Federal Government Sued over Orca Lolita’s Illegal Exemption from Endangered Species Act
For Immediate Release:
November 17, 2011
Contact:
David Perle (PETA) 954-464-6553; DavidP@peta.org
Lisa Franzetta (ALDF) 707-795-2533, ext. 1015; lfranzetta@aldf.org
PETA (People for the Ethical Treatment of Animals) and ALDF (Animal Legal Defense Fund) Cite Government's Improper Conduct in Allowing Seaquarium to 'Harm' and 'Harass' Lone Orca for Profit.
Miami - PETA and ALDF, and three individuals filed a lawsuit today against the National Marine Fisheries Service (NMFS) for violating the Administrative Procedure Act by excluding Lolita, a solitary orca who has been confined to a tiny concrete tank at the Miami Seaquarium for more than 40 years, from the Endangered Species Act (ESA). The ESA provides members of the wild Southern Resident orca population and other endangered animals with a host of protections, including protection against being harmed or harassed. Yet, despite being a member of the Southern Residents, Lolita has been denied all these protections without any explanation from NMFS. The plaintiffs argue that NMFS' regulatory exclusion of captive Southern Resident orcas from the ESA listing is illegal. In the filing—which is being handled by the law firm Meyer Glitzenstein & Crystal—the plaintiffs set out specific provisions of the ESA that expressly forbid such an exclusion.
"Lolita was torn from her family, has been exploited for every dollar Seaquarium can squeeze out of her, and was finally betrayed by the government agency charged with protecting her, which simply ignored the law," says Jeffrey S. Kerr, general counsel to PETA. "This regulatory 'gift' to an industry notorious for making orcas' lives miserable is not only extremely cruel but also blatantly illegal."
"The government's failure to provide Lolita with the protections enjoyed by the wild members of her pod has enabled the Miami Seaquarium to keep her in conditions that violate the Endangered Species Act," explains ALDF's director of litigation, Carter Dillard. "Lolita must be granted the protections under federal law that she is rightfully due and that best ensure her survival and well-being, which—depending on her condition—could include transferring her to a sea pen in her home waters and releasing her back to her family pod."
PETA and ALDF explain that NMFS listed Southern Resident orcas, who range off the coast of Washington state, as endangered in part because their capture for public display had depressed their numbers to dangerous levels. The ESA clearly prohibits the wholesale exemption of all captive members of a listed species. And even where valid exemptions exist, they apply only where the holding of such animals "was not in the course of a commercial activity." The plaintiffs estimate that the Seaquarium has made tens of millions of dollars (possibly 100's of milions) by forcing Lolita to perform tricks over the past four decades.
In the wild, orcas live in tight family units with bonds that may last a lifetime. At the Seaquarium, Lolita swims in endless circles in a small, barren tank that does not comply with USDA regulations. This highly intelligent and social animal has been without an orca companion since 1980.