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SeaWorld suit alleges California commission overreached in banning captive orca breeding

SeaWorld Parks & Entertainment filled a challenge Tuesday to the California Coastal Commission’s condition, tied to an approval for the company to expand the killer whale exhibits, to ban Orca breeding in San Diego.

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The ruling, made at the commission’s meeting in Long Beach last fall, was a blow to SeaWorld and a stunning victory for animal-rights activists who have blasted the park’s treatment of whales.


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The commission, which oversees development along California’s coast, only had jurisdiction to approve or reject construction projects at the park and would effectively end SeaWorld’s popular killer whale shows, the complaint said.


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“SeaWorld’s breeding program complies with those laws and regulations, and the Coastal Commission has no jurisdiction to impose its own requirements as to those matters of federal law”, the suit states.

In a call to NBC7, the commission’s spokeswoman Noaki Schwartz said they “can’t comment directly on lawsuit as we haven’t read it. However, the commission stands by its decision in October to protect killer whales”.

“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, improve the opportunities for scientific research, and enrich the visitor experience”, the lawsuit continues.

SeaWorld also pledged that the facility would not house any orcas taken from the wild after February 12, 2014, nor utilize killer whale genetic material taken from the wild after the same date.

The company has seen revenue drop since the 2013 release of the documentary “Blackfish” that examined how orcas respond to captivity.

The complaint asks the Superior Court to either remove the breeding restrictions or order a new hearing for the development of Blue World.

People for the Ethical Treatment of Animals, which had fought SeaWorld’s tank expansion, issued a statement supporting the California Coastal Commission’s decision.

“It’s clear that the company’s primary intention in pursuing the Blue World Project was to breed more orcas to confine to tanks”, PETA said in a statement.

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“The California Coastal Commission was right to ban orca breeding as a condition of SeaWorld San Diego’s expansion and acted fully within its authority as protector of all resources within the coastal zone”, the statement from PETA says in part. Both the film and the book claim that SeaWorld whales suffered serious health problems and were poorly treated while in captivity.

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