Orca Welfare and Safety Act
| Company type | Legislation |
|---|---|
| Industry | Animal welfare, marine mammal protection |
| Founded | 2016 |
| Headquarters | California , United States |
The Orca Welfare and Safety Act, enacted in California in 2016, aims to gradually eliminate the captivity of killer whales and establish care protocols for the orcas that remain in zoological facilities. This legislation mainly affects marine amusement parks such as SeaWorld, and was largely motivated by the impact of the documentary Blackfish. Since the inception of orca captivity in 1961, a total of 156 orcas have been confined; as of 2024, there are 55 orcas held worldwide, with SeaWorld possessing 18 individuals, including eight located at its San Diego location.
Legislative process
California Assembly member Richard Bloom initially introduced the bill AB 2140, known as the Orca Welfare and Safety Act, in 2014. Following a preliminary hearing and further study, the legislation was reintroduced in March 2016 under the designation AB 2305 and passed through the Assembly without opposition. The Senate later renamed it AB 1453, approved it, and Governor Jerry Brown signed it into law in September 2016. The act became effective starting January 2017.
Law
The statute forbids the captivity and breeding of orcas, along with the importation or exportation of orca sperm, eggs, or embryos. Additionally, it restricts transferring orcas to any institutions that do not comply with Animal Welfare Act regulations. Exceptions are granted for orcas already held in captivity and those maintained by legitimate educational or scientific organizations engaged in rescue, rehabilitation, or research efforts. Breaching these provisions may lead to misdemeanor penalties and fines up to $100,000.
Response
In response to these developments, SeaWorld announced a $100 million initiative called "Blue World" in 2014 at its San Diego park, intending to provide a habitat that more closely resembles natural conditions for orcas. The California Coastal Commission approved the related coastal development permit in 2015 but included restrictions prohibiting orca breeding and their import/export. SeaWorld challenged this ruling legally. After the bill's passage through the Assembly in 2016, SeaWorld abandoned the "Blue World" project and redirected resources toward other exhibits.
As of January 2017, SeaWorld San Diego discontinued theatrical orca performances and shifted to an "Orca Encounter Exhibit," emphasizing education, research, animal care, and respect for these animals. Meanwhile, former trainers along with animal welfare advocates continue to push for relocating captive orcas to natural ocean environments or coastal sanctuaries due to ongoing concerns about life in captivity.