When asked about the issue at hand, the response remains consistent: intent is difficult to prove, and controlling breeding entirely is a challenge.
The Harms of Captivity
A system that permits reproduction while evading accountability is not putting an end to itself; rather, it is perpetuating itself under the guise of progress. It is crucial to identify the underlying structure at play here. Orcas held in captivity are considered legal possessions, their movements restricted, social bonds severed and reconfigured, reproduction managed, and bodies exploited for profit. What marine parks label as conservation, education, or rescue is, in reality, a form of control – the complete dominance over another species’ movements, reproduction, and social interactions for human benefit.
Looking back at history, we find numerous instances of such systems of domination that persisted long after their cruelty was recognized. Take slavery, for example; its barbarity was not a sudden revelation that led to its abolition. It was well-known. What prolonged its existence was not ignorance, but rather, legality, profit, and euphemisms.
Orcas in captivity now find themselves in a similar ethical predicament. Their suffering is widely acknowledged, yet their captivity persists not due to uncertainty but due to loopholes, greenwashing, and the inertia of habit.
Addressing the Violations
The focus should not be on improving captivity but on putting an end to it altogether. This necessitates closing the existing loopholes. Firstly, under no circumstances should new orcas be captured for captivity. Rescue operations should not equate to transferring these majestic creatures from the ocean to tanks. Interventions, where necessary, should take place in oceanic environments with the ultimate goal of releasing the animals back into the wild. Permanent captivity should never be an acceptable outcome.
Secondly, conservation must be legally defined in a manner that mandates a conservation-oriented outcome. If an animal is destined to remain in captivity indefinitely and will not contribute to bolstering wild populations, then its captivity cannot be deemed conservation.
Thirdly, breeding should be unequivocally prohibited. Not merely discouraged or managed but strictly forbidden. This prohibition should be backed by independent oversight, transparent reporting mechanisms, and penalties for any breaches. Without this crucial step, all other reforms would be superficial in nature.
Ending the Era of Domination
Existing captive orca populations must be steered towards extinction. This may be a harsh reality, but it is an inevitable one. While it is heartbreaking that many captive orcas are deemed unfit for release, this does not justify perpetuating the cycle by breeding more captives.
Put an end to the breeding cycle. Allow the existing population to dwindle naturally. Cease the creation of future captives. While the orcas currently housed in tanks cannot reclaim the lives taken from them, the legal and linguistic loopholes that facilitated their captivity can certainly be dismantled. The manner in which these loopholes are addressed – whether they are eradicated or cloaked under new euphemisms – will determine how this period in history is judged.
History does not look kindly upon systems of domination once their detrimental effects are comprehended. The only question it poses is why such systems were allowed to persist for so long.
About the Author
Dr. Rebecca Gaston is a writer and animal-welfare advocate based in the UK. She collaborates with international NGOs on marine-freedom campaigns.

