By Dr. Heather Rally

Anyone who followed the tragic life of Tilikum, the orca at SeaWorld who recently died, should be wondering why SeaWorld is refusing to provide specific details about what led to his death.

The corporation did tell federal officials — it is legally required to do so — that Tilikum’s cause of death was bacterial pneumonia, but all other details remain a mystery.

Necropsies, or animal autopsies, provide important information about the state of an animal’s health prior to and at the time of death. After years of reassurances by SeaWorld that Tilikum was generally in good health, at least until the last year of his life, the public deserves to know what, if any, issues contributed to the development of the pneumonia that reportedly killed him.

Did he have any other infections or any injuries?

What was the state of his heart and other internal organs?

Did Tilikum’s ground-down teeth play a role in his illness and death?

Once upon a time, the public actually did have the right to know the contents of a captive marine mammal’s necropsy report. Public display permits issued by the National Marine Fisheries Service (NMFS) under the Marine Mammal Protection Act (MMPA) routinely required that these reports be submitted.

But thanks to the lobbying of the captive-animal industry, including SeaWorld, in 1994, Congress took away the NMFS’ authority to include any permit requirement for captive animal care and maintenance, including necropsy reports.

Since then, only the aquariums, zoos and marine theme parks holding whales and dolphins have been privy to the details of the causes of animals’ deaths. Information with enormous scientific value on species that are federally protected and held in trust for the American people by the captive-animal industry has become proprietary.

Tilikum’s situation is different, however. His import permit — issued prior to the 1994 MMPA amendments — requires that a necropsy and clinical history be submitted to the government within 30 days of his death. This is because he came to the U.S. as a killer killer whale — the NMFS wanted to learn what, if anything, a necropsy might reveal when this whale, who had drowned a trainer in Canada before being imported, finally died. Given that he subsequently killed two more people, this requirement now seems highly prescient. Yet SeaWorld has not submitted the report, claiming that the amendments, which passed after the permit was issued, effectively voided that reporting requirement.

The federal government must not allow SeaWorld’s self-serving assertion to go unchallenged.

It was about a year ago when SeaWorld first announced that Tilikum was in failing health, and at 37, he is the first captive male orca who can genuinely be said to have died at an old age. This makes his necropsy report even more valuable. Bacterial pneumonia is a leading cause of death in captive orcas and is also frequently seen in stranded whales and dolphins in the wild. It is often unknown, however, whether pneumonia in wild whales is the primary cause of death or the result of debilitation from another disease process. Coupled with his detailed life history, which is typically absent for stranded animals, Tilikum’s necropsy and pathology reports could contain information that would be applicable to wild whales. Releasing these reports to the greater scientific community and to the public is simply sound science and good policy.

If any good whatsoever can come from Tilikum’s tortured existence, it’s that learning more about what killed him could prevent the same thing from happening to other orcas, both in captivity and in the wild.

SeaWorld should disclose Tilikum’s health records. If it does not, the NMFS should enforce the requirements of Tilikum’s permit, compel SeaWorld to submit the reports and make them available to the public.