Whales and Dolphins, An ABC Report, Gamers for Orcas, TUI, formerly Thomson Holidays, Coffs Harbour Study & Feasibility report is out, Read more about our legislative initiatives in today's Dolphin Outlook, Oceana Update & A Whale of a Week Post!

Cetacean Brains Are More Dynamic Than You Probably Think
An ABC Report show a study that looks at relocating last captive dolphins in NSW to sanctuary in the sea.
A study that will look at whether the last five captive dolphins in New South Wales can be transferred to a sea pen sanctuary has been officially launched, in what could be a globally significant development.

Organisations World Animal Protection and Action for Dolphins have joined forces to test the feasibility of a sea sanctuary for the mammals who call Coffs Harbour's Dolphin Marine Magic tourist park home.

Action for Dolphins advocacy director Jordan Sosnowski said while they would like to see the dolphins return to the ocean, their lifelong captivity was a grave concern.

"The issue is that these dolphins lack the necessary survival skills to be released into the wild, so creating a sea pen sanctuary for them will be creating a humane home in the ocean," she said.

"It will be netted off, it will be a very large area, and the dolphins can forage on the ocean floor, they can feel the ebb and flow of the ocean tide, and hopefully really learn to hunt for fish again."

City harbour considered as location for pens
The study forms part of a negotiated settlement resulting from Action for Dolphins suing Dolphin Marine Magic earlier this year.

Issues of animal welfare, engineering and the financial implications of moving the mammals will be investigated during the study.

One of the two locations being considered for a sanctuary is within the city's harbour.

Ms Sosnowski said that location could mean the dolphins could still be visible to the public.

"We may need that [tourism] aspect as part of it to be able to keep up the running costs and have enough fish to feed the dolphins," she said.

"I think it is possible to create a sanctuary where people could view the dolphins from afar, maybe from walkways, but we definitely don't want people riding on the dolphins or kissing the dolphins or getting in the water with them at all."

Coffs Harbour sea pen could be a world-first
The findings of the feasibility study are likely to be announced by early 2019, and World Animal Protection senior campaign manager Ben Pearson said it could have global implications.
Protestors have previously targeted Dolphin Marine Magic
Protestors have previously targeted Dolphin Marine Magic. Protestors targeted Dolphin Marine Magic last summer for keeping dolphins in captivity. (ABC Coffs Coast: Dom Vukovic)

"Around the world there are dozens of dolphinariums and aquariums which hold dolphins," he said.

"Some of them are starting to look at whether they can move their dolphins to a sanctuary, but there are not many of these things happening.

"So what we're doing in Coffs Harbour — the study we're announcing — is one that will be globally significant."

Mr Pearson has also called for Sea World on the Gold Coast to start investigating the feasibility of a sea sanctuary there.

"We certainly hope that following this announcement they might come forward and tell us what their plans for the future are," he said.

Tourist park open to findings
Moving dolphins to a sea pen would have major implications for Dolphin Marine Magic, which conducts dolphin shows daily.

But the local tourism icon is supporting the study.

"At the end of the day, it's the dolphins' welfare that we have first and foremost, and if the sea pens are a viable proposition, then obviously that will be a good environment for them to go into," managing director Terry Goodall said.

"But a lot of study has to be done both on the dolphins and the very viability of the sea pens in this location."
Signs outside Dolphin Marine Magic outline the rescue and rehabilitation work done on site
Signs outside Dolphin Marine Magic outline the rescue and rehabilitation work done on site. Signs outside Dolphin Marine Magic outline the rescue and rehabilitation work done on site. (ABC Coffs Coast: Melissa Martin).

Mr Goodall said sea pens would not signal the end of the tourist park, which was repositioning its business model.
"If it looks like being the best option for the dolphins, then we will simply have a bit further to run to look after them, because they'll still need looking after," he said.
"We will have to be always looking at the pH of the water, and whether they're getting the right food, if pollution's a problem.

"So we'll still be required to look after those dolphins and we'll just have to see how we can reposition that as part of an educative program for the public."
Dolphins perform during a show at Coffs Harbour's Dolphin Marine Magic
Dolphins perform during a show at Coffs Harbour's Dolphin Marine Magic. (Facebook: Dolphin Marine Magic)
Dolphins are drowning in swordfish drift gillnets, meeting their gruesome ends in these invisible, mile-long “walls of death.” With your support, Oceana campaigners just helped pass a milestone new law in California to phase out destructive swordfish drift gillnets, but it could be four years until we see change. Feel free to help protect dolphins from indiscriminate fishing gear
We know the sustainable solution to save dolphins. We’re pressuring the Pacific Fishery Management Council to approve the use of deep-set buoy gear – which is a proven, sustainable method to catch swordfish – instead of horrific pelagic longlines, as the sustainable alternative to drift gillnets.

We’re committed to ensuring the new California law is fully implemented, and with word that special interests may try to replace drift gillnets with pelagic longlines, we really need you with us.
Advocating for Stronger Laws Across the Country. From California to New York, our legislative team is working to enact stronger laws protecting animals, including dogs left in hot cars and orcas languishing in marine amusement parks. Read more about our legislative initiatives.
Urge TUI to Stop Selling Tickets to SeaWorld. Despite the recent death of Kayla – the 41st orca to die at SeaWorld – TUI is still selling tickets to the marine park. Please join almost 95,000 people in urging the travel provider to stop supporting this cruelty immediately. Every message makes a difference and helps us keep the pressure on.

Protecting Captive Orcas. Phasing Out Orcas in Captivity.


The Animal Legal Defense Fund, along with a coalition of animal protection, environmental, and marine conservation groups, is working to ensure that this generation of captive orcas in Florida is the last.

This legislation would make it illegal to hold orcas in captivity for any purpose (grandfathering those already in captivity in Florida), breed captive orcas, and transport captive orcas into Florida or out of North America, unless provided by federal law or to rehome to sanctuary. Moreover, the legislation would guarantee that those orcas already held in captivity in Florida would only be held for research or rehabilitation purposes and that any public displays must be strictly educational.

Additionally, the legislation would require that orcas held for rehabilitation or research purposes be returned to the wild whenever possible.

Even SeaWorld Orlando’s largest tank is just a glorified swimming pool. For an orca who can swim up to 140 miles a day and dive hundreds of feet deep, life in captivity is extreme confinement. If you’ve ever felt a sense of the great vastness of the ocean, it is truly to chilling to consider the life of a wild orca versus that of one in captivity. An orca in a tank is often compared to a human living in a bathtub.

Over the years, tireless education and advocacy campaigns have shined a light on the terrible cruelty of holding orcas in captivity, including many behavioral markers of extreme stress, physical injury, violence, and lifespans decades shorter than those of wild orcas. The stories of orcas who injure or kill trainers always make the headlines, but the tragedies never shock orca experts.

Everything we know about holding orcas in captivity tells us to expect nothing less from huge, intelligent creatures held in torturous conditions.

Thanks to Representative Jared Moskowitz, a bill was filed for the 2018 legislative session as HB 1305 but was not passed. While there is no stand-alone bill protecting orcas this session, legislators can still add language to related bills.

Companies Can Break a Promise, Not a Law
The past few years have seen incredible, promising change in public opinion. The public knows now more than ever that captive orcas are suffering orcas, and SeaWorld has never been less popular. Changing sentiment coupled with our tenacious legal efforts, and well as those of other organizations, brought about SeaWorld’s historic announcement that it would end captive breeding of orcas and phase out its program forcing the orcas to perform.

To save countless orcas from suffering through a life in captivity, the Animal Legal Defense Fund, along with a coalition of animal protection, environmental, and marine conservation groups are proposing critical legislation that would codify SeaWorld’s promises.

With the death of Tilikum in January 2017, and the continued plight of Lolita, an orca who was captured in 1970 and lives alone in a small tank in Miami, it’s critical that this law be passed now so no additional orcas experience a similar fate.

Get Involved
We need your help to make sure lawmakers know protection for orcas is a priority issue for Floridians! Keep an eye on this page and follow our Facebook page and the Florida Orca Protection Act Facebook page for the latest news!

Contact Your Representative
The Animal Legal Defense Fund is asking Florida residents to contact their representatives in both the Florida House and Senate to demand protection for orcas as a legislative priority.

Click on the action alert below to send a message. After taking action, send your legislators a tweet to make sure they realize Floridians care about orcas! You can use this sample message:

As your constituent and a Floridian, I want to make sure that you are aware of the need for legal protections for orcas in the state. Let’s make this the last generation of orcas kept to suffer a life in captivity. aldf.org/fopa #emptythetanks


Protect Captive Orcas in Florida
If you’ve ever felt a sense of the great vastness of the ocean, it is truly to chilling to consider the life of a wild orca versus that of one in captivity.

While you’re rallying support for this legislation, some fellow Floridians may have some questions.

Be prepared by reviewing these talking points that can help you explain why this legislation is so important.

The legislation is modeled on the California Orca Protection Act. Like the California law, it would make it illegal to:

  • Hold orcas in captivity for any purpose (grandfathering those already in captivity in Florida as of a date TBD);
  • Breed captive orcas; and
  • Transport captive orcas out of Florida, unless provided by federal law or rehome to sanctuary.

Also like the California law, the Florida legislation will require that orcas held for rehabilitation or research purposes be returned to the wild whenever possible; no orca may be used for breeding, performance, or entertainment even if reintroduction to the wild is impossible.

The legislation is uncontroversial: it merely codifies SeaWorld’s corporate policy:

  • SeaWorld announced in November 2015 that it would phase out theatrical orca performances and replace them with “natural orca encounters” that emphasized education and conservation; this shift was to become effective in California in 2017, and in Florida in 2019.
  • SeaWorld announced in March 2016 that it would end captive breeding throughout its facilities.
  • SeaWorld didn’t oppose the California Orca Protection Act because it understood that the law imposed no new obligations on them; however, during the 2017 legislative session, SeaWorld stated it would oppose the Florida Orca Protection Act, taking a position that is inconsistent and hypocritical, casting doubt on commitment to their own corporate policy.

SeaWorld’s lobbyist has insisted that the Florida effort is “offensive” to SeaWorld and might jeopardize the recovery of their stock value, exhibiting a misplaced and illogical concern that codifying corporate policy in another state’s law will harm the company when hypocrisy is the far greater risk.

The California bill enjoyed broad support, as has the proposed Florida legislation:

  • Assemblymember Richard Bloom spearheaded the California effort and the bill passed with bipartisan support in both chambers of the California legislature (as part of an omnibus Public Resources bill).
  • A broad coalition supports the the legislation, including numerous local and national environmental, marine conservation, and animal protection groups, many of which helped pass the California Orca Protection Act.
  • The coalition also includes orca researchers and former orca trainers, many of whom are eager and willing to testify in support of the bill.
  • The Florida Fish and Wildlife Conservation Commission supports legislation, and Florida lawmakers on both sides of the aisle have expressed commitment to sponsoring, co-sponsoring, or supporting it.

SeaWorld is not the only entity in Florida housing orcas.

  • Miami Seaquarium holds captive the solitary orca Lolita, captured from the waters off Puget Sound in 1970 when she was young; she lives without orca companionship in the smallest tank in the nation, smaller even than the federal Animal Welfare Act minimally requires.
  • However, this law will hardly impact the Miami Seaquarium: it has already phased out theatrical performances in favor of educational shows, and Lolita’s advanced age makes her infertile and therefore unaffected by a prohibition on captive breeding.


All orcas suffer severe deprivation in captivity:

  • At best, captive orcas survive only as well as endangered and threatened wild orcas living in degraded habitat. Their survival to age milestones, including sexual maturity and menopause, is poor.
  • Infections are the most common cause of death for captive orcas, likely resulting from immunosuppression caused by chronic stress and possibly exacerbated by poor dental health.
  • Broken and worn teeth from chewing and gnawing on steel gates and concrete walls, as well as tooth “flattening” and “drilling” performed on the orcas for veterinary purposes, subject orcas to stress, pain, and infection; such dental problems are rare among wild orcas.
  • Social isolation, separation from family units, and grossly suboptimal “habitats” (concrete tanks) cause emotional, psychological, and physical distress among captive orcas; incompatibility is common among captive orcas, who behave more aggressively toward each other than they do in the wild; captive females likewise exhibit abnormal behavior toward their calves more frequently than do their wild counterparts.

Don Lichterman
Sunset Corporation of America (SCA)
Sunset TV
Sunset Television Network
Sustainable Action Network (SAN)