Self Assessment: The essay is slightly above the word count, but I believe many of those are just from the in-text citations as those can build up over time. I have tried to reorganize the essay so that it flows better, and I have added more concrete topic sentences so that it is clear what each paragraph is about. Because I have so many separate topics I decided not to do a path sentence, but I did give each topic a quick two word summary in the conclusion, which is mostly about what people should take away from the essay. I have included a lot of research here because I feel that as much as people are willing to believe others, they are much more likely to take research into account, and will take more from the essay if the understand the general research and history surrounding the topic. I have included page numbers for all the book citations except for The ethics of captivity, as I accessed that book through the sample provided by google books, and it does not have page numbers. However if you do an in-book search for the keywords Tab and Presley you can find the relevant sections. In-writing citations are not only useful for the reader; I also found them useful in ensuring that I did not mix up two different sources of similar topics. This essay has many parts, which led to organization being my main struggle, For example, I have one paragraph solely dedicated to what other people have done in the past, and I reflect on it briefly, either disagreeing or agreeing with them, this is the paragraph 7 with the topic sentence: Researchers and conservationists alike are divided on the issue of keeping cetaceans in captivity.
statement of audience: This essay is written for people of any age (though probably over the age of 11), and at any level of knowledge about whales and ocean life. It is meant to get people who have not had a chance to research this topic, but are interested in it, to get a solid background on why captivity should not be legal, and attempts to get them to think about treatment of animals overall. For example this could be highschool students taking law classes or biology classes.
Cetaceans in Captivity: The Balance Between Education, Awareness, Conservation, and Animal Health
On November 18, 1961, Wanda, the first orca to be brought into captivity was captured. Just two days later she was dead (Messenger, 2014, para. 2, 12). However, she was not the first cetacean to be kept in captivity as cetaceans have been in places such as menageries since the thirteenth century (Couquiaud, 2005, p.283). Captivity is defined as keeping animals in an enclosed area, often out of their natural environment, or in a faux environment. Through thorough examination of the outcomes of cetacean captivity, the way people have rationalized captivity, and the difference between quality of life for cetaceans in the wild and cetaceans in aquariums or parks, we can begin to prove that captivity negatively impacts the lives of both singular cetaceans and their species. Change is both necessary and possible in the case of cetacean captivity, cetaceans can be protected from the stresses captivity creates through proper laws and regulations. There have been more than 156 orcas taken from the wild since Wanda, and 129 of those orcas are deceased (“Whale and Dolphin Conservation”, 2018). According to whales.org, there were 67 orcas in captivity as of September of 2018. In short, I argue that cetaceans should not be kept in captivity as the health and behavioral issues that captive conditions create are not suitable and are torturous to the animals both mentally and physically; there are other ways to get people invested in the conservation of cetaceans such as whale watching, documentaries, and education stemming from photography and research.
Whales are mobile creatures, they spend their lives travelling in the ocean, a giant pool of water which takes up 70% of the Earth’s surface (NOAA, 2018). In contrast, pools in marine parks and aquariums have around a 100 gallon area of water for the 352,670,000,000,000,000,000 gallons that the ocean has (NOAA, 2018). In addition, oceans hold the majority of plant and animal diversity on earth, as well as extraordinary topography, stimulation for cetaceans that cannot be replicated in a tank. Whales in captivity are not given the proper space in which to live, and what space they are given does not provide them with proper stimulation. Minimum standards of care for the keeping of marine mammals have been set by several countries, and the European Association for Aquatic Mammals (EAAM), the International Marine Animal Trainers Association (IMATA), and the Alliance of Marine Mammal Parks and Aquariums (AMMPA), all attempt to keep the parks and aquariums in their jurisdiction up to the standards they require (“Aquatic Mammals Journal”, 2019). The Animal Welfare Regulations, USDA, has regulations for temperature, space, and many other physical regulations for the care of cetaceans. For example, the average sized dolphin needs a tank that is at least 10.36m horizontally and 1.3m deep. For the average orca, the tank must be at least 14.63m, with a depth of 3.66m. Measurements are determined by the size of the cetacean. There are different dimensions required for group I cetaceans and group II cetaceans. Group I consist of larger cetaceans such as belugas, orcas, and narwhals, while group II consists of cetaceans such as the common dolphin and the pygmy dolphin (USDA, 2017, pp. 197-201). The only regulation that acknowledged the mental needs of cetaceans is that they must be kept with at least one other marine mammal of their species or a similar species, and that they cannot share an environment with non-compatible animals (USDA, 2017, p. 213). One exception is Lolita, an orca who is now over 50 years old and who has been without the company of another orca since 1980 (Herrera, 2017, para. 5). Other than this the regulations are similar to what you may see for regulations about protecting a historical artwork- with no thought for the subject’s mental state. This has led to problems with cases such as Tilikum’s, who, for part of his life, was locked into a steel box with other orcas at night so that people could not set them free. The orcas began to resist going into the box at night, and the trainers such as Eric Walters, a former sealand trainer, remember it unpleasantly, “That’s where food deprivation would come in. We would hold back food, and they would know if they went in the module they would get their food. So if they’re hungry enough they’re going in there.” “When you let them out you’d see rakes, and sometimes you’d see blood,” (“Blackfish”, 2013). Without the proper area and stimulation orcas began to injure one another, an act which is not surprising as it is known that orcas have different languages and cultures in each of their pods; these parks do not take this into account (“Blackfish”, 2013). The aggression was also aggravated by the withholding of food, being unable to rectify this, the orcas mostly turned their anger toward Tilikum (“Blackfish”, 2013).
Lori Marino a neuroscientist who previously worked with dolphins in captivity before making it her life mission to stop captivity said this about orcas: “Well, what could happen as a result of them being thrown in with other whales that they haven’t grown up with, that are not part of their culture, is there’s hyper aggression...a lot of violence, a lot of killing in captivity that you don’t ever see in the wild,” (“Blackfish”, 2013). Whales are mentally disadvantaged in captivity as their complex social behaviours make it difficult to assimilate with whales from a pod they were not born with, this leads to behavioural problems between the whales. Despite the Animal Welfare Regulations just because animals are of the same or similar species does not make them compatible. Through her research Marino has found that orcas have a part of their brain that is not present in humans, or known to be present in any animals that are not cetaceans (Marino, 2007). Due to its location it is most likely that it is involved in emotion, and it is believed that orca’s have highly complex social behaviours. For example, Kasatka, an orca housed at SeaWorld San Diego had a baby, Takara, while she was in captivity, twelve years later it was decided by the directors of the park that Takara should be moved to a different location. After Takara was moved Kasatka began to use long-range vocals in an attempt to reconnect with her daughter, vocals which had not been heard by people before (Colvin, 2017). Places like SeaWorld often like to reiterate that the orcas are kept with ‘their family’ and that they are perfectly happy in a place where they have constant food supply and veterinary care, they fail to account for the mental needs of cetaceans, the proper space, stimulation, and company (“Seaworld Saddened to Announce Death of Orca”, 2019; “Caring for Katina”, 2018). Wanda, the first orca in captivity, desperately swam around the tank she was kept in, hitting herself on the sides several times, and eventually swam into a flume way before she died, these were not the actions of a content cetacean (Messenger, 2014, para. 12). While we cannot conclude that she was knowingly making a suicide attempt we can safely assume that this was the act of an animal desperate for escape, and extremely stressed.
Cetaceans’ physical health is also negatively affected by captivity, and their lives are shortened; even with the breakthroughs that captive research have been part of it is not worth the impact captivity takes on the lives of the subjects. Lori Marino, the neurologist who was interviewed in the documentary Blackfish, began to argue against the captivity of cetaceans after two dolphins, Tab and Presley, that she had previously worked with died at an age that is half the normal lifespan for the species. Tab died of gastroenteritis, and Presley from fungal encephalitis (Gruen, 2014[footnoteRef:0]). Most dolphins in captivity die at a similar age to Tab and Presley, either at half the normal lifespan for their species or below it (Gruen, 2014). Tab and Presley had been part of an experiment to see if dolphins could recognize themselves in mirrors. Spots were drawn on the dolphins where they would not be able to usually see and a mirror was placed in front of them, after looking at their reflections the dolphins turned so they would be able to see the marks on their bodies. This was a breakthrough for understanding the intelligence of dolphins, and brought a cascade of experts and others to question whether dolphins are too smart to live in captivity (Grimm, 2011). While we can accept the importance of the discovery Tab and Presley were part of we cannot say that the discovery was worth more than the shortening of the lives of the dolphins, or the many other cetaceans who have been kept in captivity for research. [0: Book was accessed through Google Books and thus page numbers are not available.]
Besides research, the fuel for the captive movement is the supposed attempt at conservation of the animals in captivity. Parks and aquariums parade the idea that breeding and educational programs will better the lives of the species in the long run, and ensure that they do not become endangered and extinct. However, cetaceans routinely die at a much earlier age in captivity, and the mortality rates for births in captivity are abysmal; cetaceans currently in captivity can be moved to whale sanctuaries or, if they are able, released, in hopes that their lives are improved. For 30 orca calves who were either miscarried or stillborn, 34 orcas have been successfully born in captivity (“Whale and Dolphin Conservation”, 2018). With an almost 50% mortality rate, the argument of conservation through breeding is questionable at best. Even if orcas survive to adulthood bacterial infections are common causes of death for orcas in captivity. "pneumonia is a fairly common cause of death because they are living in a constant state of low-level stress," Naomi Rose, a marine mammal scientist, shared (Staedter, 2017, para. 4), the high levels of bacterial infections have also been said to be caused by the conditions captivity creates (para. 3). Seaworld has released that "pneumonia has been identified as the most common cause of mortality and illness in whales and dolphins, both in the wild and in zoological facilities," (para.15). This has no known truth to it as it is difficult to determine cause of death in wild orcas, who are rarely available for autopsies (para. 16) .Whale sanctuary projects hope to decrease the stress for whales that are currently in captivity while also providing necessary care, as whales who are born in captivity, or have spent a long time in captivity, struggle in the wild. Keiko, an orca released in 2002, had been in captivity for 23 years. After he was captured at the age of three he was dependent on humans, and needed to be slowly taken from human contact before his release. In the wild he failed to join other wild orcas, as each pod has its own culture and language, and died one year later from pneumonia (Herrera, 2017). Keiko has been used as a cautionary tale for people who argue for the release of orcas from captivity. Whale sanctuaries provide an alternative where whales are given much more space, company, and natural stimulation, and are also able to obtain food and veterinary care when they need it (“Whale and Dolphin Conservation”, 2018). Whale sanctuaries would give currently captive whales a place to live out their lives in a more natural environment, whether that would mean being released after retraining for the wild for those that can, or being cared for for the rest of their lives. This would not only be for animals in aquariums and marine parks but also for animals captive for other reasons such as dolphins involved in a therapy called Dolphin Assisted Therapy (DAT). Where dolphins offer ‘therapy’ through stimulation and comfort for children with disabilities. DAT was created in the 1970’s, and the creator denounced the practice in 2003, stating that she no longer believed in the process (Marino, 2013, para. 19). Dolphin-Assisted Therapy: More Flawed Data and More Flawed Conclusions by Lori Marino & Scott O. Lilienfeld, concluded that there was no evidence DAT is effective, and yet dolphins continue to be used for these purposes (Marino and Lilienfeld, 2015).
History is full of animals being ill-treated by humans, and the question of animals worth has been a known topic of discussion since the first philosophers; however, the fight for animal rights has not been very long, and is still ongoing today. Long before even the 20th century dolphins were taken for display, in the 1400’s they were at the palace Dijon’s ponds (Couquiaud, 2005, p.283). As early as 1861 the Boston Aquarial and zoological Gardens obtained three belugas, one bottlenose dolphin, and one gray shark (Kisling, 2001, p. 155). Only four years later the animals died in a fire (p.155). Orcas escaped being spectacles (although they had been in captivity before this) until 1970 at Kamogawa Sea World in China which soon led to other aquariums obtaining marine mammals due to the success Kamogawa Sea World found (p.315). Although aquariums and zoos have a long and strenuous history most animal rights acts, laws, and other protections have not existed for very long. Animal rights have been debated philosophically and theologically since such fields arose; however, it was soon decided that animals were beneath people and should be treated as ‘lower beings’ (Wise, 2016, para. 5). Decades later in 1800 a bill was defeated in Britain that would have prohibited bear and bull baiting, in 1809 a bill to prohibit cruelty to all domestic animals was also defeated (para. 8). It was not until 1822 that a bill was passed that made it illegal to put undue suffering and cruelty on animals such as cows, sheep, and horses (para. 8). In the USA, The Animal Welfare Act was originally passed in 1966 and has been updated every few years since then (para. 8). The most recent update being in 2008. Canada recently passed Bill S-203 Ending the Captivity of Whales and Dolphins Act (An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), the bill was widely supported throughout the house and was only verbally opposed by Robert Sopuck, the conservative member of parliament for Dauphin-Swan River-Neepawa. Sopuck argued that if Bill S-203 is passed it will lead to more bills like this, “pretty soon who knows what will be banned?” he questions, and later readily admits that this is a slippery slope, a widely known logical fallacy. This is a question that animal activists and those that agree with captivity both ask, and it does not have a simple answer; however, it is clear that whales are not suited to domesticity. Sopuck continues his statement, reflecting on times he has seen whales in the wild and declaring that “we admire [whales] because we are taught about the beauty of nature and wildlife in facilities that are responsible and effective.” (“Bill S-203 Session”, 2019) This has been shown not to be the case with documentaries such as Blackfish riling the public to the orca’s cause. The 20th and 21st centuries have greatly impacted animal rights and the public's views on animals themselves; hopefully this is not where it ends.
Researchers and conservationists alike are divided on the issue of keeping cetaceans in captivity. Orca : how we came to know and love the ocean's greatest predator by Jason M. Colby, is a book dedicated to the story that having orcas in places like Seaworld and SeaLand have changed the public’s perceptions of orcas to love rather than the fear many felt before Ted Griffin swam with an orca in 1965 (Colby, 2018). Nearly 50 years after Griffin’s swim, BlackFish was released, a documentary that includes interviews with orca experts, neurologist Lori Marino who specializes in whales, and countless accounts of animal trainers who worked with orcas in places like SeaWorld and SeaLand. Their stories share the blatant mismanagement and cruelty that goes on behind the glass tanks. Orca’s injuring each other and themselves, little stimulation for the whales beyond their shows and training sessions, lies about the whales lifespan and dorsal fins (all dorsal fins in captive whales are bent when 64% of wild orcas have ‘floppy’ fins, most whales have less than 1% of their population with bent dorsal fins, (Alves et al., 2017 )), and an inherent knowledge that if anything happened it was the trainor’s fault- that it had nothing to do with how the animals were treated (“Blackfish”, 2013). The Vancouver Aquarium, is usually on the forefront of education and conservation research. The Aquarium published a book in 2006 called People, Fish and Whales: The Vancouver Aquarium Story, written by Dr. Murray A. Newman CM OBC with Dr. John Nightingale, Dr. Newman was president of the Vancouver Aquarium for thirty-seven years, and Dr. John Nightingale recently stepped down after taking the job from Dr. Newman (Newman and Nightingale, 2006, p. 13; Branham, 2018, para. 1). In the book there is a section about the Aquarium’s past with whales, and recalls how orcas were “one of the most feared creatures in the ocean” prior to 1964, and that healed bullet wounds were often found while studying orcas (Newman and Nightingale, 2006, pp. 52-53). This was how they rationalized trying to catch an orca, killing one orca with a cannon after they got a line around the orca, citing that they “became so concerned with their own safety they killed [the orca,]”(p. 53). Eventually the Aquarium succeeded in capturing an orca who was named Moby Doll, and was injured while being captured, with a harpoon behind his head (pp. 53-54). Many researchers went to make observations on the orca, and some have since become orca experts (p. 54). However, like so many other captive whales, Moby died of a fungus infection located in his lungs, only 87 days after his capture (p. 54). The Aquarium kept orcas until 2001, when they moved their last orca, Bjossa, to another park after her mate died of a lung illness at twenty-one (p. 55). They explain their reasoning behind not continuing the program to not be about the orcas, they bring up David Bain’s study that wild orcas and captive orcas live to approximately the same age. However, it should be noted that they specifically said “in better aquariums like Vancouver,” leading to the assumption that orcas in other aquariums do not live as long as their wild counterparts, it should also be noted that there have been cases of orcas living over fifty years of age, but that the age they live to says nothing about their overall quality of life (p. 60). The book explains how the success the showing of orcas found may have been the reason they could no longer show them. The public no longer feared the orcas and were instead looking to protect them (p. 62). One key quote from the book is “Critics may say animals are better off if left in the wild to begin with, but most aquarists would answer that exhibiting a few whales is justified if it contributes to the betterment of all whales, as it did in BC. When people spend their lives serving the greater good, we call them heroes and consider their lives well lived. Why not the same with animals?” (p. 63). The difference between the case of animals and people is that when people “spend their lives serving the greater good,” it is their choice to do so, not the choice of beings who do not even have a concrete way to communicate with them. Furthermore, the public’s view of orcas and whales has already been changed, through research we know that these are not vicious animals, there is no longer any excuse to keep them in captivity.
Those who have been part of keeping cetaceans in captivity, such as whale trainers and divers, agree that it is time to end captivity, and disagree with many of the actions they were told to do while in the employ of marine parks. The parks have a “culture of ‘you get back on the horse and you dive back in the water. And if you’re hurt, well, then we’ve got other people that will replace you.’ And ‘You came a long way. Are you sure you want that?’”- John Jett-former SeaWorld Trainer (“Blackfish”, 2013). The trainers also expressed the lack of experience and education needed to get the job, and that the dangers were downplayed “I believe it’s 70 plus, maybe even more, just killer whale trainer accidents. Maybe 30 of them happened prior to me being at SeaWorld and I knew about none of them.”-Samantha Berg-former SeaWorld trainer. Kim Ashdown shared “I always thought that you needed, like, a master’s degree in marine biology to be a trainer. Come to find out, it really is more about your personality and how good you can swim.”(“Blackfish”, 2013). The amount of information divers who captured the whales to be brought to SeaWorld was similar. John Crowe, a diver, recalled that “It was a really exciting thing to do and so everybody wanted to do it, capture orcas.”, but Crowe’s excitement did not last long, he saw first hand the horror that capturing whales truly is, “I lost it I mean I started crying. Just like kidnapping a little kid from their mother.” When the hunt for orca’s was over three were dead, and the divers were told to fill them with rocks and sink them with anchors attached to their tails (“Blackfish, 2013). Orca’s do not forget these appalling exploits, and it has been shown that orca’s remember what whale hunts are, and the actions that they encompass. In one case the orcas tried to hide their young by splitting up, encouraging the boats to follow the older whales who surface regularly. Sadly this well thought out plan is easily shattered by helicopters that the hunt had over the water, who could see the young orcas as they came up to breach (“Blackfish, 2013).
Cetaceans are not physically nor mentally made for captivity and it is a morally groundless action to place them there. Cetaceans that are in captivity are not given enough space, are kept with other whales with different behaviours then their own, live shorter lives, and have a much higher mortality rate for births. Researchers and conservationists are divided on the impacts of captivity on cetaceans but many people who have worked with the cetaceans in the past are beginning to speak out about the blatant mismanagement surrounding the issue. We have greatly improved our treatment of animals in the last few centuries but there is still improvement in our future. Regulations and laws such as Bill S-203 are steps to stopping captivity, but industries work around these for the profit they expect. For example SeaWorld was told to stop capturing whales in Washington and so they simply went to Iceland (“Blackfish”, 2013). Laws and regulations about capturing cetaceans need to be stricter, and heavily regulated in order for them to be successful. Cetaceans that are already in captivity also need a chance to live better lives, and it is hoped that they find themselves happy in whale sanctuaries, or, for those who have not been captive for long, back where they belong. Ending the captivity of cetaceans does not mean people will stop caring about their struggles, and it certainly does not mean that animals will go extinct without breeding programs (recall the close to 50% mortality rate). Ending captivity means an end to the mental and physical ailments that plague captive cetaceans at an alarming rate, and means that the next generation of cetaceans can live without fearing whaling boats coming to take their young.
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