The Consequences of France’s Cetacean Ban and the Marineland Closure

John Dineley, Zoological Consultant

Abstract

The closure of Marineland Antibes, following France’s legislative ban on the keeping and breeding of cetaceans, has left a number of dolphins and killer whales in an uncertain situation. This commentary examines the origins of the ban, the subsequent welfare and management implications, and the broader challenges faced by European zoos in navigating policy driven by activism rather than animal welfare science. The case also highlights the limitations of so-called “sanctuaries” and the complex regulatory environment surrounding cetacean management within the European Union.

Introduction

The recent closure of Marineland in France illustrates a growing problem in the management of captive cetaceans across Europe. This situation has arisen primarily from the French government’s decision, influenced by animal rights lobbying, to prohibit the keeping and breeding of cetaceans in captivity. The legislation also banned public training displays, rendering the continued operation of Marineland financially unviable.

Following the closure, the French authorities blocked several attempts by the owners to relocate the animals abroad, most recently to two facilities in Spain. The result has been a group of dolphins and whales left effectively in limbo, unable to be transferred or displayed, and with no clear long-term welfare plan in place.

The Beauval Proposal

ZooParc de Beauval subsequently proposed the creation of a new facility to house these displaced animals. The zoo had previously expressed interest in keeping dolphins but had withdrawn such plans due to the hostile climate created by activist campaigns and uncertainty over the long-term future of cetacean husbandry in France. The new project, framed as a “dolphin sanctuary”, now provides an opportunity to reintroduce cetaceans under a more politically acceptable label.

The Killer Whale Dilemma

For Marineland’s two killer whales—a mother and her son, both born in captivity—the outlook is particularly bleak. The French government has repeatedly blocked their transfer to Loro Parque in the Canary Islands, the only European facility capable of accommodating them. A previous proposal to relocate them to a purpose-built site in Japan was also rejected.

This situation exemplifies a broader issue: animal rights activists often achieve their legislative aims but provide little in the way of realistic, long-term solutions for the animals affected. While their actions may stem from ethical concerns, the practical consequences—animals stranded in unsuitable conditions—are rarely addressed.

Lessons from the “Sanctuary” Model

Globally, there are no truly operational cetacean sanctuaries. The only high-profile attempt, established by Merlin Entertainments in Iceland, has been fraught with logistical and welfare difficulties. The two beluga whales involved were originally displayed in a Chinese aquarium later acquired by the company. Merlin sought to reposition itself through a high-visibility public relations exercise, transferring the animals to a supposed sanctuary in Iceland.

In reality, the whales remain in an indoor pool at the visitor centre, as the adjacent bay—intended to serve as the sanctuary—remains under renovation. Limited seasonal releases into the bay have led to health complications, including stomach ulcers, possibly linked to stress from exposure to the sea-pen environment. The bay can only be used during summer months; winter storms make it hazardous for both animals and staff.

This location was, notably, the same site once used for Keiko, the killer whale made famous by Free Willy. As documented by Mark Simmons in The Death of Keiko, the site was wholly unsuitable for long-term management. Keiko ultimately died of pneumonia in a Norwegian fjord after seeking human contact following release. The project’s failure demonstrates why the re-release of long-term captive cetaceans is not a viable or humane option.

Regulatory Complications within the EU

The European Union’s classification of all cetaceans as CITES Appendix I species has added further complexity. In most regions, bottlenose dolphins and even killer whales are listed under Appendix II. The EU decision was primarily motivated by efforts to control trade in whale meat, not by concerns related to zoological management. Nevertheless, it has created significant bureaucratic obstacles for legitimate inter-facility transfers, further limiting options for the Marineland animals.

Captive Successes and Ethical Realities

It is important to acknowledge that the maintenance of bottlenose dolphins under appropriate conditions has been highly successful. Many individuals now represent several captive-born generations removed from wild-caught founders. Earlier claims that dolphins could not thrive or reproduce in human care have been disproven by the development of sustainable populations in accredited zoological institutions.

Of all the cetaceans involved in this case, only two bottlenose dolphins were wild-caught, in 1983 and 1985. The remainder were born and raised entirely in captivity.

The stark reality is that if these animals cannot be relocated to suitable facilities, euthanasia may become the only remaining humane option. This outcome would represent a tragic and avoidable consequence of policy driven more by ideology than by pragmatic animal welfare considerations.

 

References

Klinowska, M. (1991). Dolphins, Porpoises and Whales of the World: The IUCN Red Data Book. Gland and Cambridge: IUCN.

Simmons, M. (2019). The Death of Keiko. Washington: One Voice Press.

CetaBase (2024). Marineland Antibes Cetacean Inventory. Available at: https://www.cetabase.org/phinventory/marineland-antibes

CetaBase (2024). Marineland France Orca Census. Available at: https://www.cetabase.org/orcensus/marineland-france/

Marine Animal Welfare Blog (2024). “Keiko and the Icelandic Bay.” Available at: https://marineanimalwelfare.blogspot.com/p/blog-page_32.html?m=1

Keywords

cetaceans, Marineland Antibes, France, animal welfare, CITES, sanctuaries, captive management, dolphin, killer whale