(Oct. 16, 2015, 6:30 a.m.) -- SeaWorld Entertainment, Inc. has announced (Oct. 15) that it has retained a high powered L.A. law firm to challenge the Oct. 8 Coastal Commission voted action that gave SeaWorld (San Diego) a permit to expand the size of its orca whale tank, but with a condition forbidding breeding of the orcas, which the company said at the time would mean the slow extinction of the orcas it now holds.

Below is the text of SeaWorld's Oct. 15 statement:

[SeaWorld statement text] SeaWorld Entertainment, Inc. (NYSE: SEAS) announced today that the company intends to pursue legal action against the California Coastal Commission for its overreaching condition that would ban killer whale breeding at SeaWorld San Diego. Animal welfare is governed by federal and state laws that do not fall within the jurisdiction of the California Coastal Commission's appointed board. The vote by the Commission came during the course of its ultimate approval of the Blue World Project at SeaWorld San Diego. George Soneff, Jack S. Yeh and Michael Berger of Manatt, Phelps & Phillips, LLP have been retained to represent SeaWorld in this challenge.

"As a regulatory board charged with managing coastal development and related land-use decisions, the Coastal Commission went way beyond its jurisdiction and authority when it banned breeding by killer whales at SeaWorld. By imposing broad new jurisdiction over all future SeaWorld marine animal projects, as well as aquarium projects elsewhere in the state, the Commission has overstepped both federal and California law," said Joel Manby, President and Chief Executive Officer. "It simply defies common sense that a straightforward land-use permit approval would turn into a ban on animal husbandry practices -- an area in which the Commissioners have no education, training or expertise. To say that this is a dubious decision with no legal basis is an understatement, which is why we must and will challenge the Commission's decision."

SeaWorld is strictly regulated by the federal government, with frequent random inspections by federal veterinarians and other officials. The company passes strict licensing requirements every year and is accredited by organizations including the Association of Zoos and Aquariums (AZA). According to the AZA, SeaWorld is "meeting or exceeding the highest standard of animal care and welfare of any zoological organization in the world."

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Public testimony frequently focused the orca whales, but as LBREPORT.com noted at the time, the jurisdictional legal issue did come up. In presenting the company's request for the permit, a Sea World representative argued that the Coastal Commission has land use authority but lacks jurisdiction under state law, and is preempted under federal law from attempting to regulate conditions for the whales. Wildlife and environmental advocates anticipated the argument and disputed the company's legal contentions.

The issue will now be argued in legal briefs and oral arguments and decided in a court of law (not immediately announced where or when.)

Going into the hearing, Sea World had the support of Coastal Commission staff for accepting a condition not to take further whales from the wild (the "Virgin" pledge, no whales collected after Jan. 1.) However a number of wildlife and environmental advocates felt the Sea World-accepted condition didn't go far enough. Some groups (including PETA) argued that the Commission should deny the permit outright.

While a Sea World (San Diego) company representative testified (photo right, foreground) in support of the company's request for a permit to enlarge its whale tank, opponents displayed signs (behind him) in opposition and argued against granting the requested permit.

However, the Coastal Commission hearing file also included a letter -- with names of multiple groups on its letterhead -- that took a somewhat more nuanced position. It recommended that if the Commission approved a permit, it should prohibit the captive breeding artificial insemination of orcas in captivity, prohibit the sale or offer for sale, trade or transfer for any reason other than transport to a sea pen any orca intended for performance or entertainment purposes. That position eventually prevailed.

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Commissioner Dayna Bochco moved an amendment (to Coastal Comm'n staff's recommended approval) that let Sea World enlarge its orca whale tank BUT (Bochco condition) prohibited captive breeding, artificial insemination, the sale, trade or transfer of any orca in captivity (exceptions for health of animal or rescue animals.) The Commission approved the Bochco amendment, making it a condition of the permit. Immediately prior to the vote, a Sea World rep said publicly that the company didn't accept the condition, noting it would mean the gradual extinction of its current captive whale population.

Bochco's amendment carried 11-1 (Cox dissenting), and with the amendment added to staff's recommendation, the Commission approved the permit without dissent. Commissioner [and LB Councilman] Roberto Uranga was present and voted "yes" without comment. For AUDIO of the Commission's final discussion (sound clip begins with salient portion of Comm'r Bochco's remarks) including motion and vote, click here.

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Additional background for the record:

To view the full Coastal Commission staff report (including Sea World submitted materials), click here.

To view support and opposition materials (so numerous that Coastal Comm'n staff put them in a separate file, click here (337 pages) organized as follows:

• Support letters: Letters from government officials; Letters from industry groups; Sampling of individual public comments Form letters with approximate number received; staff summary of points raised in public comments, As summarized by Commission staff, points in support included:

  [Coastal Commission staff text]:

  SeaWorld has a long history of caring for orcas and other marine mammals.

  SeaWorld employees multiple experts to care for the orcas.

  The orcas in SeaWorld are protected from the natural and man-made threats that orcas in the wild experience.

  SeaWorld is a long-standing contributor to San Diego and is a large employer.

  SeaWorld is an educational facility that provides many people their first or only opportunity to interact with multiple marine animals in a single place.

  SeaWorld has provided multiple field trips to students to allow them to learn about the marine environment at the park.

  SeaWorld has long been a safe, enjoyable family destination.

  SeaWorld is a good employer who takes the training and safety of its employees seriously, as well as the care of the animals in its parks.

  SeaWorld is a large contributor to marine research – both monetarily and with data.

  Orca captivity provides an excellent and hard-to-reproduce opportunity to be able to study orcas up close in a controlled environment, helping to set baselines to compare to orcas in the wild.

  SeaWorld has long bred orcas in captivity, and those orcas form social. connections just like the orcas in the wild.

  The orcas in captivity could not survive if released into the wild.

  SeaWorld has inspired many people to pursue a career in the marine sciences.

  SeaWorld has not taken an orca from the wild for decades, and its captive population is mostly captive bred and are cared for under vetted guidelines from both the government and recognized marine mammal groups. [end Coastal Comm'n staff text]

• Opposition letters: Legal memos and supporting information; Form letters with approximate number received; Petitions; Sampling of individual public comments; staff summary of points raised in public comments

As summarized by Commission staff, the opponents' points included:

The size of the proposed orca facility would still be inadequate in light of the natural ocean environment in which orcas live.

Expanding the tank will allow for more breeding of captive orcas resulting in less space per orca.

Captive orca breeding engenders in-breeding and causes harm to the health of the orcas.

Captive orcas display unnatural behavior, indicating psychological or physical harm from captivity.

Captive orcas live shorter lives than wild orcas.

Orcas in the wild travel hundreds of miles a day which they cannot do in captivity.

Orcas have a complex family relationship which is damaged when individuals are separated.

Sonar echolocation is impossible to use in the tanks the orcas are kept in.

Sea pens or wild release would be beneficial to the captive orcas.

Orca captivity gives San Diego, and the United States in general, a bad name worldwide.

SeaWorld’s declining attendance indicates the changing public attitudes against orca captivity.

Tourism will suffer if the project is approved

The Coastal Commission should wait until the proposed legislation in the California State Assembly regarding orca captivity reaches a final decision.

SeaWorld is no longer an educational facility but has instead become another amusement park.

It is immoral to keep animals for human entertainment and profit.

The expansion should only occur if captive breeding is prohibited.

SeaWorld pollutes Mission Bay.

SeaWorld causes noise and water pollution from fireworks.

Expanded tanks should not be allowed in a drought. [end Coastal Comm'n staff text]