[Congressional Record Volume 160, Number 111 (Wednesday, July 16, 2014)]
[House]
[Pages H6299-H6300]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             ORCA CAPTIVITY

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
California (Mr. Schiff) for 5 minutes.
  Mr. SCHIFF. Mr. Speaker, while the documentary ``Blackfish'' ignited 
a public and passionate debate over whether orcas should be held in 
captivity for the purposes of display and entertainment, as they are at 
Sea World and other parks around the world, marine mammal experts have, 
for decades, been engaged in a longer discussion about the scientific 
value and morality of keeping killer whales in captivity.
  ``Blackfish'' documents the history of the captivity of orcas in the 
United States, focusing on one whale named Tilikum, who figured in the 
deaths of three of his trainers.
  Public displays of animals can engage our children and kindle a 
lifelong interest in and respect for wildlife. They can sometimes add 
to our scientific body of knowledge. Indeed, these are often cited as 
the justifications for keeping animals in captivity. Yet the shows in 
which these animals are displayed often have more in common with a rock 
concert than a scientific exposition, and many believe that the 
psychological and physical harm done to these magnificent animals far 
outweighs any benefits reaped from their display.
  Here are a few facts that call into question the propriety of keeping 
these animals in captivity.
  In the wild, orcas frequently swim 100 miles a day and dive to great 
depths in search of food. In captivity, they are held in tiny, shallow 
concrete pools where they often wallow listlessly when not being asked 
to perform.
  In the wild, the average life expectancy for male orcas is 30, and 
for females it is 50 years; whereas, most captive orcas die before they 
reach the age of 25. Remarkably, a 103-year-old orca was recently 
spotted off the coast of Canada.
  In the wild, dorsal fin collapse is extremely rare, but all adult 
male orcas in captivity have collapsed dorsal fins. Many scientists 
attribute this phenomenon to the condition of their captivity, such as 
repetitive circular swimming patterns, gravitational pull from spending 
the vast majority of the

[[Page H6300]]

time at the surface of the water, and dehydration.
  Marine mammals are some of the most intelligent nonhuman animals on 
Earth. They are highly social and live in matrilineal pods that can be 
as large as 40 individuals. Pod members are interdependent. Pods often 
have their own hunting techniques and communication styles that some 
argue are akin to language or dialect. Orcas in marine parks do not 
live in natural pods, and separation of calves and mothers has been 
documented on multiple occasions.
  In the wild, not a single human death has been attributed to an orca, 
but captive orcas are responsible for numerous injuries and deaths. 
Because of this, the Labor Department's OSHA office has conducted an 
investigation and issued new rules aimed at protecting human trainers 
and handlers of orcas by prohibiting those trainers from getting in 
close contact with the animals during the shows. These rules have 
recently been upheld by the court of appeals.
  Last month, my colleague Jared Huffman and I advanced an amendment to 
require USDA to finalize long-delayed regulations pertaining to the 
captivity of orcas. It is my hope that USDA will do so based on sound 
science and recognition of the harm these animals suffer in captivity, 
and not grounded in an effort to placate the interests of the industry 
that showcases them.
  We cannot be responsible stewards of our natural environment and 
propagate messages about the importance of animal welfare when our 
policies and practices do not reflect our deeply held principles.
  From my own point of view, I believe it is time to phase out killer 
whale captivity. This means no more captive breeding, no more wild 
captures. Orcas held in captivity now should live out their lives in 
their current habitats if they cannot likely survive in the wild. But 
with the death of this generation of captive orcas, we should draw a 
line: no more confinement in tiny tanks; no more forced social 
structures; no more captivity for our entertainment.
  High mortality rates, aberrant behavior among orcas, the consistent 
collapsed dorsal fins, and the tragic deaths of trainers themselves all 
point in the same direction--an end to the forced captivity of these 
majestic creatures.
  Mr. Speaker, while the documentary Blackfish ignited a passionate 
public debate over whether orcas should be held in captivity for the 
purposes of display and entertainment, as they are at Sea World and 
other parks around the world, marine mammal experts have, for decades, 
been engaged in a longer discussion about the scientific value and 
morality of keeping killer whales in captivity.
  Blackfish documents the history of the captivity of orcas in the 
United States, focusing on one whale named Tilikum, who figured in the 
deaths of three of his trainers.
  Public displays of animals can engage our children, and kindle a 
lifelong interest in and respect for wildlife. They can sometimes add 
to our scientific body of knowledge. Indeed, these are often cited as 
justifications for keeping these animals in captivity. Yet the shows in 
which these animals are displayed often have more in common with a rock 
concert than a scientific exposition, and many believe that the 
psychological and physical harm done to these animals far outweighs any 
benefits reaped from their display.
  Here are some very simple facts that call into question the propriety 
of keeping these magnificent animals in captivity:
  In the wild, orcas frequently swim 100 miles in a day and dive to 
great depths in search of food. In captivity, they are held in tiny, 
shallow concrete pools, where they often wallow listlessly when not 
being asked to perform.
  In the wild, the average life expectancy for male orcas is 30, and 
for females is 50, whereas most captive orcas die before they reach the 
age of 25. Remarkably, a 103-year-old orca was recently spotted off the 
coast of Canada.
  In the wild, dorsal fin collapse is extremely rare, but all adult 
male orcas in captivity have collapsed dorsal fins. Many scientists 
attribute this phenomenon to the conditions of their captivity--such as 
repetitive circular swimming patterns, gravitational pull from spending 
the vast majority of the time at the surface of the water, and 
dehydration.
  Marine mammals are some of the most intelligent non-human animals on 
Earth. They are highly social and live in matrilineal pods that can be 
as large as 40 individuals. Pod members are interdependent and pods 
have their own hunting techniques and communication styles that some 
argue are akin to different languages.
  Orcas in marine parks do not live in natural pods, and separations of 
calves and mothers have been documented on multiple occasions. When I 
watched the Blackfish, I was particularly struck by the description of 
a mother's visceral reaction when her calf was taken away from her and 
transported to another park--crying out with long-distance calling 
sounds--noises not heard previously by marine biologists at the park.
  As the film Blackfish documents, several factors lead to severe 
psychological and physical problems for these animals when in 
captivity, and in many instances, can result in premature death--not to 
mention putting the lives of their handlers at risk. In the wild, not a 
single human death has been attributed to an orca, but captive orcas 
are responsible for numerous injuries and deaths. Because of this, the 
Labor Department's Occupational Safety and Health Administration (OSHA) 
conducted an investigation and issued new rules aimed to protect the 
human trainers and handlers of orcas by prohibiting trainers from 
getting in close proximity to the animals during shows. These rules 
were recently upheld by the U.S. Court of Appeals.
  Last month, my colleague Rep. Jared Huffman and I advanced an 
amendment to require USDA to finalize long delayed regulations 
pertaining to the captivity of orcas. It is my hope that USDA will do 
so based on sound science and recognition of the harm these animals 
suffer in captivity, and not grounded in an effort to placate the 
interests of the industry that showcases them. We cannot be responsible 
stewards of our natural environment and propagate messages about the 
importance of animal welfare when our policies and practices do not 
reflect our deeply held principles.
  From my own point of view, I believe it's time to phase out killer 
whale captivity. That means no more captive breeding, no more wild 
captures. Orcas held in captivity now should live out their lives in 
their current habitats, if they cannot likely survive in the wild. But 
with the death of this generation of captive orcas, we should draw a 
line. No more confinement in tiny tanks. No more forced social 
structures. No more captivity for our entertainment.
  High mortality rates, aberrant behavior among orcas, the consistent 
collapsed dorsal fins, and the tragic deaths of the trainers themselves 
all point in the same direction--an end to the forced captivity of 
these majestic creatures.

                          ____________________