Despite ending breeding and theatrical shows, SeaWorld is still keeping its remaining 17 orcas in the same tanks that initially sparked international outrage over their captivity. The company has made some policy changes in response to the documentary Blackfish, including ending their orca breeding program and transitioning to educational encounters focused on conservation messaging. However, animal welfare organizations argue that the fundamental conditions leading to the controversy remain unchanged.

The orcas at SeaWorld continue to exhibit physical and psychological indicators of distress, such as dorsal fin collapse and stereotypic behaviors. Recent incidents at the parks, including injuries to trainers and the death of a young orca, have reignited the debate over the orcas' living conditions. While SeaWorld has refused to retire its orcas to seaside sanctuaries, animal welfare advocates argue that such facilities offer a more humane way for the orcas to live after decades in captivity. Efforts to pass federal legislation phasing out captivity for marine mammals remain under consideration, as SeaWorld works to reposition itself as a thrill-focused theme park.