SeaWorld sues California over ban on killer whale breeding

SeaWorld Entertainment Inc. has filed a lawsuit challenging a California Coastal Commission ruling that bans the company from breeding killer whales or orcas at its San Diego park.

The lawsuit filed on Tuesday in San Diego County Superior Court says that the California Coastal Commission was outside its authority when it made the ruling on breeding restriction, according to Reuters.

The suit says that the California Coastal Commission does not have jurisdiction over the marine mammals, because the whales are not part of the California coastal or marine environment. The lawsuit says that all of SeaWorld's activities with respect to the care, breeding and transportation of orcas occur onshore in the orca pools and not in marine environment. It says that the whales are specifically governed by federal law.

SeaWorld President and CEO Joel Manby said in a statement according to NBC San Diego that the Commission has overstepped both federal and California law by imposing broad new jurisdiction over all future SeaWorld marine animal projects, as well as aquarium projects elsewhere in the state.

The California Coastal Commission approved a $100 million SeaWorld proposal in October, called the Blue World Project, to expand its killer whale tanks in San Diego. But the Commission attached to the approval the restriction to breed the killer whales at the San Diego park but not at SeaWorld facilities in other states.

The Coastal Commissioner Gregory Cox, who favored the SeaWorld's expansion, said it would be a good thing to increase the size of the whales' habitat. But the Commissioner Dayna Bochco, who brought up the breeding ban amendment, said that the killer whales are suffering and they don't belong in captivity .

SeaWorld attorney said the condition forces SeaWorld to either agree to the eventual demise of its orca exhibition or withdraw  the permit application and forego the effort to enhance the orca's habitat.

SeaWorld said in a statement that it was disappointed by the whale breeding ban attached to the Blue World Expansion approval. Seaworld's Blue World Expansion is set to open in 2018, which would triple the size of exizting killer whale tanks.

According to The Guardian, SeaWorld claims that the Commission's action is illegal. The company said in the lawsuit that the last minute 'no breeding or transfer' condition is unprecedented.

In response to the SeaWorld's lawsuit,  the U.S. animal rights organization People for the Ethical Treatment of Animals (PETA) said in statement that the Coastal Commission made the right move. PETA said that the Commission acted fully within its authority as protector of all resources within the coastal zone.

The Commission spokesperson said that the agency was still reviewing the lawsuit and had no immediate comment. However, the Coastal Commission stands by its decision to protect killer whales.