight were featured) was
the most novel aspect of the film; advocacy oppos-
ing the display of captive orcas is as old as the prac-
tice of displaying them (Leiren-Young, 2016), but
the authors of this advocacy were primarily non-
profit organizations and their representatives prior
to 2010 (Kirby, 2012). The perspective of trainers
(current or former) had been noticeably absent.
These former trainers spoke on camera, several for
the first time, of their behind-the-scenes experi-
ences with captive orcas. Contrary to the promo-
tional rhetoric of spokespeople for public display
facilities in the past, several recounted incidents
where they felt they had been misinformed; their
safety had been threatened; the welfare of animals
had suffered (in their view) through decisions made
by management; and the public had been misled
about the animals’ welfare.
An Evidence-Based Approach
Several points made in the film were based on
information from the peer-reviewed scientific lit-
erature, consultation with leading cetacean experts
and lawyers, eyewitness statements, and court docu-
mentation and police reports and/or autopsy results
(Parsons, 2012). The filmmakers invited represen-
tatives of SeaWorld to be interviewed for the docu-
mentary, but they declined to participate (as noted
in the film). Nevertheless, company representatives
characterized Blackfish as factually incorrect.9 The
filmmakers subsequently provided a rebuttal to the
list of these criticisms (Renninger, 2013).
An example of these criticisms was that the
film mispresented orca life expectancies. However,
Blackfish accurately noted that male orcas in north-
east Pacific populations (for which life history data
are most complete) have a maximum estimated life
span of 60–70 years (Ford, 2009) and female orcas
have a maximum estimated life span of 80–90
(Ford, 2009). In contrast, captive orcas of either
sex rarely live longer than 30 years, with many
dying in their teens and 20s (Jett & Ventre, 2015;
Robeck, Willis, Scarpuzzi, & O’Brien, 2015; Small
& Demaster, 1995).
This review’s objective is to describe the impact,
on SeaWorld in particular (as the focus of Black-
fish) and captive cetacean display generally, of the
Blackfish Effect.” We offer evidence that it is a
genuine social phenomenon, leading to substan-
tive corporate, legislative, and regulatory changes
affecting the display of captive cetaceans.
Blackfish
Blackfish was directed by Gabriela Cowperth-
waite. Cowperthwaite’s previous directorial experi-
ence was a documentary on lacrosse (Internet Movie
Database [IMDb], 2016a) and she was not involved
in any animal rights activism prior to making Black-
fish. Blackfish cost $76,000 to make and debuted
at the Sundance Film Festival in January 2013. Its
total gross revenue was more than $2 million at the
US box office for its distributor, Magnolia Pictures
(The Numbers, 2013). The film was nominated for
numerous awards (IMDb, 2016b), including from
the British Academy of Film and Television Arts.
The new film division of the Cable News
Network (CNN) acquired the television rights to
Blackfish at Sundance. CNN premiered the film
on October 24, 2013, reprising it at least 25 times
in the following weeks. For the initial airing, sci-
entists and experts, as well as former orca train-
ers featured in the film and the filmmakers, were
recruited to simultaneously provide facts and sup-
porting information via Twitter, to participate in a
Crossfire segment (a long-running current affairs
debate TV show on CNN) with a representative of
the public display community,8 and to write blogs
(Rose, 2013). The Twitter hashtags #Blackfish and
#Blackfishthemovie “trended” during the initial
showing, with nearly 70,000 documentary-related
Tweets seen by 7.3 million people (Rogers, 2013;
Wright et al., 2015). In 2013 alone, CNN reported
that 21 million viewers watched the documentary
(CNN, 2014). Subsequently Blackfish was acquired
by the Netflix “on demand” video service.
The documentary described the deaths and inju-
ries of orca trainers and others, in particular the
deaths of SeaWorld trainer Brancheau, part-time
Sealand trainer Keltie Byrne, and Loro Parque trainer
Alexis Martinez (Parsons, 2012). It reported on the
regulatory and litigation responses to Brancheau’s
death and the subsequent OSHA citation (Parsons,
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76 PARSONS AND ROSE
SeaWorld also saw a decrease in attendance
at its parks, with 1 million fewer people visiting
SeaWorld in 2014 over the previous year (“Sea-
World Entertainment, Inc. Reports,” 2015). The
company also saw its stock drop; share prices
decreased 45% from a high in mid-2013 to mid-
2014, including a 1-day plummet of 33% on
August 13, 2014, when the company released its
second quarter report (Solomon, 2014). In all,
during 2014, SeaWorld lost more than $80 mil-
lion in revenue (a 6% decrease), according to its
annual earnings report (“SeaWorld Entertainment,
Inc. Reports,” 2015). This decline in revenue and
visitor numbers has continued (Russon, 2017a,
2017b), with the company reporting 353,000 fewer
visitors in the first half of 2017 when compared
to the beginning of 2016 (Russon, 2017a). The
company had assumed negative publicity from
Blackfish would recede and visitor numbers and
revenue would rebound, but these did not happen
(Russon, 2017a).
In August 2015, the fourth in a series of class-
action lawsuits11 was filed, with evidence of what
“attorneys allege[d] to be the misrepresented and
undisclosed truth about the conditions and treat-
ment of SeaWorld’s captive orcas” (MarketWatch,
2015). A shareholders’ lawsuit12 was also launched,
with the plaintiffs contending that SeaWorld had
withheld the financial impact of Blackfish from
shareholders. E-mails released during the discov-
ery phase of the latter case revealed that executives
were indeed secretly tracking revenue lost because
of the documentary’s impact (Weisberg & Russon,
2017). The withholding of information about the
financial impacts of Blackfish has led to paral-
lel criminal investigations into SeaWorld’s finan-
cial disclosures by the US Department of Justice
and the US Securities and Exchange Commission
(Swenson, 2017).
Public Display Import Permit Denial
In 2012, Georgia Aquarium applied for a Marine
Mammal Protection Act (MMPA) permit to import
18 belugas for the purpose of public display.13 The
belugas had been captured in the Sea of Okhotsk,
Russia. This was the first MMPA request to import
wild-caught cetaceans in 20 years. During the
public comment period for the permit application,
Mortality rates of orcas in marine theme parks
are a matter of record, especially in the US, where
births, transfers, and deaths of captive marine mam-
mals must be recorded in a database mandated by
the US Marine Mammal Protection Act [16 USC §
1374 (c) (10)]. Small and DeMaster (1995) reported
an annual mortality rate for captive orcas that was,
at that time, 2.5 times higher than in the northeast
Pacific populations. A recent peer-reviewed study
using different methodologies—the Kaplan-Meier
and Cox proportional hazard models—noted that
captive orca survival rates had improved, but
that captive orca “survival to age milestones [is]
poor when compared to wild killer whales” (Jett
& Ventre, 2015, p. 1362). Another recent article
(Robeck et al., 2015) also noted survivorship
improvement, but found current SeaWorld orca
survival rates are now similar to those in the north-
east Pacific, where populations have subsequently
been designated as endangered and threatened.10
The Blackfish Effect
There was a high level of interest in the docu-
mentary on social media (Wright et al., 2015). Tra-
ditional media also showed considerable interest
in the topics it raised, promptly noting incidents
involving captive cetaceans, such as deaths, import
attempts, or negative human–cetacean interactions
(e.g., Pedicini, 2015; Wang, 2015). These tradi-
tional media pieces seemed to represent the views
of both sides of the captivity debate more equitably
and to be published more often than before Black-
fish (N. Rose, personal observation).
Economic Impacts on the Company
Within a year of Blackfish’s release, longtime cor-
porate partners cancelled their arrangements with
SeaWorld. For example, Southwest Airlines termi-
nated its 26-year partnership with SeaWorld (Kumar,
2014). Two American football teams, the Miami
Dolphins and the Seattle Seahawks, ended long-
standing associations (Joseph, 2015; Koerner, 2014).
Several well-known musical acts also cancelled
performances at SeaWorld parks (Duke, 2014). In
December 2014, SeaWorld’s Chief Executive Offi-
cer (CEO) Jim Atchison announced his resignation
and was replaced by Joel Manby in April 2015.
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THE BLACKFISH EFFECT 77
facility for display; and the maximum number of
whales that could be held was 15 (4 more than the
current numbers then, to allow for the possibility
of animals held for rescue and rehabilitation) (Cali-
fornia Coastal Commission, 2015). SeaWorld sued
the CCC over these conditions, as the company
believed the CCC had overstepped its authority
under the California Coastal Act (Martin, 2015).
The public relations pressures from the Blue
World situation, coupled with a likely reintroduc-
tion of the Bloom bill, were probable factors in
the decision by SeaWorld to engage with The
Humane Society of the United States (HSUS) in
a series of discussions, which began sometime in
2015 and culminated, in March 2016, with the sud-
den announcement that SeaWorld would volun-
tarily end its orca breeding program (Allen, 2016).
This corporate policy change made opposing AB
2140/2305 moot. SeaWorld withdrew its applica-
tion for a CCC permit (and its lawsuit against the
CCC) soon after (Weisberg, 2016).
Bills similar to AB 2140/2305 were introduced
in other states, although they did not progress.
In New York, Senate Bill 6613 was introduced,
which would prohibit the keeping of orcas in
facilities in New York State.19 In the state of Wash-
ington, Senate Bill 5666-2015-16 and House Bill
2115-2015-16 would prohibit the keeping of any
cetacean.20,21 A federal bill, the Orca Responsi-
bility and Care Advancement (ORCA) Act, was
introduced in November 2015 by Representatives
Adam Schiff (D-California) and Jared Huffman
(D-California), along with several cosponsors.22
The bill did not progress, but was reintroduced
by Schiff in March 2017.23 This bill would result
in a phase out of captive orca display in facilities
throughout the US.
In Canada, the Vancouver Park Board voted to
pass a bylaw in March 2017 that would end the
public display of cetaceans at Vancouver Aquar-
ium (Slattery, 2017). This bylaw was ruled invalid
due to licensing violations by the British Colum-
bia Supreme Court in February 2018, but a month
earlier the Vancouver Aquarium announced vol-
untarily that it would no longer display cetaceans
after the last one, a Pacific white-sided dolphin,
currently displayed dies (Eagland, 2018). The
Aquarium noted that, although it would not with-
draw its lawsuit, whatever the court eventually
the National Marine Fisheries Service received
approximately 9,000 comments, most opposing
the permit. The agency denied the permit based on
substantive legal and scientific grounds in 2013;
however, it is arguable that the political climate
created by the Blackfish Effect influenced the deci-
sion, making the likely legal challenge the permit
applicant would file of less concern to the agency.
Indeed, this was the first time the agency had denied
a public display permit in the 40-year history of the
MMPA—permits were always issued in the past,
some of dubious legality, as lawsuits filed by oppo-
nents of captive cetacean display (successfully and
unsuccessfully) attest.14 Georgia Aquarium did
challenge the denial in court, but it was upheld and
the aquarium chose not to appeal.15
Legislative and Regulatory Initiatives16
In February 2014, Assembly Member Richard
Bloom introduced California Assembly Bill (AB)
2140. This bill would have made it illegal to “hold
in captivity, or use, a wild-caught or captive-bred
orca for performance or entertainment purposes.”17
The bill was heard by the relevant committee in
April 2014, but there was no vote and no further
action was taken in that legislative session.
Bloom reintroduced the bill as AB 2305 in
March 2016. The legislation eventually passed both
houses of the state legislature as part of a budget
trailer bill.18 The “Orca Protection Act” was signed
by California’s governor in September 2016 and
became state law in January 2017. SeaWorld vigor-
ously opposed the bill in 2014, but adopted a neu-
tral position in 2016 (this neutrality may have been
instrumental in the bill’s passage). The company’s
position on this legislation likely changed due to a
chain of events that followed from its “Blue World”
initiative in 2015.
In April 2015, SeaWorld San Diego applied for
a permit from the California Coastal Commission
(CCC) to build “Blue World,” a significant expan-
sion of its existing Shamu Stadium (California
Coastal Commission, 2015). The CCC held a hear-
ing and vote on the permit application on October 8,
2015. The vote was unanimous to issue the permit,
but with the following conditions: SeaWorld would
have to end its orca breeding program in San Diego;
no orcas could be transferred into or out of the
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78 PARSONS AND ROSE
research projects through the National Fish and
Wildlife Federation (SeaWorld, 2017c). SeaWorld
had been criticized for its lack of funding towards
free-ranging cetacean conservation and research,
other than its active participation in stranding net-
works and the rehabilitation of stranded marine
mammals.27 In particular, it had been criticized for
its lack of funding directed toward the protection of
endangered populations of free-ranging orcas (e.g.,
Hodgins, 2014), making this a major shift for the
company.
Within 2 days of this announcement, SeaWorld’s
stock went up by 9.5% in 1 day (Fry, 2016). Nev-
ertheless, SeaWorld has continued to suffer finan-
cially, as noted above, reporting a $30 million
decline in revenue in 2016 when compared to 2015,
and 471,000 fewer visitors over the same time frame
(SeaWorld, 2017d). During the first 9 months of
2017, the company reported a decline in revenue of
$78.9 million, compared to the same period in 2016,
and there were approximately 1.1 million fewer
visitors in the first 9 months of 2017 compared
to the first 9 months of 2016 (SeaWorld, 2017e).
SeaWorld has gone from a thriving company to
one in decline. Its valuation has been cut by almost
half (top share price was approximately $39 in
2013; it was approximately $21.50 in July 2018).
SeaWorld insists its orcas will remain at its parks,28
but it may have no choice but to consider retiring
them to seaside sanctuaries in the near future.
Seaside Sanctuaries
Sea pen facilities housing captive cetaceans
for tourism purposes exist globally.29 These facili-
ties are typically sited and designed to maximize
tourism accessibility and are often similar in size to
concrete-tank facilities (personal observation). Sea-
side sanctuaries would apply engineering principles
pioneered in these tourism facilities and elements
related to animal care and public outreach (e.g.,
veterinary and employee support facilities, visitor
and education centers) would be similar, but they
would eliminate the need to consider tourism expe-
rience when determining location and husbandry
practices. They would also not breed the animals,
to avoid producing more animals needing captive
care. Seaside sanctuaries would be sited where con-
ditions are suitable for the species to be held, would
ruled would not affect this decision. The Canadian
Parliament in Ottawa is considering bill S-203,
which would prohibit the display of cetaceans.24
Mexico is also considering legislation that would
limit reproduction of cetaceans; the country already
prohibits import, export, and capture from the wild
(“Mexico’s Lower House,” 2017). Mexico City has
declared itself to be dolphinarium-free (meaning
the one dolphin facility within the city limits will
close) (“Mexico City Is First,” 2017), as has the
city of Barcelona, which will close its zoo’s dol-
phin exhibit by 2019 (“Barcelona Trasladará Los
Delfines,” 2016).
Satire
Keeping orcas in captivity eventually became
the target of satirists, another manifestation of the
Blackfish Effect. SeaWorld had already faced con-
siderable lampooning from, for example, The Onion
(2013a, 2013b), the popular comedy/satire maga-
zine. However, after Blackfish’s debut on CNN,
this escalated (The Onion, 2015a, 2015b, 2015c,
2015d, 2017). Political comedian Stephen Colbert
also joked about SeaWorld on his eponymous show
The Colbert Report, and the controversy was also
featured on The Daily Show with Jon Stewart. The
lampooning did not abate, and more recent exam-
ples include The Daily Show with Trevor Noah25
and Last Week Tonight With John Oliver.26 When
a company or practice becomes a widespread, per-
sistent object of ridicule in popular culture, par-
ticularly through online dissemination, its image
becomes shaped by it, compounding financial and
other impacts (Veil, Petrun, & Roberts, 2012).
SeaWorld’s Ultimate Response to Blackfish
SeaWorld’s new policy of no orca breeding (Sea-
World, 2017a) was company-wide and affected the
20-plus whales in its three US parks. SeaWorld also
pledged that it would change the orca shows and
facilities to provide “more natural looking habitats,
and with a focus on the whales’ natural behaviors”
and “with an added emphasis on education and
conservation” (SeaWorld, 2017a). Moreover, Sea-
World announced that it would be dedicating $50
million in funding to marine conservation proj-
ects (SeaWorld, 2017b) and $1.5 million to in situ
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THE BLACKFISH EFFECT 79
general public no longer views keeping cetaceans
in captivity for tourism purposes as acceptable35
(Naylor & Parsons, 2018).
Biographical Notes
Chris Parsons has been involved in whale and dolphin
research for over two decades and has been involved in proj-
ects on every continent. Dr. Parsons has been an Associate
Professor at George Mason University and was the Director
and developer of their undergraduate program in environ-
mental science. He is a member of the Scientific Committee
of the International Whaling Commission (IWC), has been
involved in organizing four of the International Marine Con-
servation Congresses (IMCC) (the world’s largest academic
marine conservation conference), and two of the Interna-
tional Congresses for Conservation Biology. He was a Gov-
ernor of the Society for Conservation Biology (SCB) for
nearly a decade and also served two terms as the president
of the SCB Marine Section. He was also on the Board of
Directors of the American Cetacean Society and is currently
on the Boards of the Society for Marine Mammalogy and the
SCB Conservation Marketing Working Group. In addition,
Dr. Parsons has published over 150 scientific articles and
book chapters and has written a textbook on marine mam-
mal biology and conservation and coedited a book on marine
wildlife conflict resolution.
Naomi Rose is the marine mammal scientist for the Animal
Welfare Institute in Washington, DC. She works addressing
problems associated with cetacean capture, trade, and cap-
tivity, both in the US and abroad. She has been a member
of the International Whaling Commission (IWC) Scientific
Committee since 2000, where she participates in the sub-
committees on environmental concerns and whale watching.
She has authored or coauthored over 35 scientific articles
and authored numerous articles for animal protection publi-
cations, as well as chapters in several books. She guest lec-
tures for three universities and speaks at and participates in
various conferences, workshops, meetings, and task forces
at the international, national, and state level. She has testi-
fied before the US Congress four times and at several state
legislative and federal regulatory hearings. She received a
Ph.D. in biology from the University of California at Santa
Cruz in 1992, where her dissertation examined the social
dynamics of wild orcas. She has worked in the marine mam-
mal advocacy field for over 25 years.
Notes
1Tilikum died on 6 January 2017, almost 7 years after
killing Dawn Brancheau (Pedicini, 2017). He was approxi-
mately 36 years of age.
2In contrast, there have been no substantiated reports of
free-ranging orcas ever killing a human being (see e.g., Hoyt,
1984). This, as well as the infrequency of reported human
injuries inflicted by free-ranging orcas (see footnote 4),
have limited public access, and would have a far
larger surface area and be far deeper (thus, be far
larger in volume) than any existing sea pen facility,
given that visibility of the animals to tourists is not
a priority. The goal of a wildlife sanctuary (for any
species, marine or terrestrial) is to provide the resi-
dent animals with conditions as close to natural as
possible.30 No seaside sanctuaries currently exist,
but several are in development.31
For many captive wildlife species rescued from
circumstances deemed unsuitable by authorities
or experts (e.g., circus animals, wildlife in trade),
being released into the wild is not an option, due
to captive birth, long tenure in captivity, permanent
disability, or removal from the wild at an early age
before independence (see e.g., Kolter & van Dijk,
2005). As a common alternative to euthanasia,
wildlife sanctuaries have been established for such
unreleasable individuals of several terrestrial spe-
cies (e.g., Wildlife Rescue & Rehabilitation, 2015).
Many—and indeed, most—captive cetaceans are
equally unsuitable for release, making their place-
ment in sanctuaries a logical alternative but cur-
rently impossible due to the lack of such facilities.
When seaside sanctuaries become operational, the
residents would still be in captivity, but their condi-
tions would be closer to natural than in presently
existing tourism facilities.
A Paradigm Shift?
A societal paradigm shift appears to be happen-
ing with regard to captive cetaceans. In June 2016,
the National Aquarium in Baltimore announced
that it would close its dolphin exhibit and build a sea-
side sanctuary (potentially in Florida or the Carib-
bean), where it would “retire” its eight dolphins by
202032 (Racanelli, 2016). In May 2016, Munchkin
Inc. (a baby product company) announced a pub-
lic interest campaign promoting the end of captive
orca display, with the CEO pledging $1 million to
a retirement “sanctuary” for captive orcas.33 Global
tourism companies such as Virgin Holidays and
TripAdvisor have decided to alter or restrict their
partnerships with captive cetacean suppliers.34
For decades, the public display of cetaceans
has been accepted as a tool for education, con-
servation, and research, but the Blackfish Effect
has turned the tide: A growing proportion of the
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80 PARSONS AND ROSE
14See, for example, Jones v. Gordon, 792 F.2d 821 (9th
Cir. 1986) (enjoining SeaWorld from collecting killer whales
under a permit that had been issued without the preparation
of an environmental impact statement); Animal Protection
Institute of America v. Mosbacher, 799 F. Supp. 173 (D.D.C.
1992) (upholding the issuance of import permits to Shedd
Aquarium for cetaceans from Japan and Canada).
15Georgia Aquarium, Inc. v. Pritzker, 135 F. Supp. 3d 1280
(D.C., ND Georgia 2015).
16One of the authors (Rose) was materially involved in
several of these legislative and regulatory initiatives in her
capacity as an employee of a nonprofit animal charity. She
did not initiate any of them, but was directly consulted by
legislators and regulators, assisted in drafting language, and
testified at hearings.
17The original language of AB 2140 can be found at http://
leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_
id=201320140AB2140
18The final language of the bill that the governor of Cali-
fornia signed can be found at http://leginfo.legislature.ca.gov/
faces/billNavClient.xhtml?bill_id=201520160AB1453
19For the text of the bill, see https://www.nysenate.gov/
legislation/bills/2013/s6613/amendment/original
20See http://app.leg.wa.gov/billsummary?billNumber=
5666&Year=2015
21The bill, subsequently restricted only to orcas, was rein-
troduced in 2018 as Senate Bill 6099, http://app.leg.wa.gov/
billsummary?BillNumber=6099&Year=2017, and passed
out of committee in February.
22For the text of the bill, see https://www.congress.gov/
bill/114th-congress/housebill/4019/text
23See https://www.congress.gov/bill/115th-congress/house-
bill/1584
24See https://openparliament.ca/bills/42-1/S-203/
25See http://www.cc.com/video-clips/ebp0j3/the-daily-
show- with-trevor-noah-it-s-timeto-free-jeb-bush
26See https://www.youtube.com/watch?v=Tloss7UKUaw
&feature=youtu.be and https://www.youtube.com/watch?v=
XEVlyP4_11M&feature=youtu.be&t=6m39s
27See http://www.nmfs.noaa.gov/pr/health/report.htm
28See https://sea worldcares.com/2016/03/Why-Sea-Cages-
Are-Dangerous/
29See, e.g., http://www.ammpa.org/ourmembers.html
30See, e.g., http://www.whalesanctuaryproject.org
31See https://awionline.org/sites/default/files/uploads/docu
ments/ML-Rose-Seaside-Sanctuaries-DFE.pdf
32Now seven dolphins, as one dolphin has subsequently
died; see http://baltimore.cbslocal.com/2017/02/28/nani-
national-aquariums-eldest-dolphin-dies-at-44/
33See http://www.whalesanctuaryproject.org
34See https://www.virginholidays.co.uk/cetaceans and http://
ir.tripadvisor.com/news-releases/news-release-details/trip
advisor-announcescommitment-improve-wildlife-welfare
35See, for example, poll results at https://awionline.org/sites/
default/files/press-release/ML-AWI-WDC-OrcaPoll-2014.
pdf (orcas); https://awionline.org/sites/default/files/press-
release/AWI-ML-Lake-Research-Public-Memo-Dolphinaris-
Scottsdale-103116.pdf (dolphin swim-with attractions).
may be due to the general lack of close contact between
human swimmers and free-ranging orcas (with some excep-
tions, such as in Norway, where tourists, to date without
injurious incident, swim with free-ranging orcas—see
http://www.whaleswim.com/swim-with-orca-whales-in-
norway/), compared to the routine close contact (particu-
larly in water, known as “waterwork”) between trainers
and their captive charges prior to Dawn Brancheau’s death.
However, the hypothesis that orcas are influenced to behave
differently in captivity cannot be dismissed (see e.g., Jett,
Visser, Ventre, Waltz, & Loch, 2017, which describes ste-
reotypies in captive orcas that result in commonly observed
injury to the animals’ teeth, injury not routinely observed
in the wild).
3A nonexhaustive list of examples of such behaviors
include lunging out of the water at trainers standing on the
deck; mouthing (no actual contact or injury from teeth) or
raking (dragging teeth across skin, causing minor to serious
bleeding) trainer extremities; bumping into trainers in the
water with various body parts (lightly to powerfully enough
to break bones); and indeed any behavior not directed by the
trainer that required the trainer, on deck or in the water, to
move quickly in an attempt (successful or unsuccessful) to
avoid contact.
4There have been less than a handful of reports of minor
human injuries in the wild (Associated Press, 1996, 2005).
5SeaWorld of Florida, LLC, 24 BNA OSHC 1303 (No.
12–1375, 2012) (ALJ)
6SeaWorld of Florida, LLC v. Perez, 748 F.3d 1202 (D.C.
Cir. 2014)
7See http://ac360.blogs.cnn.com/2012/06/01/debate-over-
killer-whales-in-seaworld/ for Anderson Cooper and http://
www.cc.com/video-clips/lx3hyu/the-daily-show-with-jon-
stewart-exclusive---john-hargrove-extended-interview for the
Daily Show.
8For transcripts of the debate, see http://transcripts.cnn.
com/TRANSCRIPTS/1310/24/cfr.01.html and for clips, see
https://www.youtube.com/watch?v=9MbgLBoPGjA
9See http://da15bdaf715461308003-0c725c907c2d63706
8751776aeee5fbf.r7.cf1.rackcdn.com/adf36e5c35b842f5ae
4e2322841e8933_4-4-14-updated-final-of-blacklist-list-of-
inaccuracies-and-misleading-points.pdf
10See http://www.westcoast.fisheries.noaa.gov/protected_
species/marine_mammals/killer_whale/esa_status.html and
http://www.dfo-mpo.gc.ca/species-especes/profiles-profils/
killerWhaleNorth-PAC-NE-epaulardnord-eng.html
11See Anderson v. SeaWorld Parks and Entertainment,
Inc., No. 15-cv-02172-JSW, 2016 WL 4076097, n. 1 (N.D.
Cal. Aug. 1, 2016), which states “[t]he other three cases were
consolidated and were pending in the United States District
Court for the Southern District of California as Hall v. Sea-
World Entertainment, Inc., No. 3:15-CV-660-CAB-RBB
(the ‘Hall litigation’).” The Hall case was dismissed in May
2016; an appeal was filed and is pending.
12Baker v. SeaWorld Entertainment, Inc., No. 3:14-cv-
02129-MMA-AGS (S.D. Cal., filed Sept. 9, 2014).
13See http://www.nmfs.noaa.gov/pr/permits/georgia_aqua
rium_belugas.htm
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THE BLACKFISH EFFECT 81
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... Cetacean welfare in zoos and aquariums has been under public scrutiny for some time; however, over the last 10 years, with the rise of social media and the production of two influential documentaries: The Cove and Blackfish, members of the public have begun to more earnestly question the ethics of cetaceans in professional care [5,6]. This is despite the improvement in care seen over the last few decades preceding the release of the aforementioned documentaries [5,[7][8][9]. ...
... It is true that facilities exist all over the world with net pen-like housing. What is said to distinguish a cetacean "sanctuary" from a sea pen by GFAS standards is a set of ethics that includes a strict policy of nobreeding, a deemphasis on the public's exposure to the animals, expansive enclosures, a reduced focus on financial gain, and in some cases, a reduction in training/human-animal interaction (see Section 1.2 Standards of a Sanctuary for expansive discussion) [5,6,11,12]. These distinctions are important because they will have welfare consequences moving forward. ...
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Simple Summary Sanctuary is a term with implicit meaning associated with refuge and safety. In the animal husbandry setting, we have used this term to describe many different types of enclosures, with very little standardization of what this term should mean in terms of physical space, much less welfare in a broad sense. Here, I consider how extreme space, the deemphasis of the human–cetacean relationship, breeding restrictions, donation-based funding models, and current practices in public messaging create potential challenges for cetacean sanctuaries moving forward. I then offer experimental approaches to assessing the potential effectiveness of cetacean sanctuaries in improving cetacean welfare. To ensure the success of sanctuaries in maximizing animal welfare, it is essential to critically evaluate sanctuary standards against what is currently known about animals under managed care, as well as to determine what data are necessary to fully evaluate animal welfare in sanctuaries before these facilities are constructed. Abstract Housing cetaceans in netted sea pens is not new and is common for many accredited managed-care facilities. Hence, the distinction between sanctuary and sea pen is more about the philosophies of those who run these sanctuary facilities, the effects of these philosophies on the animals’ welfare, and how proponents of these sanctuaries fund the care of these animals. Here, I consider what plans exist for cetacean sanctuaries and discuss the caveats and challenges associated with this form of activist-managed captivity. One goal for stakeholders should be to disregard the emotional connotations of the word “sanctuary” and explore these proposals objectively with the best interest of the animals in mind. Another focus should be related to gauging the public’s understanding of proposed welfare benefits to determine if long-term supporters of donation-based sanctuary models will likely see their expectations met as NGOs and their government partners consider moving forward with cetacean sanctuary experiments.
... In this context, the rise of social media, combined with the release of influential documentaries such as The Cove and Blackfish, has fueled the growth of anti-captivity activism based on philosophical perspectives. This movement has significantly shaped public opinion, prompting increased scrutiny and debate over the ethical implications of maintaining cetaceans in professional care [2,[5][6][7]. ...
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The SEA LIFE Trust Beluga Whale Sanctuary (BWS) has been in operation for over five years and serves as a unique case study to evaluate the effectiveness of marine sanctuaries for cetaceans. While cetacean sanctuaries are often regarded as a middle-ground solution between captivity and release, evidence from the BWS highlights complexities in adapting cetaceans to these environments. Despite initial assumptions that natural conditions would inherently improve welfare, the belugas at the BWS spent the majority of the operational period (92.6%) in a conventional indoor pool, due to health and welfare concerns. Repeated delays, challenges in acclimatization, and distress-related conditions observed during periods in the bay suggest that natural environments alone may not guarantee improved welfare. Additionally, the lack of publicly accessible data on health and welfare outcomes hinders comprehensive evaluation of the sanctuary’s success and raises questions about transparency and evidence-based practices. This review underscores the need for refined sanctuary models, improved infrastructure, and structured adaptation programs tailored to species and individual cetaceans. It highlights the importance of robust planning, ongoing research, and transparency to meet the ambitious goals of marine sanctuaries in the best interests of the well-being of cetaceans under human care. These considerations also raise concerns about the decision to relocate captive cetaceans to marine sanctuaries, as the available evidence suggests that such environments may not inherently guarantee better welfare outcomes.
... In this context, the rise of social media, combined with the release of influential documentaries such as The Cove and Blackfish, has fueled the growth of anti-captivity activism based on philosophical perspectives. This movement has significantly shaped public opinion, prompting increased scrutiny and debate over the ethical implications of maintaining cetaceans in professional care [2,[5][6][7]. ...
Preprint
The SEA LIFE Trust Beluga Whale Sanctuary (BWS) has been in operation for over five years and serves as a unique case study to evaluate the effectiveness of marine sanctuaries for cetaceans. While cetacean sanctuaries are often regarded as a middle-ground solution between captivity and release, evidence from the BWS highlights complexities in adapting cetaceans to these environments. Despite initial assumptions that natural conditions would inherently improve welfare, the belugas at BWS spent the majority of the operational period (92.6%) in a conventional indoor pool due to health and welfare concerns. Repeated delays, challenges in acclimatization, and stress-related conditions observed during periods in the bay suggest that natural environments alone may not guarantee improved welfare. Additionally, the lack of publicly accessible data on health and welfare outcomes hinders comprehensive evaluation of the sanctuary’s success and raises questions about transparency and evidence-based practices. This review underscores the need for refined sanctuary models, improved infrastructure, and structured adaptation programs tailored to species and individual cetaceans. It highlights the importance of robust planning, ongoing research, and transparency to meet the ambitious goals of marine sanctuaries in the best interest of well-being of cetaceans under human care. These considerations also raise concerns about the decision to relocate captive cetaceans to marine sanctuaries, as the available evidence suggests that such environments may not inherently guarantee better welfare outcomes.
... Betting on horseracing and attendance at racetracks in various countries [15][16][17] Fox hunting in the United Kingdom [18] Equestrianism in the Olympic Modern Pentathlon [19] Horse racing in the United States [20] Greyhound racing in the Australian Capital Territory [21] Keeping of cetaceans in captivity [22] The use of wild animals in circuses in the United Kingdom [23] These changes, which reflect both increases in scientific knowledge surrounding animal welfare and evolution of ethical belief systems [24], were all associated with a growing sense of unease with the status quo and/or an incident or incidents that galvanised public sentiment [25][26][27][28][29][30][31][32]. In this context, if not handled well, the events surrounding the 2023 Grand National could herald substantial changes to jump racing's regulatory environment. ...
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Simple Summary The Grand National is one of the world’s most famous steeplechase races. In 2023, the start of the race was delayed, as an animal rights group protested about the race by gaining access to the course. When the race eventually took place, several horses fell, with one sustaining a fatal injury. The ensuing commentary from racing afficionados and animal activists alike laid bare some of the fundamental issues surrounding the sport. This event highlights how the racing industry is increasingly subject to public pressure around the safety and welfare of horses. Public acceptance of activities such as racing is known as “social licence to operate” (SLO) and, as societies and cultures evolve, so too does the concept of social licence; for example, the SLO around circus animals has largely been “lost”, while zoos have managed to maintain their SLO through shifting their focus towards education and the conservation of wild animals. Following the 2023 Grand National, pro- and anti-racing groups shared their views on a variety of media platforms. In this commentary, we consider how the narratives presented might shape the future of the racing industry. Abstract The 2023 Grand National steeplechase race was delayed when protesters from the animal rights group, ‘Animal Rising’, gained access to the course just prior to the race. The international media spotlight was focused on what is already a high-profile event and the social licence of both this race and racing in general was scrutinised. Both at the time and for several days afterwards, the general public was exposed to two different narratives from pro- and anti-racing communities. This paper discusses these perspectives and the potential impact on the general public’s relationship with racing. Whilst well-meaning and aiming to promote racing, much of the racing industry’s commentary inadvertently risked damaging its reputation due to a poor understanding of social licence principles. We explore the reasons for these two groups’ alternative perspectives on welfare and suggest considerations for change. Ultimately, if ‘the people’s race’ is to maintain its social licence, the racing community needs to both understand and embrace the concept. Welcoming independent opinions, engaging with different viewpoints, accepting that change is inevitable and, most importantly, being proactive in making changes to prioritise equine welfare will all help racing to move towards greater public acceptance.
... The social opportunity to change was evident in the stakeholders' confidence that educating people about sharks would change their perceptions. Studies have linked greater knowledge of sharks and careful messaging to more positive attitudes and behaviours towards sharks and their conservation [21,1,47,48]. A public awareness campaign focused on the behaviour and ecology of sharks, backed by relevant, local research following a series of shark bites, reduced public outcry in Hawaii and changed the state's support of shark hunts [25,14,9]. ...
... The documentary proved extremely popular and prompted public calls for a ban on captivity and the release of captive cetaceans. SeaWorld, in particular, became the target of many of the social media campaigns critical of orca captivity inspired by the film (Parsons & Rose, 2018;Rowley & Johnson, 2018). ...
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This article focuses on practical, ethical and political issues that arise in the context of cetacean conservation. Our point of departure is the controversy surrounding plans to assist J50, an ailing member of the southern resident orca population, during the summer of 2018. A brief history of cetacean captivity provides context for the current backlash against captivity. We then argue that, in many cases, interventions aimed at capture, rehabilitation and release are practically feasible and that such interventions are ethically justifiable. Moreover, the political context highlights the importance of engaging a broad range of stakeholders in conservation decision making.
... Such series potentially reach new audiences and raise awareness about conservation work that is not always visible to day-visitors. Conversely, documentary-dramas such as Tiger King (Imagine Entertainment, 2020) and Black Fish (Cowperth, 2013) may counter gains in positive reputation (Bennett and Johnson, 2021;Boissat et al., 2021;Parsons and Rose, 2018). ...
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Zoos and aquaria were founded in a world fundamentally different from today, and yet, the need for such conservation organisations could not be stronger. We are currently in a climate and biodiversity crisis, with unprecedented species loss, exacerbated by human actions. The mission of many conservation zoos is to prevent such extinctions through integrated species conservation actions. The role of zoos has historically been categorised as fitting within the four pillars of conservation, education, research, and recreation. These 'pillars' no longer align with present day conservation zoos which provide a vast spectrum of services for species and society. However, in the absence of a new model, the value of zoos has been underestimated and under-supported. We propose a new model and assessment framework for viewing conservation zoos, with the zoo at the centre of a web of conservation and societal activities. We acknowledge zoos' potential as conservation hubs able to provide advice and skills to communities and policy makers. We also reflect on the criticisms and conservation challenges faced by zoos which may prevent them fulfilling their full potential and how these might impact their future role.
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Conservation of biodiversity is above all else an exercise in human persuasion. Human behavior drives all substantive threats to biodiversity; therefore, influencing it is the only path to mitigating the current extinction crisis. We review the literature across three different axes to highlight current evidence on influencing human behavior for conservation. First, we look at behavioral interventions to mitigate different threats, from pollution and climate change to invasive species and human disturbance. Next, we examine interventions focused on different stakeholders, from voters, investors, and environmental managers to consumers, producers, and extractors. Finally, we review delivery channels, ranging from mass and social media to interventions involving changes to the physical environment or carried out in person. We highlight key gaps, including the lack of scale and robust impact evaluation of most interventions, and the need to prioritize behaviors, overcome the reproducibility crisis, and deal with inequality when designing and implementing behavior change interventions.
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Este ebook é mais um produto de extensão cultural do Laboratório de Biologia da Conservação de Mamíferos Aquáticos do Instituto Oceanográfico da Universidade de São Paulo. É uma produção independente que atende aos anseios da Década da Ciência Oceânica para o Desenvolvimento Sustentável (2021 – 2030), declarada pela Organização das Nações Unidas, cujas perspectivas visam à mobilização de recursos e inovação tecnológica em ciência oceânica para entregar à sociedade um oceano limpo, saudável e resiliente, previsível, seguro, produtivo e explotado sustentavelmente, e com acesso aberto aos dados, informações e tecnologias. A obra apresenta respostas às 42 perguntas mais comuns sobre baleias e suas diferenças com os golfinhos, em uma linguagem descontraída e está recheado de ilustrações e de fotografias. Isso porque, segundo os cientistas, Cetáceos é um termo que engloba, de uma maneira geral e por força de uso popular, as “baleias” e os “golfinhos”. Esse produto visa atender ao público jovem e adulto, às professoras e aos professores de todos os níveis de ensino, à classe profissional de jornalistas, aos amantes do mar que desfrutam do mesmo por meio da prática de esportes e de inúmeras atividades de lazer, e a quem tem apreço e curiosidade sobre os cetáceos.
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Data collected on life-history parameters of known-age animals from the northern (NR) and southern resident (SR) killer whales (Orcinus orca) of the eastern North Pacific were compared with life-history traits of killer whales located at SeaWorld (SEA) facilities. For captive-born SEA animals, mean age and body length at 1st estrus was 7.5 years and 483.7 cm, respectively. Estimated mean age at 1st conception was different (P < 0.001) for the combined data from both northern and southern resident (NSR) free-ranging populations (12.1 years) compared to SEA (9.8 years), as was the estimated mean age at 1st observed calf (SEA: 11.1 years, NSR: 14.2 years, P < 0.001). Average calf survival rate to 2 years of age for SEA animals (0.966) was significantly greater (P = 0.04) than that for SR (0.799). Annual survival rate (ASR) for SEA increased over approximately 15-year increments with rates in the most recent period (2000–2015 ASR: 0.976) improved (P < 0.05) over the first 2 periods of captivity (1965–1985: 0.906; 1985–2000:0.941). The SR (0.966) and NR ASR (0.977) were higher (P ≤ 0.05) than that of SEA until 2000, after which there were no inter-population differences. Based on ASR, median and average life expectancy were 28.8 and 41.6 years (SEA: 2000–2015), 20.1 and 29.0 years (SR), and 29.3 and 42.3 years (NR), respectively. The ASR for animals born at SEA (0.979) was higher (P = 0.02) than that of wild-caught SEA animals (0.944) with a median and average life expectancy of 33.1 and 47.7 years, respectively. These data present evidence for similar life-history parameters of free-ranging and captive killer whale populations and the reproductive potential and survivorship patterns established herein have application for use in future research concerning the overall health of both populations.
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This study examines the confounding nature of an online reputation threat and argues that in certain cases, and specifically in the case of parody, responding to a reputation threat can be more damaging than ignoring the issue. Analysis suggests that understanding the process by which information goes viral and the unique attribute of humor in perpetuating the spread of information online can prevent organizations from making inappropriate reputation management decisions. Finally, this study calls for organizations to actively engage in the discussion that is already creating their reputation online.
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In 2015, an international online survey was conducted to investigate public attitudes on keeping cetaceans in captivity ( N = 858). Respondents were significantly ( p < 0.001) more likely to be opposed to displaying dolphins and whales in marine theme parks and aquariums (opposed to captive display: 54.4%; support captive display: 45.5%). Only 5% of respondents from the US stated they "strongly support" (with 33.3% "support") keeping dolphins and whales in marine theme parks and aquariums, while 21% of participants from India did so (43.4% "support"). Participants that support cetaceans in captivity were significantly more likely to believe cetacean conservation is not important. Six times as many respondents (or 86%) preferred to view cetaceans in the wild via whale watching (61% preferring boat based, 25% land based) versus in captivity. Respondents from the US were less likely to prefer watching cetaceans in a marine theme park (9%) than those from India (26%). Almost 80% of respondents objected to capturing free-ranging dolphins and whales for display in zoos and aquariums. Only 19% of respondents indicated approval for dolphins performing shows involving tricks for human enjoyment, while 85% supported keeping dolphins in captivity when they are sick or injured. Eighty percent supported captive research that benefited conservation of free-ranging populations, dropping to 60% when the research supported the development of captive husbandry methods. Seventy percent of participants were opposed to keeping cetaceans in concrete tanks, versus 53% who were opposed to sea pen enclosures as well. Respondents who believed dolphin and whale conservation was not important were significantly more likely to oppose keeping captive dolphins for research benefiting conservation in the wild. Moreover, respondents who felt dolphin and whale conservation was only "slightly important" were significantly more like to support keeping captive cetaceans for entertainment purposes.
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Killer whales (Orcinus orca) were first placed into captivity in 1961 and are now found in theme parks around the world. Despite successful breeding of captive killer whales since 1985 there is growing concern for their welfare in captivity, which often includes claims of poor survival. We employed Kaplan-Meier and Cox Proportional hazards models and annual survival rate analyses on 201 captive killer whales to discern how sex, facility (U.S. vs. foreign), captive-born vs. wild-captured, pre- vs. post-1 January 1985, and animal age upon entering captivity affect survival. Overall median survival estimate was 6.1 yr, with no difference between male and female survival. Killer whales in U.S. facilities (12.0 yr) demonstrated a significantly higher median survival than those in foreign facilities (4.4 yr), as did whales entering captivity post-1 January 1985 (11.8 yr) vs. those entering prior to 1 January 1985 (3.9 yr). Median survival for captive-born (14.1 yr) was significantly higher than wild-captured killer whales (5.5 yr), though the two failed to differ among the post-1 January 1985 cohort. Facility location and pre- vs. post-1 January 1985 were predictors of the hazard rate. Survival of captive killer whale cohorts has generally improved through time, although survival to age milestones are poor when compared to wild killer whales.
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This essay argues that humans have not fully understood the cognitive and affective capacities of dolphins, and that we have mistakenly defended as morally acceptable practices that actually harm dolphins. In particular, this essay argues that the current use of hundreds of captive dolphins by Sea World and similar facilities in the entertainment industry is ethically indefensible. Focusing primarily on critical differences between humans and dolphins, this essay argues that central concepts like intelligence and language (which have played a critical role in discussions about whether dolphins have moral standing) should be seen as species-specific, not universal notions. As a result, there are insufficient grounds to make the traditional claim that dolphins' cognitive capacities place them on a significantly lower spot in the moral hierarchy than humans. This paper also claims that the full development of dolphin personalities may depend on the richness of social interaction that is common in the life of a dolphin in the wild. Consequently, dolphins can probably experience a greater degree of emotional pain or deprivation in captivity than has traditionally been thought.
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In February 2010, a SeaWorld trainer was killed by a killer whale (Orcinus orca). The particular killer whale involved has been involved in three of the four human deaths attributed to killer whales in captivity. A second trainer had been killed just 9 weeks earlier by a SeaWorld killer whale on loan to a facility in the Canary Islands. As a result of the most recent incident, the US Occupational Safety and Health Administration cited SeaWorld in August 2010 for a willful violation of the US Occupational Safety and Health Act, because of the potential and specific dangers the agency considered killer whales to pose to trainers. SeaWorld appealed the citation, which went to court in September/November 2011. In addition, the controversy over holding killer whales in captivity led the US House of Representatives Subcommittee on Insular Affairs, Oceans and Wildlife to hold an oversight hearing in April 2010.