Blackfish Response to SeaWorld 69 Critique

BLACKFISH RESPONDS TO SEAWORLDS LATEST CRITIQUE

SeaWorld has issued yet another critique against the film, Blackfish. This critique is more detailed, yet is equally specious and misleading. So, once again, the Blackfish production team has crafted a rebuttal.

What makes this latest effort unique is the timing. It comes on the heels of AB2140, the groundbreaking legislation that seeks to bring an end to orcas for entertainment in California.

Although Blackfish served as a portal of entry for the many controversial issues surrounding whales in captivity and trainer safety, the bill was introduced because millions have since chosen to seek their own answers. And they have largely come to the same conclusion as the film: killer whales are not suited to captivity and the trainers who work in close proximity to them arent safe (a conclusion reaffirmed by the recent U.S. Court Of Appeals rejection of SeaWorlds appeal of OSHAs citations).

Furthermore, Blackfish exercised considerable discipline in its storytelling, choosing not to cover the many issues that are now surfacing about SeaWorld:

The administration of benzodiazepine (valium) to many killer whales who are said to be experiencing grief, stress or anxiety. The circumstances surrounding the deaths of multiple whales The circumstances involving the injuries of multiple trainers The scant amount of revenues (roughly .06% of $1.5 billion a year) that SeaWorld puts toward conservation. SeaWorlds ongoing methods of obtaining marine mammals from the wild

Although the attention paid to these issues seems to be growing daily by an increasingly informed public, SeaWorld continues to denydespite the evidence that trainers assume an inappropriate amount of risk and that the welfare of its killer whales is compromised by captivity. The issue is not whether SeaWorld has world-class facilities, as it insists at every turn. The issue is whether the care and environment SeaWorld can provide its killer whales can meet their needs and whether trainers left to administer the care can do so safely. Blackfishby documenting the health issues, the whale-on-whale and whale-on-trainer aggressions, as well as the compromised lives and social experience of SeaWorlds killer whalesmakes clear that SeaWorld cannot give its killer whales lives that are in any way adequate.

That is the core issue raised by Blackfish, and that is an issue that SeaWorld never directly addresses in its critiques of Blackfish or in its public relations campaign in response to Blackfish.

That said, we look forward to the day when they do. We can then stop engaging in these back-and-forth exercises and search for a solution together. We continue to invite SeaWorld to be partners in an open discussion about a new business model, one that evolves away from animals for entertainment toward more dignified and sustainable models.

No. Time Stamp Description Misleading and/or Inaccurate

1. :01-- 1:13 Opening Sequence: Under soundtrack consisting of actual 911 calls, five separate pieces of footage combined to depict (1) trainer (presumably Dawn Brancheau) swimming in a tank with a whale (presumably Tilikum); (2) various interactions between the trainer and the whale in the water, including the whale circling trainer; and (3) the whale making aggressive move towards the trainer. The Opening Sequence is false and misleading. It consists of separate pieces of innocuous training and show footage taken by SeaWorlds underwater cameras cobbled together (under actual 911 calls regarding Dawn Brancheau) to mislead the audience into believing it is viewing footage of the fatal incident between Ms. Brancheau and Tilikum on February 24, 2010. However, the Opening Sequence does not contain footage of an attack, and neither Ms. Brancheau nor Tilikum are depicted in the Opening Sequence. In addition, the Opening Sequence casts SeaWorld in a false light, misleading the audience into believing that SeaWorld trainers, including Ms. Brancheau, swam with Tilikum, which never occurred. From the date that Tilikum arrived at SeaWorld in 1993, SeaWorld had special safety protocols for the care and handling of Tilikum which prohibited any employee from conducting waterwork with Tilikum at any time. Evidence:1. 1/6/93 Memorandum from Brad Andrews (See BF Index #1)2. Shamu Stadium Orientation Checklist (See BF Index #27)3. SeaWorld Animal Training SOP Section XI Tilikum Protocol (See BF Index #32) 4. References in OSHA Trial Record to Tilikum and his protocols (Testimony of Schaber, Grove & Mairot) (See BF Index #25, 10, 14)

Blackfish Response

This criticism is somewhat puzzling. The film reveals that the trainer in the water was in fact not a victim of an attack at all, but that the interaction was part of a SeaWorld show. It is likely SeaWorld understands the intention of the opening, which suggests that underneath the spectacle lies the reality that any interaction between a killer whale and a trainer can go wrong at any given moment. It is misleading to suggest otherwise. In addition, the voice-over clearly states that someone is in the pool with the whale that theyre not supposed to be in the pool with, so there was no attempt to mislead people into thinking trainers did waterwork with Tilikum.

2.) 1:40 Introduction to cast member John Hargrove, who throughout Film speaks about Tilikum. Mr. Hargrove worked at SeaWorld San Diego from 1995 until 2001 and SeaWorld Texas from 2008 through August, 2012. Hargrove never worked at SeaWorld Florida, and never worked with Tilikum.

Blackfish Response

This statement of Mr. Hargrove's experience is inaccurate. Mr. Hargrove was also a trainer for SeaWorld of Texas during the time period of 1993-1995 as well as a Supervisor of Killer Whale Training during 2001 and 2002 with Marineland in France. Since Mr. Hargrove was a Senior trainer at SeaWorld of Texas during the time of Ms. Brancheaus death, he was privy to the details of her death.The former trainers in the film talked about their work at SeaWorld, which combined spans the better part of 20 years, and includes knowledge and direct experience at all three SeaWorld parks. Their work histories include direct experience with many SeaWorld whales, including Tilikum, and all have direct knowledge of serious whale welfare issues as well as many incidents of killer whale aggression against trainers. Furthermore, the former trainers discuss information that is corroborated by others who worked at the park, by eyewitnesses, even by SeaWorlds own documentation in many cases. Blackfish also relies on input from diverse individuals and we cover a 40-year span of time. Whether these individuals captured killer whales for SeaWorld decades ago, researched them in the wild or trained killer whales at SeaWorld as recently as 18 months ago, they have independently come to a conclusion that is not favorable to SeaWorld. Attempts to discredit them on this basis are simply an attempt to avoid addressing the uncomfortable facts that they bring to light in the film.

10752.00002/208769.1 1 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content No. Time Stamp Description Misleading and/or Inaccurate

3. 1:54 Introduction to cast member Samantha Berg, who throughout Film speaks about Tilikum. Ms. Berg has not worked at SeaWorld in over 20 years. Ms. Berg worked at SeaWorld Florida from February 1990 until August 1993. She worked primarily with dolphins, beluga whales and sea lions, and had very limited experience with killer whales. Ms. Berg was not assigned to Tilikums team and did not work with Tilikum. Ms. Berg has conceded her lack of expertise in the context of offering opinions in the zoological area. In an email dated September 7, 2011 to John Black, OSHAs Lead Trial Lawyer in the Department of Labors case against SeaWorld, Ms. Berg offers to critique the expert report of Jeff Andrews, Sea Worlds Zoological expert in the trial, but conceded: Mainly, I am concerned that because I only worked at SWF for 3 12 years and one year at Shamu Stadium that my testimony may not be credible compared to a guy with 25 years of zoological experience. She also admits: My direct knowledge of SeaWorlds Procedures for training their staff only extends to what was in place up until August of 93 I question whether this qualifies me to speak to SeaWorlds current safety or training procedures. Although Counsel for OSHA rejected Ms. Berg as a witness at trial, Ms. Berg repeatedly opines on these topics throughout the Film. Evidence:1. Email chain from Samantha Berg dated September 7, 2011 (See BF Index #39)

Blackfish Response

Please see Blackfish Response #2. SeaWorld is incorrect. Samantha Berg did swim with whales, did work whales in shows, and she herself claimed she would not declare herself to be a zoological expert after her tenure at SeaWorld. This does not mean her knowledge and experience at SeaWorld Florida isnt of value when discussing trainer safety and whale welfare. Furthermore, OSHA counsel did not reject Samantha Berg as a witness. OSHA counsel did not call any of the former trainers seen in Blackfish as witnesses at the Sanford hearing. Instead, OSHA counsel called current SeaWorld trainers to the stand and their testimony, under oath and under penalty of perjury, led Judge Ken Welsch to rule in favor of OSHA and against SeaWorld. Again, this is simply an attempt to avoid the facts and issues raised by Blackfish by trying to discredit the source of the facts.

4. 2:10 Introduction to cast member Kim Ashdown, who throughout the Film speaks about Tilikum. Ms. Ashdown worked at SeaWorld Florida primarily with dolphins, beluga whales and sea lions, and with killer whales for only approximately 4 months. Ms. Ashdown was not assigned to Tilikums team and did not work with Tilikum. Ms. Ashdown never performed waterwork with killer whales.

Blackfish ResponseMs. Ashdown was speaking of her own experience while she worked at SeaWorld. In fact, the entire opening sequence with each trainer (including Mark Simmons, who supports SeaWorld) explaining how he or she started at SeaWorld, serves to explain how the qualifications for becoming an entry-level trainer are very minimal. Although Blackfish chose not to cover the following controversial subject matter about a trainers willingness to assume significant risks for their job, documentation shows that while at Shamu Stadium in SeaWorld Orlando, Ms. Ashdown voiced that she was uncomfortable and frightened of working not just with Tilikum, but with all killer whales. For that reason, she requested a transfer out of Shamu Stadium. SeaWorld rejected her transfer and instead warned her that any mistakes she might now make while working at Shamu Stadium would be grounds for termination. This is not responsible management.


5. 2:12 Introduction to cast member John Jett, who throughout the Film speaks about killer whales and Tilikum. Mr. Jett has not worked at SeaWorld in over 17 years. Mr. Jett worked at SeaWorld Florida from 1992-1996, and had limited interaction with killer whales. Mr. Jett worked for a short period of time with Tilikum under the supervision of a senior trainer. Mr. Jett was never the trainer in charge of any session with Tilikum, and had no decision on how or when Tilikum would be worked.

Blackfish ResponseHaving worked directly with Tilikum and having worked at SeaWorld Orlando 17 years ago, Dr. Jett is uniquely qualified to speak of his own first-hand experiences with both, which are corroborated by many other SeaWorld trainers. Since Blackfish committed to following a 40-year history of SeaWorld practices in order to understand both whale welfare and trainer safety, Dr. Jetts experiences are wholly relevant to what happens in present day SeaWorld.It is important to note that several former trainers who appear in Blackfish have over a decade of experience. Others, who might otherwise have moved up SeaWorlds management ladder, sought out an exit plan very soon after they witnessed trainer safety and whale welfare issues. For SeaWorld to imply that if a trainer did not have senior management authority, their experiences as trainers at SeaWorld have no validity, suggests that most of their anti-Blackfish video testimonials given by trainers currently employed at SeaWorld should be discounted.

6. 2:43 Introduction to cast member Dean Gomersall, who throughout Film speaks about killer whales and Tilikum. Mr. Gomersall worked at SeaWorld Florida with sea lions, beluga whales and dolphins, and never worked with killer whales. He never worked with Tilikum.

Blackfish Response

Again, discounting the many eyewitnesses who together account for decades of SeaWorld practices in all three of the parks simply because theyve arrived at conclusions unfavorable to SeaWorld is simply a way of not addressing the issues raised. The fact that SeaWorld chooses to try to attack Mr. Gomersalls credibility instead of trying to address the points he makes is in and of itself, revealing.

7. 2:54-3:12 Using Ms. Ashdown, Film suggests that the only qualifications to become a killer whale trainer is to be a good swimmer and have a good personality. This is false and highly misleading. The path to becoming a killer whale trainer is lengthy and demanding, and the Film ignores the ladder of employment -- the many beginning and intermediate steps necessary to be promoted through the ranks to attain the level of killer whale interaction trainer. For example, Mr. Gomsersall never attained the position of killer whale trainer, and was not permitted to interact with any killer whales. Ms. Berg, Ms. Ashdown and Mr. Hargrove did work with killer whales but did not interact with Tilikum. Evidence:1. OSHA Hearing Testimony of Kelly Flaherty Clark Tr. 87-92 (See BF Index #8) 2. OSHA Hearing Testimony of Jenny Mairot Tr. 1271-1295 (See BF Index #14) 3. OSHA Hearing Testimony of Lynn Schaber Tr. 292-306 (See BF Index #25)

Blackfish ResponseSee Blackfish response to #4. Again, the entire opening sequence, with each trainer (including Mark Simmons, who supports SeaWorld) serves to explain how the qualifications for becoming an entry-level trainer are actually very minimal.

8. 2:08 Introduction of Jeff Ventre Ventre has not worked for SeaWorld for over 18 years. Mr. Ventre was employed by SeaWorld from November 1987 through December 1995. Mr. Ventre worked with killer whales for approximately three years, and while he excelled physically at in-water interaction, he was not a decision maker, did not plan the day, and was considered a junior level trainer.

See Blackfish response to #6.


9. 4:48 Voice of Ms. Berg over Film showing female trainer riding a whale. This sequence misleads the audience into believing that Ms. Berg is the trainer depicted as riding the whale (i.e. engaging in waterwork with the whale) thereby making it appear that Ms. Berg had relevant experience. In fact, the trainer is not Ms. Berg, it is Holly Byrd, and is footage recorded at SeaWorld more than 10 years after Ms. Berg left SeaWorld. SeaWorld has no record of Ms. Berg doing waterwork with killer whales; even if she did, it was very limited.

Blackfish Response

This criticism reveals a basic misunderstanding of film-making technique. This is standard documentary practice, where b-roll illustrates an event being described in voice-over. The film is describing a universal SeaWorld experience many trainers share, which ironically, was a positive experience for Ms. Berg. Ms. Berg swam with whales and did the exact same behavior as depicted in the scene in Blackfish. In fact many trainers went through that exact introductory waterwork sequence. SeaWorld seems to be accusing Ms. Berg of lying about an event to which many bore witness. This is an ad hominem attack.

10. 8:24 Interview of George Tobin, who states that Tilikum ate Ms. Brancheaus arm. This is false. Tilikum did not eat Ms. Brancheaus arm; The Coroners Report is clear that Ms. Brancheaus entire body, including her arm was recovered. Evidence:1. Sheriffs Investigative Report at pg. 28 (Witness Valerie Greene). (See BF Index #20)

Blackfish Response

The interview between the sheriffs office representative and the paramedic did occur and this is what the paramedic said. Blackfish included this interview to illustrate the intensity during this tragic day. To quibble about whether the whale actually ate Ms. Brancheaus arm or merely tore it off (which he did as SeaWorld admits here when they correctly claim that Ms. Brancheaus arm was recovered) is mystifying.

11. 8:56 John Jett: OSHAs conclusion to halt waterwork with killer whales will have a ripple effect through the whole industry, and various clips are used to imply that SeaWorld only suspended waterwork after being cited by OSHA and as a result of public outrage. Film incorrectly states that OSHA stopped the waterwork at SeaWorld. In fact, SeaWorld voluntarily suspended waterwork with killer whales at each of its three parks on February 24, 2010, the day of the incident with Ms. Brancheau, over six months before SeaWorld was cited by OSHA, and over two years before trial commenced on the OSHA citation. Evidence:1. OSHA Hearing Testimony of Kelly Flaherty Clark Tr. 78-80. (See BF Index #8)

Blackfish Response

SeaWorld is correct. The company voluntarily suspended waterwork and kept its trainers out of the water before the OSHA citation. However, while SeaWorld has never explained its decision-making with regard to the suspension of waterwork, it seems pretty clear that it was at least in part affected by the fact of the OSHA investigation. After Alexis Martinez was killed by a SeaWorld killer whale at Loro Parque two months earlier, SeaWorld suspended waterwork at its parks for only a few days. The difference between the two incidents? There was no OSHA investigation, or much public attention, following the death of Mr. Martinez.


12. 10:12 14:02 Film implies, through David Duffus (its not a singular event) and Howard Garrett (Without missing a beat they went from Washington to Iceland and began capturing there), that SeaWorld continues to capture whales in the wild. This implication is false. SeaWorld has not captured whales in nearly 34 years. The last such collection by SeaWorld took place in 1979. Evidence:1. NMFS Data Sheet for Permit #240 (Kasatka) (See BF Index #16) 2. NMFS Data Sheet for Permit #268 (Katina) (See BF Index #17)

Blackfish Response

Dave Duffus statement about its not a singular event was not in reference to captures. It was in reference to Ms. Brancheaus death. Howard Garretts comment, which is quoted verbatim, is in the past tense. The historical footage on screen and his comment make it clear this was a historical SeaWorld practice.Most important to note (and Blackfish does not cover the following highly controversial ground) is that while it is true that SeaWorld itself no longer captures wild whales, SeaWorld continuesin an effort to promote genetic diversity within its animal collection--to bring wild whales into its parks through other captors, and other means. In other words, SeaWorld no longer has to capture its own animals. It has other people do it for them. SeaWorld is currently part of a consortium led by the Georgia Aquarium that is trying to import 18 wild-caught beluga whales into the United States. If they succeed, SeaWorld will introduce new wild belugas into its pools. In addition, in recent years SeaWorld has added stranded wild pilot whales to its animal holdings. Finally, SeaWorld has also laid claim to a stranded killer whale called Morgan, who was rescued near the Netherlands in 2010, and instead of being released back into the wild was transported to Loro Parque in the Canary Islands to join SeaWorlds killer whale group there.

13. 13:40 Garrett states: They [SeaWorld] were finally ejected from the state of Washington by a court order in 1976. This is false. There is no court order ejecting or banning SeaWorld from the State of Washington. To the contrary, the court dismissed the case because of a stipulated settlement between the parties in which SeaWorld voluntarily agreed not to exercise its rights under the valid permit issued to SeaWorld by the State of Washington to capture whales. Evidence:1. State of Washington v. Sea World, Inc. Stipulation of Dismissal (See BF Index #28) 2. State of Washington v. Sea World, Inc. Motion for Order of Dismissal (See BF Index #29)

Blackfish ResponseIt is important to note SeaWorld did not voluntarily choose to stop capturing whales in U.S. waters as the prior statement may suggest. Due to public outcry and ongoing legal action SeaWorld chose to no longer operate in Washington state waters as part of a settlement, and began capturing killer whales in Iceland instead.


14. 15:39 Discusses training technique of punishing whales by food deprivation. The Film implies that all institutions with captive whales, including SeaWorld, use this technique. For example, later in the Film, when discussing the incident involving Dawn Brancheau, the issue of food is brought up (1:08:47. 1:09:13) (the sound of ice at the bottom of the bucket means that food is running out) with the misleading implication that SeaWorld deprived Tilikum of food or otherwise used a deprivation type of training technique. This implication is false. Tilikum arrived at SeaWorld weighing 7,700 pounds, and currently weighs 12,000 pounds. SeaWorld has never deprived Tilikum of food for any reason, training or otherwise. Prior to Tilikums arrival at SeaWorld and continuing to this day, SeaWorld has only utilized operant conditioning, a scientific method that professional animal trainers have used for decades. Through rigorous efforts, trainers gradually increase the frequency of desired animal behavior, and minimize the occurrence of undesirable behavior, by encouraging the former with positive reinforcement and ignoring (and thereby discouraging) the latter. Punishment is never part of operant conditioning, and punishment is never employed at SeaWorld. SeaWorld pioneered and is the recognized worlds leader in the use of operant conditioning principles for the training of killer whales.

Blackfish ResponseThe film merely discusses the fact that food deprivation was a known tactic employed by Sealand of the Pacific, where Tilikum spent his early years in captivity. In addition (though the filmmakers chose not to mention this in Blackfish), SeaWorld, while it does not use food as punishment, does manipulate food rations for performance reasons. According to testimony of present-day trainers, for example, SeaWorld trainers are encouraged to withhold food from killer whales in advance of important VIP shows to promote a whales performance edge (to increase the likelihood that the hungry killer whales will perform to a higher standard).

15. 17:22 Further discussion of food deprivation at Sealand of the Pacific. See Box 14 above.

See Blackfish Response above


16. 8:53 David Duffus is identified as OSHA Expert Witness, Whale Researcher. Duffus lacks requisite expertise to opine about the behavior of whales in captivity. Duffus experience is limited to the observation of wild whales to predict their seasonal movements and to understand whether whale-watching disturbs the whales. He has not conducted any studies on captive whales, and has no experience related to the interaction of any animals in a zoo or aquarium setting nor any expertise related to the safety of those employees who work with such animals. In addition, Duffus has admitted that he does not know whether being in captivity alters a killer whales behavior, and he also has no experience training whales. When questioned by Sea Worlds lawyer at the OSHA proceeding, Duffus testified that Sea World is the expert and he suggested SeaWorld go to work and think about how they can balance stuff. He further testified Ive got no particular bone to pick with the citation and Sea World and the corporate behavior and the governance of these operations... Ive got no particular issue with SeaWorld, their shows. I guess my main concern is the bar - - is the height of the bar for safety. SeaWorld challenged Duffus qualifications at the OSHA hearing, and Duffus lack of relevant expertise is an issue currently pending before the appellate court. In an Order dated August 6, 2013, OSHA Administrative Judge Kenneth Welsch clarified that Duffus is an expert in the behavior of killer whales in the wild, but he has no expertise in the training of captive killer whales. Evidence:1. David A. Duffus Deposition taken August 30, 2011, Pgs. 38-42; Pgs. 128-130. (See BF Index #7)2. August 6, 2013 Decision and Order Granting Petition for Modification of Abatement Date (See BF Index 18)

Blackfish Response

During the OSHA vs. SeaWorld trial, Judge Welsch accepted Dave Duffus, a killer whale expert, as OSHAs expert witness although it was noted that indeed Duffus had not trained killer whales to perform. However, Judge Kenneth Welsch did express concern over SeaWorlds expert witness Jeff Andrews, who had significant conflicts of interest. Mr. Andrews was a former employee of SeaWorld and received information about what happened the day Tilikum killed Ms. Brancheau from SeaWorld staff who were not eyewitnesses to the events. Interestingly, after the hearing, Jeff Andrews took on a new position as Vice President of Zoological Operations at Busch Gardens Tampa SeaWorld Parks and Entertainment.

10752.00002/208769.1 7 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 17. 18:47- 21:58 Interview of Corrine Cowelle and Nadine Kallen, interspersed with interview of David Duffus. Cowelle/Kallen purport to provide eyewitness account of Keltie Byrne incident, stating unequivocally (22:08) that Tilikum went after Byrne while the other two whales kind of circled around Film misleadingly fails to disclose that David Duffus was the foreman of the five person jury at the 1991 Coroners Inquest into the death of Keltie Byrne. The Film also fails to disclose the official Verdict of the Inquest. The Verdict reached by Duffus and his fellow jurors, after considering the testimony of nineteen witnesses, was that Ms. Byrnes cause of death was drowning DUE TO or as a consequence of forced submersion by Orca (killer) whales, falling into the whale pool. Duffus and his fellow jurors found that Ms. Byrne fell into the whale pool . . and while attempting to get out the whales intervened, and that rescue attempts . . . were thwarted by the whales. (Emphasis added.) Contrary to the account of Cowelle/Kallen in the film, Duffus and his fellow jurors did not find that Ms. Byrne was pulled into the pool by a whale, that Tilikum was the instigator, or that Tilikum was otherwise more to blame than the other two whales for the death of Keltie Byrne. Consistent therewith, Duffus testified at his deposition in the OSHA hearing that Ms. Byrne slipped into the water, the whales didnt pull her into the pool. She slipped and fell . . . She did attempt to get out of the water. Thats when the whales pulled her back in. (Emphasis added). These critical omissions from the Film are highly misleading because the account of Cowelle/Kallen is flatly inconsistent with the official Verdict of the Coroners Jury, for which Duffus served as the foreman of the jury. Presenting the true facts concerning Duffus, the Coroners Jury and the Verdict would either undercut the veracity of Cowelle and Kallen or undercuts the competence and veracity of Duffus. Moreover, it appears Ms. Cowelle and Ms. Kallen first came forward with their story 20 years after the incident, on the eve of the 2011 OSHA hearing against SeaWorld, at which time they contacted David Kirby, a known anti-captivity activist and adversary of SeaWorld. They informed Mr. Kirby they were six feet away from the attack when it occurred and that Tilikum was primarily responsible for the incident, which is directly contrary to the evidence elicited during the 1991 Coroners Inquest. Mr. Kirby passed this story along to Jeff Ventre, one of the former trainers featured in the Film. Mr. Ventre passed the information on to Lara Padgett, the OSHA Investigator assigned to the SeaWorld case, and John Black, the Department of Labor Senior Trial Lawyer who tried the case at the 2011 hearing. Significantly, neither Ms. Cowelle nor Ms. Kallen were called to testify under oath at the 1991 Coroners Inquest or the 2011

Blackfish

SeaWorlds account is both incomplete and misleading. Eyewitnesses Corinne Cowell and Nadine Kallen claim it was Tilikum who instigated the attack by pulling Keltie Byrne into the pool at Sealand of the Pacific. Dr. Duffus, who served on the coroners jury for that incident, claims that the jury, having had no access to these eyewitnesses, never determined who instigated the attack, though Duffus did note the coroners jury knew Tilikum was the key player in the attack. Nevertheless it has been made clear that the jury did know more about the attack than SeaWorld suggests. Dr. Duffus attests in his full length interview with the filmmakers, (Tilikum) was the main player unquestionably. He had her in his mouth the whole time. SeaWorld bought Tilikum as a breeding and performance whale after this tragic incident and therefore may have wanted to characterize him as an innocent bystander. The facts simply do not support this characterization.

10752.00002/208769.1 8 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content OSHA hearing, however the Film presents their contradictory story as fact. Evidence:1. 6/5/91 Verdict of Coroners Inquest (See BF Index #26)2. Duffus Deposition at 55, 58 (It should be noted that after being hired by OSHA as an expert witness, Duffus changed his testimony to suggest that Tilikum was primarily responsible for the death of Ms. Byrne, which testimony is flatly contradicted by Duffus work and conclusions as foreman of the Coroners jury twenty years earlier.) 3. Email from Lara Padgett dated August 1, 2011 (See BF Index #41)

18. 21:28 Cowelle/Kallen: No one ever contacted us. There was an inquest. No one ever asked us to say what happened. See Note 17.

Blackfish Response

The film agrees with SeaWorlds take, that the coroners jury did not have access to the eyewitnesses who claimed Tilikum instigated the attack. However, as previously stated, it was clear to the jury that (Tilikum) was the main player unquestionably. He had her in his mouth the entire time. An important note: Chuck Tompkins, Corporate Head of Animal Training for SeaWorld, testified in court that SeaWorld never investigated Keltie Byrnes death or looked into what role their newly purchased whales played in it. They felt that what happened at Sealand was immaterial to what might happen at SeaWorld because Sealand was a substandard park. (That same attitude was in evidence after SeaWorlds Keto killed trainer Alexis Martinez at Loro Parque, and was part of the context in which SeaWorld management sent trainers back into the pools to perform waterwork after just a few days. Again, according to SeaWorld, this tragedy was the result of the inexperience of the trainers at Loro Parque. It was only when Dawn Brancheau was killed two months later, and in the face of an OSHA investigation, that SeaWorld suspended waterwork indefinitely.)

10752.00002/208769.1 9 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 19. 21:49 Cowelle/Kallen: So, in the newspaper articles the cause of death was that she accidently drowned, but she was pulled under by the whale. See 17. This account, which implies both a cover-up and that one whale (Tilikum) was to blame, is inconsistent with the official Verdict of the Coroners Jury, of which Duffus was the foreman, which found that Ms. Byrne drowned as the result of forced submersion by killer whales. (Emphasis added.) The Cowelle/Kallen account is also inconsistent with the account of Sealand of the Pacific trainer Eric Walters in the article The Killer in the Pool by Tim Zimmerman, published 7-30-10 in Outside Magazine. Mr. Walters, who also appears in the Film (15:06, 15:32) stated in the article that the female Nootka, not Tilikum was the aggressive of the three whales: Each whale had a distinctive personality. Tilikum was youthful, energetic, and eager to learn. Tilikum was our favorite, says Eric Walters. He was the one we all really liked to work with. Nootka, with her health issues, was the most unpredictable. Prior to the incident involving Ms. Byrne, according to Walters, Nootka pulled a trainer into the water. (He quickly yanked her out.) Twice she tried to bite down on Walters's hands. Not even the audience was safe. A blind woman was once brought onto the stage to pat Nootka's tongue. Nootka bit her, too. The Film misleadingly omits this account by Mr. Walters.

Blackfish

These quotes from Eric Walters are not about the incident with Keltie Byrne. Mr. Walters simply claims Tilikum seemed the most predictable or likable of the three whales. This assessment of Tilikums personality is also underscored by the former SeaWorld trainers in Blackfish. Tillikum was consistently described as eager to please before he killed two more people.

20. 21:59 Duffus: You know theres a bit of smoke and mirrors going on. One of the fundamental facts is that none of the witnesses were clear about which whale pulled Keltie in. See 17. Again, neither Duffus nor the Film disclose that Duffus was the foreman of the Coroners Jury. Duffus implies here that a particular whale pulled Keltie in however, Duffus own verdict as foreman in the Coroners Inquest was that Ms. Byrne fell into the pool, and was not pulled in, and that her forced submersion thereafter was by the whales, not by one whale.

Blackfish Response

Once again, the film gained access to eyewitnesses who claim it was Tilikum who pulled Keltie Byrne in. The eyewitnesses were not contacted by investigators in the Keltie Byrne case.

21. 22:08 Yes, yeah it was the large whale, Tilikum, the male is the one that went after her and the other two just kind of circled around, but he was definitely the instigator. See 17-20. In the 1991 interview of the sister that recently played on Nightline, she says that a whale pulled her under. She did not identify which whale. She did not state that it was the large whale Tilikum, or state that it was the male.

Blackfish response

Corinne Cowell claims to remember perfectly which whale pulled Keltie in. The fact that she did not identify Tilikum in a 1991 interview is likely indicative of the fact that she was not aware of the whales names at the time. Once again, no one investigating Ms. Byrnes death ever interviewed Cowell or Kallen officially. Nor, as far as we know, did SeaWorld ever make much effort to interview potential witnesses. Cowell and Kallens account added new information to what was known about the Keltie Byrne tragedy, which was the reason we included their accounts in Blackfish.

We are unclear as to whether SeaWorld is accusing these two women of fabricating a story. Blackfish pursued interviews with the eyewitnesses when their names were discovered by a journalist. Neither Kallen nor Cowell ever sought to retell this traumatic story on their own.

10752.00002/208769.1 10 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 22. 22:51 Huxter: My understanding of the situation is that Tilikum and others would not be used in shows, they would not be performance animals. This is not accurate, and appears to a mis-statement concerning the permits issued to bring Tilikum and the other Sealand of the Pacific whales into the United States. Tilikum was initially brought into the United States on an Emergency Permit based on the fact that the two female Sealand whales were pregnant and would not allow Tilikum to leave their tank. Pending the official permitting process, Tilikum was given an emergency permit which allowed him to be moved to SeaWorld, but which did not permit public display. The final permit ultimately obtained for Tilikum and the other Sealand whales was for the public display of all three animals. Evidence: Export Permit. (See BF Index #31)

Blackfish Response

As Former Sealand Director, Steve Huxter was privy to circumstances involving their killer whales, the death of Keltie Byrne, the closing of the park and the subsequent transfer of the whales. SeaWorld claims there was a permit obtained for the whales to be displayed, not necessarily to perform. So it is unclear why SeaWorld finds fault with Huxters statement. Ironically, in this criticism, SeaWorld seems to finally acknowledge that they were willing to allow a whale who they knew had recently killed a human being to perform in close proximity to trainers.

10752.00002/208769.1 11 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 23. 24:35 And to this day, theres no record of an orca doing any harm to any human in the wild. This is false. There are documented instances of killer whales attacking humans in the wild. In the 1910s, the Terra Nova Expedition recorded that killer whales had attempted to tip ice floes on which an expedition photographer and a sled dog team were standing. On June 15, 1972, 43-foot-long (13 m) wooden schooner Lucette (Lucy) was holed by a pod of killer whales and sank approximately 200 miles west of the Galapagos Islands. The group of six people aboard escaped to an inflatable life raft and a solid-hull dinghy. On September 9, 1972, a Californian surfer named Hans Kretschmer reported being bitten by a killer whale at Point Sur. His wounds required 100 stitches. In August 2005, while swimming in four feet of water in Helm Bay, near Ketchikan, Alaska, a 12-year-old boy named Ellis Miller was "bumped" in the shoulder by a 25-foot transient killer whale. The boy was not injured. During the filming of the third episode of the BBC documentary "Frozen Planet" (2011), a group of orcas were filmed trying to "wave wash" the Film crew's 18-foot zodiac boat as they were filming. The crew had earlier taped the group hunting seals in the same fashion. It was not mentioned if any of the crew were hurt in the encounter.

Blackfish Response

None of the incidents listed by SeaWorld other than the surfer who required stitches is of harm to a person. These incidents were apparently cases of mistaken identity in which the whales targeted supposed prey and promptly broke off the attacks as soon as they realized their error (including the incident with the surfer). However there is no record of a person being killed in the wild by killer whales. This is over the course of millennia of encounters between killer whales in the wild and mariners, scientists, surfers, swimmers etc. Yet in only 50 years, four people have been killed by captive killer whales, and many others injured severely enough to require hospitalization. SeaWorld does not address that here.In addition, SeaWorld seems to be underscoring the important point that killer whales are in fact dangerous and unpredictable animals, which seems to contradict their claim that it is safe to have unprotected contact with these animals.

24. 24:35 [t]he adult offspring never leave their mothers side. The Film offers no scientific basis for this statement, SeaWorld is aware of none, and the statement defies logic. If no adult offspring ever leave their mother, there would be no genetic diversity necessary for survival or separate pods of killer whales. It is estimated that there currently exists thousands of pods of killer whales in the wild.

Blackfish Response

SeaWorlds comment on this is simply incorrect. Males do not disperse from their mothers. This is an established scientific fact in the Pacific Northwest populations and in several other populations where photo-ID catalogues have been and are being established. SeaWorlds criticism here demonstrates a fundamental lack of understanding of the natural history of this species. The males do not mate with their mothers, they just live with her. They mate with other unrelated females during social encounters when pods mix. Genetic evidence supports this. There are clearly (currently unidentified) cultural and behavioral mechanisms that keep sons from mating with their mothers just as there are in other species like humans and bonobos, which also share this social structure. These mechanisms break down in captivity, where at least one son has mated with his mother. This incest is as unnatural in killer whales as it would be in people.

10752.00002/208769.1 12 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 25. 24:35 Garret: they have lifespans very similar to human life spans. The females can live to about 100, maybe more males to about 50 or 60. There is no scientific support for this assertion. The most recent study on life expectancy of southern resident killer whales is that females live between 30 and 46 years and males 19 to 31 years. Garret stated in an interview for the film Lolita: Slave to Entertainment that in the wild female [killer whales] average 50 years of age, which is consistent with the scientific evidence upon which SeaWorld bases its numbers. Evidence:1. Paper from the Canadian Science Advisory Secretariat; (See BF Index #4)2. orcahome.de/lifeexpectancy.htm: Researchers have determined an average life expectancy for wild killer whales of about 30 years for males and 50 years for females.3. Lolita Slave to Entertainment DVD Copyright 2003.

Blackfish Response

This is false. Mr. Garrett says they can live to about 100 which is accurate. Please see the Encyclopedia of Marine Mammals, where Dr. John Fords entry clearly notes that Mean life expectancy for females (calculated at age 0.5 years, following the period of high neonate mortality) is estimated to be approximately 50 years, and maximum longevity is 8090 years. Mean life expectancy for males (calculated at age 0.5 years) is estimated to be about 30 years, with maximum longevity of about 5060 years.

26. 25:38 Marino: The orca brain just screams out intelligence awareness. We took this tremendous brain and put it in a magnetic resonance scanner. What we found is just astounding. . . This is misleading. The most recent scientific research demonstrates that cetacean behaviors used to argue for high levels of intelligence are found commonly across mammals and vertebrates, and that cetacean intelligence is qualitatively no different than other vertebrates. Evidence:1. P.R. Manger, Questioning the interpretations of behavioural observations of cetaceans: is there really support for a special intelligence status for this mammalian order?, Neuroscience (2013)

Blackfish ResponseSeaWorlds suggestion that orcas are no more intelligent than many other vertebrates (a taxonomic group that includes lizards, hummingbirds, frogs and so on) is a perfect example of how SeaWorlds twists scientific evidence. SeaWorld cites Manger et al. but ignores Marino et al. (with co-authors such as Richard Connor, Louis Herman, David Lusseau, Luke Rendell and Hal Whitehead), which was a rebuttal of this highly controversial paper a paper that has been largely rejected by the marine mammal science community. Moreover, dolphins (killer whales are large dolphins) are one of only a handful of species that has demonstrated self-awareness via the mirror self-recognition test. This alone puts killer whales in a special group that includes most prominently humans and great apes. This suggests that killer whales, more than most species, have a more developed understanding of the nature of captivity.The idea that killer whales are no more intelligent than many other vertebrates in general is also incongruous with SeaWorlds own depiction of its killer whales as magnificent and highly intelligent in their literature, in their marketing, and in their sworn testimony.

27. 26:29 Photo of mass stranding. The whales depicted in the photograph are pilot whales, not killer whales.

Blackfish Response

The film never says otherwise. The film is illustrating mass strandings, which do occur with several species of cetaceans, including killer whales (most notably the nine killer whales who stranded and died in New Zealand this past February).

28. 27:42 Duffus: Ive spent a lot of time with killer whales and theyre always in charge, I never get out of the boat and I never mess with them. Contradicted by Garrett (24:09): What we learned is that they are amazingly friendly and understanding and intuitively want to be your companion.

Blackfish Response

These ideas do not contradict one another and the comments by Dr. Duffus and Howard Garrett are not mutually exclusive. Mr. Garrett speaks of personality while Dr. Duffus refers to the apex predator instincts of the species. Both are consistent with how human beings have come to understand killer whales.

10752.00002/208769.1 13 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 29. 28:52 Ventre: He arrived I think in 1992. I was at Whale and Dolphin Stadium when he arrived and he was twice as large as the next animal in the facility. This misleadingly suggests that Ventre was present at Tilikums arrival at SeaWorld in 1992. However, killer whales are housed at Shamu Stadium, not at Whale and Dolphin Stadium. By his own admission, when Tilikum arrived in 1992, Ventre did not work at Shamu Stadium and he had no firsthand knowledge of Tilikums arrival.

Blackfish Response

Dr. Ventre recalls his experience of working at SeaWorld when Tilikum arrived. SeaWorld is implying that if a trainer did not work at Shamu Stadium, then they cant know how big Tilikum was when he arrived. This is not a logical assumption, and in fact, everything Dr. Ventre says in this quote about Tilikum is factual.

30. 29:08 Jett: Tilikum was raked upon arrival at SeaWorld, with implication that killer whales are not raked in the wild. The assertion regarding Tilikum is misleading, and the implication is false. Tilikum was not immediately introduced to the other whales upon his arrival at SeaWorld. When he was introduced, he did not receive rakes right away. As social hierarchy was established, in order to establish dominance, the females did on occasion give Tilikum superficial rake marks, none of which affected his health. The raking stopped within a few weeks. Ultimately, the females bred with Tilikum. There is scientific evidence that raking occurs in the wild (see nos. 43 and 44, infra), and that because whales generally travel in pods, whales do not run away from their pod to escape raking. Evidence: Ingrid Visser Paper (1998) (See BF Index #38)

Blackfish Response

Once again, having worked with Tilikum, Dr. Jett is qualified to speak of his first-hand experiences with Tilikum. His claims regarding Tilikums treatment by the other whales are corroborated by multiple trainers and help explain why Tilikum was and continues to be separated for prolonged periods from the other animals.As for SeaWorlds characterization of raking in the wild, this varies depending on the population. Some populations, such as the residents in the Pacific Northwest, have very few rake marks. Other populations, such as some in New Zealand, have more rake marks. Icelandic whales appear to be more like Pacific Northwest whales than New Zealand whales in this regard. SeaWorlds whales are either from Iceland or the Pacific Northwest. Therefore, comparing these animals and their behavior to New Zealand whales is not meaningful.Also, due to the necessity of having certain whales available for shows, SeaWorld constantly moves their whales around and this likely interferes with the whales ability to work out a dominance hierarchy and puts a constant strain on their social situations. They don't get to choose their social companions; management does that. This is wholly unnatural for the animals and causes tremendous social strife.

10752.00002/208769.1 14 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 31. 31:21 Ventre: we werent given the full details of Kelties situation. This is false. Ventre joined SeaWorld in 1987, four years before Tilikums arrival. All new trainers, including Ventre when he was transferred to work with killer whales years after Tilikums arrival, received the Tili Talk, which included Tilikums history. New trainers must complete the Shamu Stadium Orientation Checklist that tests their mastery of necessary skills. They must also demonstrate an understanding of SeaWorlds Animal Training SOP (standard operating procedures), including a dedicated chapter on Tilikum-specific protocols. Eventually, new trainers sign a form stating their understanding of the SOP. Each year, they must review and re-sign the SOP. In no case may a trainer with fewer than eighteen months experience have close contact with a whale, nor may a trainer with fewer than three years experience work without the supervision of a senior trainer. Once a trainer is assigned to a whales team, he must familiarize himself with its profile and incident reports and may only progress from non-tactile to tactile work depending on senior trainers approval. Because Mr. Ventre was permitted to work with Tilikum, he was responsible for complete knowledge of Tilikums history, including the incident at Sealand of the Pacific. Evidence:1. Shamu Stadium Orientation Checklist (See BF Index #27)2. Tilikum Animal Profile (See BF Index #30)3. SeaWorld Animal Training SOP Section XI Tilikum Protocol (See BF Index #32) 4. References in OSHA Trial Record to Tilikum and his protocols (Testimony of Schaber, Grove & Mairot) (See BF Index #25, #10 and #14)

Blackfish Response

The Tilikum protocol and the script for the Tili Talk are part of the materials that were turned over during discovery for the OSHA hearing in Sanford. While the Tili Talk makes clear that Tilikum has a history of being possessive of items in the water and that should a trainer find him/herself in the water with Tilikum, you will likely not survive, the actual history of what happened at Sealand is not recounted. In fact, as Chuck Tompkins of SeaWorld testified, SeaWorld never separately investigated what actually happened with Keltie Byrne. SeaWorld refers solely to the verdict of the coroners jury when considering what happened at Sealand. Having done that, whats of greater concern is that SeaWorld does not actually include those details in the Tili Talk.

10752.00002/208769.1 15 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 32. 31:35 Berg : I was under the impression that Tilikum had nothing to do with [Keltie Byrnes] death. This is false. At the time of Tilikums arrival, all trainers and zoological personnel (which included Ms. Berg) received a memo discussing the circumstances of Keltie Byrnes death: Haida, Nootka and Tilikum were involved in an incident at Sealand of the Pacific, Ltd. in which a trainer fell into the pool with the animals, could not be rescued because of the animals activity and drowned. In addition, Ms. Berg was a named plaintiff in a 2011 federal court lawsuit, along with PETA, on behalf of Tilikum and four other killer whales. Ms. Bergs Complaint in that action (paragraph 92) directly contradicts her statement in the Film: As an associate orca trainer . . .Ms. Berg was not permitted to conduct direct training with Plaintiff Tilikum due to his known aggression towards humans. Evidence:1. 1/6/93 Memorandum from Brad Andrews (See BF Index #1)2. Complaint in Tilikum et al v. SeaWorld Parks & Entertainment, U.S. District Court for the Southern District of California, Case No. 11-CV-2476 JM WMC (October 25, 2011) (See BF Index #22)

Blackfish Response

Nothing SeaWorld quotes here contradicts Ms. Bergs statement. The memo they cite Haida, Nootka and Tilikum were involved in an incident at Sealand of the Pacific, Ltd. in which a trainer fell into the pool with the animals, could not be rescued because of the animals activity and drowned is singularly uninformative and mis-states how Keltie Byrne ended up in the pool. They omit the fact that she was pulled in (a perfect example of how SeaWorld massages the facts and did not convey accurately the circumstances of the Byrne tragedy). In addition, this memo was actually written in 1993. Ms. Berg was at Shamu Stadium in 1992 and therefore could not have seen it. Ms. Bergs statement that she was under the impression that Tilikum was not directly involved in Ms. Byrnes death is also not contradicted by the quote from the lawsuit mentioned, as this was the rationale for not allowing associate trainers to interact with Tilikum. Ms. Berg was left with the impression that this was less because of anything Tilikum had done himself and more because of what had happened at Sealand while he was held there. As mentioned before, SeaWorld bought Tilikum as a breeding and performance whale after the tragic incident of Keltie Byrnes death. There exists the suggestion that SeaWorld may have had a vested interest in underplaying Tilikums direct role in Byrnes death an incident SeaWorld admittedly never investigated.

33. 31:35 Bergs account of a trainer being yelled at for walking near Tilikums pool with wet suit unzipped. It has always been SeaWorlds area safety protocol that a trainer walking around or near any of the whale pools must have a zipped up wet suit; this was not a policy instituted solely with respect to Tilikum. The screen shot at 31:55 depicts two trainers whose wetsuits are completely zipped up. Bergs account demonstrates that supervisors had a heightened awareness around Tilikum. The incident with the wetsuit demonstrates that the supervisors made this awareness very clear to all personnel present. Evidence:1. Shamu Stadium Orientation Checklist (wetsuits zipped poolside) (See BF Index #27)

Blackfish Response

Ms. Berg was describing that after what she had been told about Tilikums involvement in Ms. Byrnes death, she was surprised at the way management reacted to a trainer walking across a gate with her wetsuit down. While it was protocol for wetsuits to be zipped up, Ms. Berg recalls that many senior trainers and supervisors ignored this rule on occasion.Ms. Berg claims she actually downplayed the event for the film. The supervisor yelled, appeared panicked and used an expletive and Ms. Berg felt that he feared for the trainers life. This seemed an overreaction, given that she had been told that Tilikum hadnt killed Ms. Byrne, but merely carried her body around after she was already dead.

10752.00002/208769.1 16 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 34. 32:47 Trainer in red wetsuit in the water, then cuts to segment showing a large whale jumping. The whale is Tilikum in the show pool, and gives the impression that the trainer is in the water with Tilikum. By splicing together two disparate pieces of film, the viewer is misled into thinking that the trainer in the red wetsuit was in the water with Tilikum. This casts SeaWorld in a false light, misleading the audience into believing that SeaWorld trainers swam with Tilikum, which never occurred. From the date that Tilikum arrived at SeaWorld in 1993, SeaWorld had special safety protocols for the care and handling of Tilikum which prohibited any employee from swimming with Tilikum at any time. No water work (except for the desensitization safety training conducted with Tilikum in a controlled environment prior to February 24, 2010 in pools equipped with a lift floor) was ever done with Tilikum.

Blackfish ResponseThis is SeaWorlds interpretation of a segment of the film. Tilikum was a non-waterwork whale and the film does not state otherwise.

35. 33:04 Berg: Tilikum lunged at trainer Liz Morris (now Thomas). This is false. Tilikum never lunged at trainer Liz Morris. In the late 1980s, before Tilikum arrived at SeaWorld a male killer whale named Kanduke lunged at Ms. Morris.

Blackfish ResponseMs. Berg remembers this incident very clearly and remembers that the animal in question was Tilikum. There is no reason to assume that this incident is not accurate simply because there is no corporate incident report. SeaWorlds own animal profile for Tilikum notes that he is known to lunge at the control trainer. These lunges do not always appear in the corporate incident reports. In fact many incidents never get written up, a fact admitted by Chuck Tompkins of SeaWorld when he testified during the OSHA hearing that we missed a few incidents in the corporate incident log. SeaWorld brings up an important note: Kanduke apparently also came out of the water at Liz Morris. He was also a killer whale who lunged at control trainers. He was also a killer whale with a history of aggression with whom trainers were not allowed to swim. There have been and are still several whales deemed too dangerous to swim with. Tilikum isnt the only one.

36. 34:19 Ventre: Tilikum lunged at Liz Morris, and he was instructed to destroy his tape of the incident. This is false. Kanduke incident occurred before Ventre worked at Shamu Stadium. Tilikum never lunged at trainer Liz Morris. SeaWorld management never told Ventre (and would never tell any trainer) to destroy a tape.

Blackfish ResponseDr. Ventre remembers this event clearly. He was making the 8mm tape to share with SeaWorld San Diego. The entire Shamu crew watched the film after the show. When Chuck Tompkins saw Tilikum lunge toward a trainer, Dr. Ventre remembers Mr. Tompkins looked visibly disappointed that the perfect show was not usable as there was always a big ego competition between SeaWorld Orlando and SeaWorld San Diego. Dr. Ventre remembers using two Sony Hi8 players to delete the lunge in order to render the clip usable. To suggest this did not happen is simply trying to wish away another inconvenient fact.

37. 33:42 Kelly Clark rape testimony. This is misleading. Ms. Clark testified for three days at the OSHA hearing. Film uses this one sentence of testimony to evoke emotional bias, and omits all of Ms. Clarks testimony regarding the lack of whale aggression.

Blackfish Response

Ms. Clark did make this statement and the statement is in context. When asked whether Tilikum was capable of pulling a trainer into the water Clark responded that her OSHA cross-examiner was capable of rape. SeaWorld may not have liked this unpleasant redirect when it happened in the courtroom but the film was perfectly factual about this.

38. 36:39- 39:26 Separating calf from mother Kalina was disruptive to her mother and the other whales, and at the age of 4 12 was moved to another park. The Film misleadingly depicts a calf that is only days old, not 4 12 years old.

Blackfish Response

SeaWorlds view of disruptive is not substantiated by any biological, behavioral, or natural history information. What SeaWorld is saying is that Kalina disrupted her mother during shows. Calves at that age in the wild are very active and can be disruptive. This is normal and natural and the solution in wild orca society is to tolerate it, just as it is in human society. Instead of giving Kalina the time and space to mature through this phase, SeaWorld made the integrity of its shows a priority over the integrity of the mother-calf bond, and shipped Kalina off to another park. Children are not permanently sent away to another household if they are disruptive at 4-5 years of age and it is similarly obvious that the practice is damaging and entirely unadvisable for orcas. This was a decision on SeaWorlds part that was inappropriate. It is unnatural when they separate mothers and calves, at any age.

39. 38:05 Separating Kasatka (mother) and Takara (daughter). Separation occurred at SeaWorld San Diego in April of 2004 when daughter Takara was 12 years old.Takara, at the time of the move, had her own calf, Kohana, who went with her to Orlando. At the time of the move, John Hargrove was not even working for any SeaWorld park, much less Sea World San Diego. By that point, he had not worked for SeaWorld in 3 years.

Blackfish ResponseSeaWorld has attempted to downplay these traumatizing events by saying they don't separate mothers from their calves, and that Takara was 12 when they took her away from her mother Kasatka. SeaWorld further suggests that it was proud to have sent Takara to Florida with her own calf, Kohana. What they fail to tell you is the rest of this story:

Kohana was indeed sent with her mother Takara to Florida but at only three years of age they then took her from Takara and sent her to Spain. There, they bred her unnaturally young. By the age of eight she had already given birth to two calves. With no mother or matriarchal figure to teach her how to be a mother she rejected both calves. The second died within a year.

Evidence exists that Takara and Kasatka were still traumatized long after their separation. Years later, simply hearing one anothers recorded vocalizations was visibly distressing to both animals.

Takara was still Kasatkas calf. In fact, she had been allowed to form a more natural bond with her mother by being left with her for 12 years. SeaWorld simply does not exhibit an understanding of the natural history of these animals.

The issue is not what age SeaWorld separates calves or offspring from mothers. The issue is that the separations occur at all. In the wild, most offspring stay with their mothers for many years, and family bonds are central to orca culture and social organization. It is as traumatic to separate a 12-year-old orca from her mother as it is to separate a 6-year-old orca from his mother as it is to separate a 3-year-old orca from his mother as it is to separate a newborn orca from her mother. SeaWorld seems to think it is only a problem to separate a newborn from its mother (and yet they do this too, when the mother abnormally rejects her calf), but in fact it is traumatic to separate any aged offspring from his or her mother in orca society.

10752.00002/208769.1 17 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 40. 38:05 Hargrove: SeaWorld brought in a scientist to analyze the vocals. They were long- ranged vocals . . .looking for Takara. This is false. SeaWorld did not call in a scientist to analyze Kasatkas vocals. There is no evidence, scientific or otherwise, that these were long ranged vocals . . .looking for Takara. During this narration, the Film shows footage of a killer whale, leaving the viewer with the impression that the whale is Kasatka. The whale is at what appears to be underwater viewing glass and is opening and closing its mouth, which leaves the impression that the whale is vocalizing and otherwise calling for Takara. However, this footage is not Kasatka, nor was this even taken at SeaWorld San Diego, which is where Kasatka lives. In fact, whales do not vocalize through their mouths. Rather, they vocalize through their blowholes. John Hargrove was not working for SeaWorld at the time of Takaras move, and would not have known what behavioral reaction, if any, Kasatka had to Takaras move.

Blackfish ResponseSeaWorld is assuming that trainers do not communicate with each other when they are not at the same park. Mr. Hargrove was in communication with friends and colleagues during his years at Marineland Antibes. Mr. Hargrove also came back into the SeaWorld corporation to Shamu stadium at SeaWorld of Texas. He was privy to the history of Takara since he had worked closely with her in California and would now be working with her and swimming with her in Texas. SeaWorld's own management team from Shamu stadium in California communicated this important information to him as a Senior 1 trainer at Shamu stadium in Texas.

41. 41:05 Garrett: We knew by 1980, after half a dozen years of the research, that they live the equivalent to human life spans. This is false. There is no scientific evidence to support Garretts assertion. The most recent study on life expectancy of southern resident killer whales is that females live on average between 30 and 46 years and males 19 to 31 years. Evidence:1. Paper from the Canadian Science Advisory Secretariat; (See BF Index# 4)2. orcahome.de/lifeexpectancy.htm: Researchers have determined an average life expectancy for wild killer whales of about 30 years for males and 50 years for females.

Please see Blackfish Response #25.

42. 41:31 Ventre: Dorsal collapse happens in less than 1 percent of wild killer whales. We know this. This is false. There is no scientific evidence to support this claim of less than 1 percent. To the contrary, there is scientific evidence that nearly one-quarter of adult male southern resident killer whales in the wild have collapsing, collapsed or bent dorsal fins. Evidence:1. Ingrid Visser Paper (1998) (See BF Index #38)

Blackfish ResponseSeaWorld has misrepresented the science on this for years. Full dorsal fin collapse is rare in the wild; as Dr. Ventre says it is less than 1%. It is not even close to one-quarter. The paper SeaWorld cites is a paper about one population of New Zealand whales (not Southern Resident whales), in which one-quarter of the adult males in a single family (that is, seven individuals) have wavy or misshapen fins, not fully collapsed fins almost certainly from a genetic anomaly. In fact, by simple observation of hundreds of killer whales in several different populations, less than 5% of adult males have fully collapsed fins, where the fin wraps over the back of the animal. SeaWorld fails to mention that in captivity, 100% of adult males have fully collapsed fins.

10752.00002/208769.1 18 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 43. 42:19 Marino: A lot of violence that you dont ever see in the wild. This is false. There is scientific evidence (including photographs) of orca-on-orca raking in the wild. Evidence:1. Ingrid Visser Paper (1998) (See BF Index #38)2. Balcomb III, et al Technical Report: Killer Whales of Southern Alaska photos (See BF Index #3)

Please see Blackfish Response See #44

44. 43:29- 43:56 Single example of a whale dying in captivity from whale-on-whale aggression with implication that this does not occur in the wild. This implication is false. There is scientific documentation of whale-on-whale orca aggression in the wild. Evidence:1. Ingrid Visser Paper (1998) (Scarring on cetaceans has been recorded for a wide range of species with many of these scars attributed to inter-male aggression [citation omitted], but prolific scarring has also been reported on females of some species. [citations omitted]. The extensive scarring of the two adult male killer whales reported here cannot be positively attributed to one sex or the other, but it is highly probable that conspecifics [the same species] caused the parallel tooth rakes, due to the spacing of the rake marks. Scheffer (1969) reports a killer whale marked with regular lines suggesting scars made by the teeth of another killer whale. . . It is likely that any other killer whale involved in a mutually aggressive interaction would also show some scarring. . .Rake marks from killer whales are not uncommon on other species of cetaceans, e.g., . . . humpback whales, . . . gray whales, . . .bowhead whales. These scars all resemble those reported on the two adult male killer whales in this paper.

10752.00002/208769.1 19 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content Blackfish ResponseSeaWorld cites a paper talking about two individuals in the wild with rake marks as evidence that aggression is common in the wild. However, rake marks on two animals are in no way comparable to some of the intense whale on whale violence documented at SeaWorld, which includes an incident where one captive whale rammed another so violently she broke her own jaw and severed an artery and died, a whale that lost a dinner-plate sized piece of its jaw as a result of trying to flee aggression, and a male killer whale that inflicted a severe bite on the penis of another male to name a few. In addition to the intensity of the violence, it is clear that some killer whales, such as Tekoa at Loro Parque, experience routine and frequent aggression, resulting in a multitude of visible rake marks. Numerous trainers have made clear that SeaWorld has to work daily to manage the social conflicts within its artificial killer whale groupings, and sometimes the conflicts are severe enough that whales are moved to other parks in the SeaWorld system.

45. 43:57 47:29 Video footage of John Sillick whale incident in 1987 (26 years ago). Jett: I saw that there was just a lot of things that werent right and there was a lot of misinformation. Berg: John Sillick was the guy who in 1987 was crushed between two whales at SeaWorld of San Diego . .. and the SeaWorld party line was that was a trainer error. Gomersall: It was Johns fault and he was supposed to get off that whale. And for years I believed that and I told people that. Ventre: We werent told much about it. Other than it was trainer error. . . Gomersall: Years later you look at the footage and you go, you know what, he didnt do anything wrong. None of the trainers critiquing this incident worked at SeaWorld San Diego or were present for this incident. The rehearsed routine called for the trainer to ride once around the perimeter of the pool on the back of the whale. Making a poor judgment call based on the routine, Mr. Sillick decided to ride a second perimeter facing backward -- and took the whale around a second time. This act threw off the timing of the send signal given to the other whale, which performed the behavior exactly as requested, resulting in the accident, not an act of aggression. The footage is misleading because it does not show what occurred in the stadium prior to the incident, it does not explain the rehearsed routine for the behavior, and it fails to disclose that the trainer failed to get off the whale after the first perimeter. These omissions enable the cast to falsely claim that SeaWorld is guilty of misinformation, that Mr. Sillick didnt do anything wrong, and that the incident was an act of aggression. Jeff Ventre admitted in a November 16, 2011 email directed to OSHA Trial Lawyers John Black and Tremelle Howard-Fishburne and OSHA Investigator Lara Padgett, that the Sillick accident was not even an act of whale aggression. He goes on to say that It was a trainer being in the wrong place and getting smashed while riding a whale. Nevertheless, the Film portrays the incident as an act of aggression. Following this 1987 incident, and throughout the 26 years since, SeaWorld has developed and incorporated formal protocols for all waterwork interactions to minimize trainer discretion with respect to rehearsed routines. Evidence: Jeff Ventre November 16, 2011 email. (See BF Index #40)

Blackfish Response

First, SeaWorld repeatedly suggests that trainers who were not working at a particular park are not qualified to discuss an incident at that park. However, SeaWorld also claims that all of its corporate incident reports are reviewed periodically by all of its trainers as part of their training protocol. Therefore, all of their trainers should be qualified to discuss all corporate incidents, regardless of which park was involved. Second, SeaWorld actually confirms the statements of the trainers that SeaWorld believes this incident was the result of trainer error. Third, none of the quotes SeaWorld offers actually make the claim SeaWorld is accusing the film of making that the incident with John Sillick was an act of aggression by the whale. In fact, the quotes simply make the claim that Mr. Sillick was not to blame for his injury that he did nothing wrong. It is the opinion of the four trainers quoted here that Mr. Sillick did nothing wrong. SeaWorld disagrees.

10752.00002/208769.1 20 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 46. 47:26 Home video footage of incident between trainer Tamarie Tollison and Orkid. Video footage shows that Ms. Tollison broke SeaWorlds safety protocols, including interacting with a killer whale (Orkid) without a spotter, and repeatedly stepping on Orkids rostrum. The Film misleadingly portrays this incident as an act of whale aggression, when the incident could have been avoided entirely had the trainer followed SeaWorlds protocols.

Blackfish ResponseThe film did not misrepresent this incident. In fact, Mr. Hargrove clarifies that Tamarie Tollison made a mistake and was lucky to be alive. However, just because the incident was the result of a trainer breaking protocol does not mean the whales reaction to that error is not aggression. Orkids behavior was in fact aggression. And in fact both Splash and Orkid exhibited aggression in this incident. After Orkid pulled Ms. Tollison in, Splash bit her arm resulting in the massive compound fracture we see clearly in the film.

47. 49:13 Footage of employee at SeaWorld San Diego riding a killer whale while wearing a bikini. This occurred in 1971 42 years ago at a time when SeaWorld was owned by the original owners (the first of three prior owners), and prior to the current safety protocols that have long been in place. This employee was a secretary, not a trainer, and the event was a publicity stunt/photo opportunity. No such incident could possibly occur at SeaWorld today.

Blackfish Response

In 2006, four years before the death of Dawn Brancheau, NBC reporter Peter Alexander swam with, hugged, and jumped off a killer whales back at SeaWorld San Diego (a killer whale who had a history of aggression toward trainers). Again, Blackfish deliberately delves into SeaWorlds 40-year history as it serves to shed light on tragic events that have occurred more recently. This is a history Corporate SeaWorld bears responsibility for and the implication that because that incident was 42 years ago it would not have happened today, is clearly false. Finally, Blackfish was made in large part because a senior SeaWorld trainer was killed. That happened in todays SeaWorld. It is surprising that SeaWorld would continue to make ironclad assumptions about what can or cant happen when captive killer whales are in close proximity to humans. Blackfish suggests this is not a safe assumption, a conclusion that is also reflected in the repeated legal affirmations of OSHAs original citation of SeaWorld for putting its trainers at risk.

10752.00002/208769.1 21 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 48. 49:23 Berg: I believe that its 70 plus maybe even more, just killer whale/trainer accidents. Visual: documents purporting to be incident reports. This is inaccurate and highly misleading. The Film makes it appear that the depicted documents are incident reports relating solely to SeaWorld. However, the document depicted in the visual is an index maintained by a third party (not SeaWorld), and it refers to other parks in addition to SeaWorld. For example the very first entry says Windsor Safari Park, England (not affiliated with SeaWorld) which closed in 1992. Most of the entries on the list relate to the 1980s. Sea World Corporate Curator Charles Tompkins testified during the OSHA hearing that SeaWorld had 98 documented incidents involving its parks and its killer whales during the 21 year time period of 1988 to 2009. As Mr. Tompkins explained, the fact a situation was called an incident does not mean that it involved whale contact with a trainer or trainer injury for that matter. In fact, of those 98 incidents, only 12 incidents in 21 years involved actual injury to a trainer. Mr. Tompkins further testified that the number of incidents decreased over time as SeaWorlds safety program became more sophisticated: Sea World Orlando hadnt experienced any incident for 5 years before the tragic incident with Ms. Brancheau. The Film misleadingly fails to disclose that evidence. Evidence:1. OSHA Hearing Testimony of Charles Tompkins Tr. 369-376; 487. (See BF Index #33)

Blackfish ResponseSeaWorld submitted reports on more than 70 incidents for the OSHA hearings. These reports totaled more than 100 and the time frame SeaWorld cites (1988-2009) conveniently excludes all incidents prior to 1988 (which includes three near-fatal incidents in 1987), and subsequent to 2009 (which of course excludes the deaths of both Alexis Martinez and Dawn Brancheau). Moreover, as noted earlier, during the OSHA appeal SeaWorlds Chuck Tompkins (the Corporate VP of Animal Training) acknowledged that some number of incidents were never written up in incident reports. Former and current SeaWorld trainers interviewed by the Blackfish production team have made clear that in fact MANY injuries and incidents were never formally documented. Some believe that the total number of aggressive incidents between SeaWorlds killer whales and its trainers could number in the high hundreds. Dawn Brancheaus tragic death is a perfect example of how SeaWorld is not rigorous in its incident reporting. To our knowledge a formal incident report analyzing her death has still never been created or shared with SeaWorlds training staff. With regard to incidents at other parks, SeaWorld Orlando attempted to claim in court testimony that what happens at other SeaWorld parks or parks supervised by SeaWorld employees is irrelevant to what happens in SeaWorld Orlando. However, Judge Welsch ruled that what happens at other parks is in fact highly relevant to SeaWorld Orlando, as the legal standard is the industry norm. SeaWorld Orlando should have realized the risk of working with whales based on what happens at all their parks and with all their killer whales whether in the U.S. or abroad.

49. 50:30 Video of John Hargrove with bloody face. Film implies that Hargrove was injured by a whale. This footage is misleading because Hargroves injury had nothing whatsoever to do with any whale. Hargrove was doing a footpush into a stage slide and when he slid across the stage, he hit his head on the concrete slideover because he didnt perform the maneuver correctly. In the correct maneuver, the trainer would keep his head up as he enters the slideover area. Hargrove basically dove into the concrete, injuring himself.

Blackfish ResponseMr. Hargroves injury directly involved a whale and SeaWorld documentation supports this. The maneuver he was performing started with propulsion from a 8000 lb. whale moving at rapid speed which resulted in him slamming into the concrete slideover. To claim it had nothing to do with any whale is false. In short, as the former trainers in the film state, SeaWorld continues to blame trainers for their own injuries.

10752.00002/208769.1 22 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 50. 51:09 Ken Peters incident. Duffus: The whale jumped over [the net] and came right after him. As can be seen in the video, Duffus statement is not accurate. The whale (Kasatka) crossed over but did not jump over the net, and did not come after Peters once Peters crossed the net. The whale did not even swim all the way to the slideout.

Blackfish Response

Kasatka without question came over the net. This was the net that the whale was supposed to see as a barrier and not come over. And regardless of how SeaWorld chooses to try to spin and minimize Kasatkas behavior, it is clear that Mr. Peters believed she was coming after him, because despite his severely injured foot he jumped up and tried to scramble away when he saw Kasatka come over the net.

51. 55:12 Daniel Dukes incident. Ventre: Well, all I know is the public relations version of it. . . he climbed the barbed wire fence around the perimeter and stayed after hours. Ventre was no longer employed at SeaWorld at the time of this incident in 1999, so he has no personal knowledge of the facts. His assertion of a public relations version is false and misleading. The official Sherriffs report includes a detailed timeline of the events: SeaWorld employees first noticed Dukes in the pool around 7:20 am. 911 was called at 7:25 am and an officer was dispatched to SeaWorld at 7:26 am. When the sheriff arrived the body was still in the pool on Tilikums back. There was no barbed wire fence. Evidence:1. Orange County Sheriffs Office Investigators Report (See BF Index #19)

Blackfish Response

Once again, SeaWorld is agreeing with what the film says but is presenting it as a rebuttal. Dr. Ventre clarifies he was not there when Daniel Dukes was killed. He is recounting his recollection of what he learned about the incident. Moreover, John Hargrove was a trainer at Shamu stadium in California when this happened and agrees with Dr. Ventre's assessment of what was being communicated to trainers about the Daniel Dukes incident at the time.

52. 55:44 Daniel Dukes incident. Jett: Perfect storyline suggesting that SeaWorld concocted a story. A mentally disturbed guy hides in the park after hours and strips his clothes off and decides he wants to have a magical experience with an orca and drowns because he became hypothermic. Jett was no longer employed at SeaWorld at the time of this incident in 1999, so he has no personal knowledge of the facts. The implication that SeaWorld concocted a story is false and designed to cast SeaWorld in a negative light. In fact, as set forth in the official sheriffs investigative report, Dukes was mentally ill and had a criminal history. He had just gotten out of jail two days before he came to SeaWorld. He had undressed, and his clothes were found on the north side of the pool deck. He had put on a swimsuit. The cause of death was determined by the Medical Examiner to be an accidental drowning. Further demonstrating the falsity of the Films claim that Dukes death was a case of whale aggression, Naomi Rose, Ph.D. of the Humane Society of the United States, an outspoken critic of SeaWorld, was quoted as saying since the body was found on Tilikums back, its unlikely the whale was behaving aggressively. . .The whale was probably playing with the man and continued to play with the body after the man died. Evidence:1. Orange County Sheriffs Office Investigators Report (See BF Index #19) 2. Orlando Sentinel Article dated July 7, 1999 (See BF Index #21)

Blackfish ResponseDaniel Dukes autopsy report is publicly available. This was not an accidental drowning. The forensic evidence very clearly shows that Tilikum inflicted pre-mortem and post-mortem wounds on Mr. Dukes body. What his motivation was or his level of aggression at the time was unknown. A captive whale does not have to be acting in an aggressive manner to kill a human being. As Blackfish simply states, Tilikum killed Mr. Dukes and SeaWorlds statements subsequent to Mr. Dukes death seemingly aim to once again minimize Tilikums role in a human death.

10752.00002/208769.1 23 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 53. 56:00 Ventre: He was not detected by the night watch trainers who were presumably at that station. This is false. In 1999, there was no night trainer or watchperson stationed at Tilikums pool. Rather, there was a night watchman responsible for walking the entire perimeter of the stadium and pools. Evidence:1. Orange County Sheriffs Office Investigators Report (See BF Index #19) 2. Orlando Sentinel Article dated July 7, 1999 (See BF Index #21)

Blackfish ResponseSeaWorld is claiming here that there was a night watchman making rounds. Missing a body in the pool for many hours seems highly unlikely and that no evidence of any activity was captured on SeaWorlds multiple cameras seems also highly unlikely. That nobody checked on Tilikum between 10pm and 7am seems improbable given SeaWorld's own protocols. That is what Drs. Ventre and Jett are suggesting in the film. Mr. Hargrove notes that a calf had just been born less than a month prior to this incident. Mr. Hargrove further states that not having any trainers there observing the mother (Kalina) and a newborn calf (Tuar) at night would go against any SeaWorld protocol he has ever followed.

54. 56:07 Jett: There were cameras all over the back of Shamus Stadium, pointing every which way. . .I find it hard to believe that nobody knew until the morning that there was a body in there. This is false. There were no cameras pointing to the back area at Shamu Stadium. In the various still photographs used in the Film at 56:10, there is no photograph of the back area of the stadium. Evidence:1. Orange County Sheriffs Office Investigators Report (See BF Index #19) 2. Orlando Sentinel Article dated July 7, 1999 (See BF Index #21)

See Blackfish Response #53

10752.00002/208769.1 24 BLACKFISH ANALYSIS: Misleading and/or Inaccurate Content 55. 56:30 Ventre: The public relations spin on this was that he was kind of a drifter and died of hypothermia but the medical examiners reports were more graphic than that. This is false. There was no public relations spin. The official Orange County Sheriff Investigators Report indicated that Dukes was a transient who was arrested for retail theft and spent three days in jail in Vero Beach, Florida and was released two days before arriving in Orlando where he was observed at SeaWorld (due to strange clothing and lack of personal hygiene) the day before his death. The Report further provided that at 7:20 am on July 6, 1999, SeaWorld employee Michael Dougherty headed to the underwater viewing area where the fitness facility is located when he noticed human legs in the tank with Tilikum. He knew this was a problem because of SeaWorlds safety protocol that no one is allowed in the water with Tilikum. Dougherty alerted security. At the same time, Arturo Cordoba, another employee charged with cleaning the pools and deck was on the deck and observed a white male on the back of Tilikum. Orange County Sheriff was contacted immediately and arrived on the scene while Dukes was still on the whales back. The cause of death was determined by the County Medical Examiner to be drowning and the manner of death to be an accident. Evidence:1. Orange County Sheriffs Office Investigators Report (See BF Index #19)

Blackfish ResponseThe autopsy report was certainly more detailed and disturbing than the description offered here by SeaWorld. Notably SeaWorld does not cite the autopsy report, only the sheriffs report.

56. 57:22 Jett: So why keep Tilikum there? This guy . . his proven track record of killing people . . .he is clearly a liability to the institution. The statement proven track record of killing people is false and highly misleading. Regarding Keltie Byrne, the verdict of the Coroners Jury did not find that Tilikum was the instigator or more responsible than the other whales. Regarding Dukes, there is no evidence of what happened to Dukes other than the Medical Examiners finding that Dukes accidentally drowned.

Blackfish Response

There were eyewitnesses to the Keltie Byrne incident that were not considered by the coroners jury (this was the reason Blackfish included Ms. Cowells and Ms. Kallens interview). Mr. Dukes autopsy report offers considerable forensic evidence that Tilikum was actively involved in his death. SeaWorlds implication that the lack of eyewitnesses means we cannot know what happened to Mr. Dukes beyond the sheriffs report is completely unreasonable. Forensic science is entirely based on determining what happened (e.g., cause of death) when there are no witnesses.

57. 58:21 Family Tree of breeding by Tilikum. There is no scientific or other evidence linking the few incidents of whale aggression at SeaWorld to a whales genetic connection to Tilikum.

Blackfish Response

SeaWorld has repeatedly bred Tilikum, a whale that has a history of killing people. By their own admission, if you end up in the water with Tilikum, you will likely not survive. This would be considered irresponsible breeding by any dog kennel or horse farm. One does not continue to inject questionable genes into a gene pool. SeaWorld never addresses this simple fact and it continues to be of great concern that any institution would take this chance.

58. 59:31 Loro Parque sequence. This emotional part of the Film falsely implies that SeaWorld was involved in a cover- up to hide the circumstances surrounding the trainers death. SeaWorld leases whales to Loro Parque for breeding and display purposes, and supplies a trainer to Loro Parque to provide oversight of the traini

Blackfish Response to SeaWorld 69 Critique

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