Delcianna J. Winders, Academic Fellow, Animal Law & Policy Program, Harvard Law School
This piece originally appeared in the Sun Sentinel.
A Miami judge recently denied relief to Lolita, the sole orca at the Seaquarium, by creating out of whole cloth a double standard for endangered animals like Lolita who are held in captivity. As a result, Lolita will remain in the smallest orca tank in North America without the company of a single other orca.

© Orca Network
The Endangered Species Act makes it illegal to harm, harass or wound Lolita. This broad ban includes a prohibition on significantly disrupting normal behavior patterns. Congress and the Supreme Court have stressed that it should be interpreted as broadly as possible, even to extend to seemingly harmless activities like bird watching if they might disturb the protected species.
It is beyond dispute that the Seaquarium’s confinement of Lolita disrupts her normal behavior patterns.
Orcas are highly social animals who stay with their mothers for life. Lolita was ripped from her family as a baby.
©Terrell C. Newby, Ph.D.
She hasn’t seen another orca since 1980, when her companion died after ramming his head into the tank, believed by some to be an act of suicide.
Still, Lolita reportedly continues to use vocalizations known only to her pod. When played a recording of her pod’s calls, she responded and returned the calls.
Wild orcas dive hundreds of feet and travel up to 100 miles every day. The Seaquarium confines Lolita, who is 20 feet long, to a tank that is just 20 feet at its deepest and 80 feet Continue reading →
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