Legislation aimed at updating federal rules on captive orcas, like those kept at SeaWorld San Diego, has been attached to the agriculture appropriations bill being considered in the House of Representatives, two California congressmen said.

Rep. Adam Schiff, D-Burbank, and Rep. Jared Huffman, D-San Rafael, said their amendment was accepted unanimously.

A baby Orca with its mother at SeaWorld. Mike Aguilera / SeaWorld San Diego
A baby Orca with its mother at SeaWorld. Mike Aguilera / SeaWorld San Diego

The amendment would direct a U.S. Department of Agriculture agency that regulates animal captivity, sales and exhibition, to update and finalize captive marine mammal regulations.

“For almost 20 years, USDA has failed to review and update the Animal Welfare Act regulations for captive orcas and other marine mammals,” the congressmen said in a joint statement. “These rules certainly should have been revised in light of new data 12 years ago when USDA opened up the rule-making process.”

They said the USDA sought public comment in 2002 on updating standards for indoor and outdoor facilities, water quality, space requirements, and swim-with-the-dolphin programs.

Numerous comments were collected from the animal exhibitor industry, animal welfare groups, the scientific community, and the general public, recommending changes to tank sizes and otherwise improving facilities for marine mammals, but new regulations were never adopted.

“Unfortunately, they dropped the ball – so it’s time to try again,” Schiff and Huffman said in their statement. “Our amendment reminds (the) USDA that inaction is unacceptable – the American people want to see these regulations reviewed and updated to reflect the growing scientific and public concern about the effect of captivity on these animals.”

Concern over the condition of orcas, also known as killer whales, was raised several months ago by Blackfish, a controversial documentary that has received widespread attention. SeaWorld, which also operates parks in Orlando and San Antonio, contends that its marine mammals are not mistreated.

A statement in response to the legislation from SeaWorld Parks & Entertainment said the amendment would provide $1 million to the Animal & Plant Health Inspection Service, the applicable USDA agency.

“While we’re still examining the intent of the amendment, one must question whether it is the best use of taxpayer funds to spend $1 million to underwrite studies on marine mammals in zoological settings when peer-reviewed scientific studies on this subject already exist,” the statement said.

Earlier this year, state legislation to ban orca shows in California was introduced, but later shelved.

– City News Service