The suit filed Tuesday in San Diego County Superior Court asserts that the park’s treatment of its whales is subject to federal law and not the decisions of the California Coastal Commission, which must approve major new building developments in coastal cities. In a surprising and serious blow to the park, however, a ban was included on breeding at the planned facility.
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FILE – In this November 30, 2006, file photo, people watch through glass as a killer whale swims by in a display tank at SeaWorld in San Diego.
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SeaWorld called the condition unprecedented and said the agency did not have the authority to make such a ban because its orcas “are not, in any way, part of the coastal or marine environment”. The animal rights group urges SeaWorld to end the captivity of the orcas and to send the whales to coastal sanctuaries where they could enjoy living in an environment which resembles more their natural habitat.
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SeaWorld’s lawsuit says the ban would effectively end its popular killer whale shows.
Noaki Schwartz, spokeswoman for the Coastal Commission, said the agency was still reviewing the lawsuit and had no immediate comment.
“By imposing broad new jurisdiction over all future SeaWorld marine animal projects, as well as aquarium projects elsewhere in the state, the Commission has overstepped both federal and California law”, said Joel Manby, SeaWorld president and chief executive officer, in a statement in October.
SeaWorld says the state panel does not have the authority to impose a “no-breeding” condition on the construction project that would more than double the enclosure size for the park’s 11 killer whales.
“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 wrote.
The company is also challenging critics who attended October’s seven-hour hearing.
Seaworld has suffered declining attendance and revenue since the release of the 2013 documentary Blackfish, which focused on an orca in capitivity. “Animal rights activists appeared at the Coastal Commission hearing and vilified SeaWorld”.
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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.
