SeaWorld Sues California Regulators Over Orca Breeding Ban

SeaWorld made good on its vow to challenge a California Coastal Commission decision barring the breeding of its killer whales, filing a lawsuit on Tuesday in San Diego demanding a reversal.

The CCC voted unanimously to approve SeaWorld’s proposed Blue World project, conditional on SeaWorld ending the breeding program for its orcas.

Last month, the Florida-based company said it would end theatrical orca shows at its San Diego park after visitors said they prefer seeing killer whales act naturally rather than doing tricks.

The park claims that this condition is unprecedented and more important, illegal since the commission has no jurisdiction over the whales.

Eight of the 11 orcas were bred in captivity, the lawsuit says.

The complaint asks the Superior Court judge to either order the the restrictions be removed or order a new hearing of the development proposal, called “Blue World”, without the restrictions on breeding and transfer, and for the cost of SeaWorld’s attorney fees.

In the lawsuit SeaWorld argues that their orcas are not part of the marine or coastal environment and all of the activities conducted by the park regarding the breeding, transportation and trading the whales occur onshore in the park’s pools which are not part of the marine environment but they are governed by the federal law.

Noaki Schwartz, spokeswoman for the Coastal Commission, said the agency could not comment on the particulars of the lawsuit, but the commission said in a statement that it “stands by its decision in October to protect killer whales”.

The Coastal Commission action in October followed an all-day hearing at a meeting in Long Beach, Calif., attended by hundreds of supporters and critics of the theme park company.

SeaWorld criticises the hearing in its lawsuit, stating: “The Coastal Commission process became unhinged”.

SeaWorld’s expansion plans were protested by activists who say the whales should be retired to coastal sanctuaries instead.

“The [California Coastal Commission’s] jurisdiction over marine mammals is expansive”, said Jared Goodman, animal law director for the People for the Ethical Treatment of Animals, after October’s ruling.

SeaWorld says the restriction would be the death knell for the San Diego park’s orca shows. The group also blasted SeaWorld, saying the objective of the park’s expansion was to “breed more orcas to confine to tanks”.