SeaWorld
sues California commission over orca breeding ban
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[December 30, 2015]
By Marty Graham
SAN DIEGO (Reuters) - SeaWorld sued
California authorities on Tuesday, seeking to overturn a decision that
allows the San Diego theme park to expand its orca habitat only if it
stops breeding killer whales in captivity.
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The lawsuit, filed in San Diego Superior Court, argues that the
California Coastal Commission overstepped its authority when it
imposed the breeding restriction because it does not have
jurisdiction over the marine mammals, which are regulated under
federal law.
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.
"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," SeaWorld Entertainment Inc attorneys said.
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During a contentious seven-hour hearing in October, the California
Coastal Commission voted unanimously to give SeaWorld permission to
double the size of its orca pools so long as the park ends its
captive breeding program and does not transfer any of its marine
mammals to other facilities.
Critics who attended the hearing questioned SeaWorld's treatment of
animals in captivity and demanded the park's population of 11 orcas
be released into the wild.
"The Coastal Commission process became unhinged," the complaint
states. "Animal rights activists appeared at the Coastal Commission
hearing and vilified SeaWorld in their 'testimony,'" the lawsuit
contends.
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Officials at the commission did not immediately return calls for
comment about the lawsuit.
Eight of SeaWorld's 11 orcas are the result of captive breeding, the
lawsuit said.
"SeaWorld has not collected an orca from the wild in more than 35
years and has committed to not doing so in the future," attorneys
said.
The complaint asks the Superior Court judge to either order the the
restrictions be removed or order a new hearing of the development
proposal, called "Blue World," without the restrictions on breeding
and transfer, and for the cost of SeaWorld's attorney fees.
(Editing by Victoria Cavaliere, Robert Birsel)
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