Orca removed from Marineland

When Sea World loaned a 1,815-kilogram Orca whale named Ikaika to Marineland in 2006, they did not expect that they would have so much trouble getting her back. They certainly did not expect the long and difficult legal fight that they went through, or the troubling allegations against Ikaika's temporary home. After several months of litigation, however, they were able to take her back on Nov. 13 in a specially designed truck.

Sea World — an Orlando-based animal theme park which holds the largest collection of Orca whales in the world — loaned the whale to Niagara Falls's Marineland in 2006 in exchange for four Beluga whales that they had wanted for breeding purposes.

Marineland has long been the subject of allegations that it provides inadequate living conditions to the animals in its care. These charges gained credence in 2000, when a whale named Malik died due to deficiencies in his immune system. After seeing the issues with Marineland's living conditions, Sea World asked to have its whale back, saying that the "psychological and physical care" provided was inadequate. Following this decision, Sea World used a termination clause in their contract to demand Ikaika's return.

"This was not a guaranteed, long-term relationship. The termination provision is clear and not commercially unreasonable," said the court decision. "The maximum term of the loan of Ikaika is only four years and thereafter only a year at a time. There is no suggestion of capital investment being undertaken by the receiving party in reliance on the length of the agreement."

Marineland's conditions have been criticised by several animal rights groups. The complaints against them range from general criticism against keeping animals in captivity, to complaints about Marineland's facilities in particular.

"The use of other animal species for profit is inherently exploitative and destructive," said Arthur Miller, of the Niagara-based group Marineland Animal Defence. "[But] there are many ways in which Marineland is unique in their desecration of other animal species."

Marineland declined to comment on this story.

It remains unclear as to how Marineland will proceed now that they only have one Orca in their park. According to the court records, the deal with Sea World was part of a long-term plan for the two parks to collaborate, a plan that is not likely to continue after the acrimonious breakup.

"It is premature to discuss any future association between our institutions," said Fred Jacobs, Sea World's Vice President of communications. "There is still active litigation in the US."

Miller has far less confidence in Marineland's ability to secure more whales, pointing to the long history of alleged abuse as a reason why other parks will be unwilling to trade with them in the future.

"They have been ostracized from the marine park network. Conditions at Marineland have been subject to reports dating back over 20 years, and there never seems to be any changes in response to those criticisms," he said.

"We hope that this case illustrates to people how the profit motive drives the captive animal industry."