Captive orca, Lolita, at Miami facility to get endangered protection, but stays put

SEATTLE – A captive killer whale that has been performing for decades at the Miami Seaquarium deserves the same protection as a small population of endangered orcas that spend time in Washington state waters, the federal government announced Wednesday.

But the National Marine Fisheries Service said the whale’s inclusion in the endangered listing for southern resident killer whales does not impact the animal’s stay at the Florida facility where she has been since 1970.

“This is a listing decision. It is not a decision to free Lolita. It’s not a decision that she should be free,” said Will Stelle, regional administrator for the Fisheries Service’s West Coast region.

It does not affect the conditions of the orca’s captivity or care at this time, nor is the Miami Seaquarium required to do anything as a result, Stelle said. He added the agency is focused on doing what it can to recover the wild population of Puget Sound orcas, which numbers 78.

Animal rights groups called it a victory and said the decision opens the way for them to argue that the whale’s living conditions violate provisions of the federal endangered species law.

“Now that Lolita is protected, a whole host of remedy is open to us to demand that Lolita be treated with respect,” said Jessica Blome, an attorney with the Animal Legal Defense Fund.

Lolita was 4 or 6 years old when she was legally rounded up in 1970 and later sent to the Miami facility. When the federal government protected Puget Sound orcas as endangered species in 2005, it excluded captive animals. People for the Ethical Treatment of Animals Foundation and others petitioned in 2013 for Lolita to be included, and the Fisheries Service did so on Wednesday.