SeaWorld says California agency overreached in breeding ban

The commission endorsed the orca tank expansion known as “Blue World”, but in a surprising and serious blow to the park included a ban on breeding at the planned facility and prohibitions on the sale, trade or transfer of the whales.

“The coastal commission has neither the legal jurisdiction nor, accordingly, the expertise, to dictate the care, feeding or breeding of animals held exclusively in captivity under human care”, the suit stated.

“The Coastal Commission process became unhinged”, the lawsuit states.

Even though the California Coastal Commission voted in October to allow SeaWorld’s San Diego location to expand its orca tanks, a plan called Project Blue World that the company has been aggressively promoting for quite a while, SeaWorld still isn’t happy. “All of SeaWorld’s activities with respect to the care, breeding and transportation of orcas occur onshore in the orca pools and not in the marine environment and are specifically governed by federal law”.

People For the Ethical Treatment of Animals, the main group opposing the project, said in a statement Tuesday that the commission was within its rights and made the correct decision.

“The condition forces SeaWorld to either agree to the eventual demise of its lawful and federally regulated orca exhibition, or withdraw the permit application and forego the effort to enhance the orcas’ habitat”, say its attorneys.

Last month when speaking to investors, Chief Executive Officer Joel Manby said even if SeaWorld wins, the previously announced expansion in San Diego may not go forward. “Animal rights activists appeared at the Coastal Commission hearing and vilified SeaWorld in their “testimony”.

SeaWorld’s court filing comes less than a week after a US District judge dismissed a lawsuit filed on behalf of marine park patrons in San Diego, San Antonio and Orlando, Florida, claiming the company defrauded them in describing its treatment of its killer whales.

SeaWorld San Diego will phase out its iconic killer whale show as early as next year.

AWI reiterates its strong support for state legislation proposed by Assemblyman Richard Bloom, who introduced a bill in the California Assembly in 2014 to prohibit the public display and breeding of captive orcas in the state.

Eight of SeaWorld’s 11 orcas are the result of captive breeding, the lawsuit said.

After Unna died from a fungal infection, PETA claimed on Twitter that she was the “38th orca used by SeaWorld to die far short of how long she was expected to live”.