Summary
On 24 February 2014, the Malibu City Council passed a proclamation recognizing that whales and dolphins “deserve the right to their own freedom and lives” and that the City of Malibu “supports the free and safe passage of all whales and dolphins” in their costal waters and “encourages citizens of the world to do all within their power to protect them and preserve the oceans in which they were destined to spend their lives.”
The proclamation also recognizes that these species are known to be highly intelligent and emotional creatures, and states that “it is every individual’s responsibility to ensure that these animals are protected in their natural environment to avoid the psychological and physiological harm and morality rates found in those living in captivity.”
The Malibu proclamation is a result of a student’s campaign against the cruelty of captivity. After watching the documentary ‘Blackfish’ on the treatment of cetaceans, 10-year-old Kirra Kotler from Malibu successfully stopped her school’s annual field trip to Sea World. Her efforts culminated in lobbying the California State Assembly to advance a bill on said cause, the Orca Welfare and Safety Act (AB2140), which outlaws capturing and holding an orca in captivity for entertainment purposes. She delivered 1.2 million signatures in support of the bill to Assemblyman Anthony Rendon, chairman of the committee overseeing the bill, which was ultimately signed into law in 2016.
Impact Statement
While the proclamation is the first of its kind in the United States, it is largely symbolic. Its aim is to bring awareness around the issues and promote behavioral change. Mayor Joan House says that “protecting our oceans is a basic value in Malibu” therefore “it is important to support measures that enhance, conserve and promote the quality of life of our ocean’s systems and marine life.”
Dolphins and whales are protected under the Marine Mammal Protection Act, a U.S. federal law that guards species populations from diminishing below ecosystem-functioning levels and protects essential habitats, but does not recognize their protection as a right to life. Since the act was passed in 1972, the U.S. government Marine Mammal Commission says that species of large whales are finally seeing population recoveries from centuries of overexploitation, but many marine mammals still face direct and indirect impacts from fisheries, habitat loss, and other human activities.
Related Initiatives
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2026. Distributed by the Eco Jurisprudence Monitor. https://ecojurisprudence.org/initiatives/malibu-whales-and-dolphins-proclamation/.
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