Give us back our big baby: Marine park in bizarre tug-of-love case over 17-foot killer whale

-Marineland defying judge's order to return two-tonne whale to SeaWorld


By Jacqui Goddard


SeaWorld in Orlando, Florida, is demanding the return of Ikaika, pictured swimming in a tank at Marineland in Niagara Falls


Two theme parks are waging an international custody dispute in court – over a 17-foot killer whale.

SeaWorld in Orlando, Florida, is demanding the return of Ikaika, a two-tonne, captive-born orca that it sent to Marineland in Niagara Falls, Canada, in 2006.

But Marineland has defied the call – and a judge’s order – and insisted that Ikaika stays, dismissing SeaWorld’s claim that the mammal was only a temporary loan and branding the dispute 'unfortunate'.

From left: Ikaika, Katina, and Taku perform in Sea World. Marine parks in North America are banned from importing wild-caught orcas, but the law does not apply to those born in captivity


It is now taking the case to appeal, despite a lower court’s ruling that it must hand over the creature, and is contesting SeaWorld’s legal custody rights.

'The present dispute with SeaWorld over Ikaika is unfortunate. Marineland believes that Ikaika should be allowed to stay at Marineland, That was the original understanding between SeaWorld and Marineland,' said the Canadian park’s 76-year-old founder and owner, John Holer, in a statement.

Ikaika – whose name means ‘strong’ in Hawaiian – is of value to any aquarium due to his future breeding potential.

Marine parks in North America are banned under the Marine Mammal Protection Act from importing wild-caught orcas, but the law does not apply to those born in captivity.

'Holer has no other options. There are no other male orcas in Canada and no one else willing to send him any. I’m not at all surprised he’s trying to dig in his heels and keep the whale,' said Julie Woodyer, campaigns director of Zoocheck Canada, a national animal protection charity.

'Ideally, of course, neither of them should have him. SeaWorld is probably the better of the two and Ike would probably live marginally longer there, but at the end of the day that whale is going to suffer. Orcas are a highly complex species and captivity is not the place for them.'

Ikaika was born at SeaWorld in 2002, to mother Katina and father Tilikum.

Tilikum has sired 13 offspring, making him the most prolific bull orca in captivity, but is better known for darker reasons: in 1991, he was among a group of whales at Sealand of the Pacific, a marine park in Victoria, Canada, that killed a trainer who fell into their pool and, at his current home at SeaWorld, Orlando, killed a second trainer last year.

A dolphin show at Marineland, Niagara Falls, where Ikaika is currently staying, despite a judge's order that he is returned to SeaWorld


Dawn Brancheau, 40, died of drowning and blunt force trauma during the February 2010 incident, in which she was thrashed underwater during a ‘Dine with Shamu’ show in front of a paying crowd.

She suffered a severed spinal cord, and fractured jawbone, ribs and vertebrae.

Animal welfare experts say that such incidents are symptomatic of the stress suffered in captivity by orcas, a species that travels up to 100 miles a day and dives thousands of feet deep in the wild.

'In the wild, they use echo location but in captivity that’s so significantly limited that most of them don’t even bother. They effectively have to switch off a sense. In captivity they’re in small enclosures, smaller groups and their social and psychological needs just can’t be exercised as they should,' said Ms Woodyer.

Ikaika was removed from his mother at the age of four and sent to Marineland on breeding loan, though he is not due to reach sexual maturity for several years.

Marineland claims that the two parties have a written contract that states that it would only ever have to give up Ikaika if it was no longer able to maintain his upkeep.


Shamu the killer whale performs at Seaworld, where Ikaika was born in 2002, to mother Katina and father Tilikum


SeaWorld argues that it is legally entitled to terminate the loan and that since 2009 it has been concerned about the animal’ s physical and psychological welfare.

A judge in Ontario’s Superior Court sided with SeaWorld last week, stating in a written ruling: 'In my view, SeaWorld has properly terminated the breeding loan agreement and is entitled to possession of Ikaika.

'Accordingly, an order will issue granting SeaWorld recovery of possession of Ikaika, and ordering Marineland to co-operate in any way reasonably necessary to allow the safe and expeditious transport of Ikaika from Canada to the United States.'

SeaWorld says that it is now making arrangements for Ikaika to be relocated in the 'not-too-distant future', though Marineland’s appeal is likely to delay that.

Previous orca relocations have been performed using a Hercules aircraft carrying a giant water tank.

Ikaika lives with another orca, Kiska, in a 4.5 million gallon tank called Friendship Cove and puts on a daily 'splash and jump' show for crowds.

Fellow performers include dolphins, sea lions and walruses.



source:dailymail