The 2013 documentary “Blackfish” portrayed the chilling reality of orcas in captivity, including the tragic death of one orca trainer who was pulled underwater by a stressed and depressed whale. Now California has become the first state in the country to ban breeding and performances by captive orcas.

State Assemblyman Richard Bloom from Santa Monica first introduced the bill in 2014 and expressed his joy on Twitter on Tuesday.

Very pleased to announce that my law protecting #orca from captive breeding in California was signed by @JerryBrownGov today

— Richard Bloom (@RichardBloom) September 13, 2016

The “Blackflish” documentary opened many people’s eyes. SeaWorld faced massive protests after it aired. The company voluntarily announced in March 2016 that it would stop captive breeding and “repackage” orca entertainment into featuring only the “natural behavior of the whales.”

PETA had worked on behalf of the orcas for a long time and was delighted by the news:

Considering what we know now about orca intelligence and sensitivity, there’s no justification for letting businesses breed more of these animals to endure chronic deprivation in tiny concrete tanks.

BREAKING VICTORY: #California has just become the first state to ban captive orca breeding! https://t.co/LoBCdqPwgz pic.twitter.com/NpVaOrOddX

— PETA (@peta) September 14, 2016

The new bill was signed into law by Governor Jerry Brown on Tuesday and will ensure that SeaWorld and other parks will never begin the captive breeding practices again. But a loophole in the bill allows parks to still use whales for “educational orca encounters,” which means they could technically keep doing what they’ve been doing until now.

Former orca trainer John Hargrove, who participated in the Blackfish documentary, celebrated the new law.

California Governor Signs Bill Banning SeaWorld Orca Shows- This feels WONDERFUL! https://t.co/WO1lEWEcvS

— John Hargrove (@johnjhargrove) September 14, 2016

The law will prohibit keeping genetic material for the purpose of breeding and selling orcas to other states or countries. Facilities that keep orcas captive can only keep them for scientific, educational, or rescue purposes. Breaking the new law could result in a fine of $100,000.

Dr. Toni Frohoff from In Defense of Animals told the Dodo:

This is a momentous decision that reflects established science on orca well-being, and also public opinion that increasingly demands that these majestic, highly intelligent beings should not be held captive.

Considering the massive criticism that SeaWorld has faced, and that the new bill is the first of its kind to protect orcas, it seems like it can only get better for the whales from here.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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After the documentary “Blackfish” made waves, there was substantial outcry about SeaWorld’s actions, particularly as they related to orcas. Now, federal lawmakers are working to end some of SeaWorld’s most predatory practices.

Representative Adam Schiff (D-California) announced a bill, the Orca Responsibility and Care Advancement Act (ORCA), on Friday that would prohibit the breeding of captive orcas, as well as prevent the wild capture of the animals for exhibit purposes. This would essentially lead to a phase-out of Orcas being used for show at SeaWorld parks.

Orcas are too socially complex, too intelligent, too long-lived and simply too big to thrive in confinement #ORCAacthttps://t.co/pZmeg8hgsO

— Adam Schiff (@RepAdamSchiff) November 6, 2015

The controversial “Shamu Shows” have been under particular scrutiny since the release of “Blackfish” in 2013, which shed light on the way that the orcas are treated at SeaWorld, as well as the death of trainer Dawn Brancheau. Despite the $15 million that the company has spent trying to decry the movie as propaganda and promote its supposed good work instead, it has been hurting as a result of the negative scrutiny. For example, at its San Diego park, attendance fell 17 percent last year. Overall, SeaWorld’s profits have fallen by almost half since the film’s release.

Gabriela Cowperthwaite, the director of “Blackfish” explained the reason that so many were drawn to the film, saying:

I just think the movie struck a nerve. I think it has galled people to learn that a beloved cultural icon, an institution we think is dedicated to teaching our children, is the opposite of what it pretends to be. The whales aren’t happy and the trainers aren’t safe. It’s as simple as that.

Schiff”s motivation for introducing the bill was much along the same vein; in a statement he explained: “the evidence is very strong that the psychological and physical harm done to these magnificent animals far outweighs any benefits reaped from their display.”

Schiff’s bill is supported by a number of advocacy organizations, including the Animal Welfare Institute, the Humane Society of the United States, the Humane Society Legislative Fund and People for the Ethical Treatment of Animal.

Although Congress’s near-constant gridlock nowadays may mean that the bill doesn’t go anywhere, SeaWorld isn’t in good shape. The consistently bad PR, falling profits, and now the threat of damaging legislation doesn’t bode well for the entertainment destination.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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