MIAMI (CBSMiami) – Claiming that the Miami Seaquarium has not met federal regulations, animal rights activists have appealed the dismissal of a lawsuit aimed at releasing the attraction’s Lolita the killer whale.

On Tuesday, People for the Ethical Treatment of Animals announced that they had filed a lawsuit which challenged the U.S. Department of Agriculture’s automatic renewal of Miami Seaquarium’s Animal Welfare Act license, allowing it to exhibit Lolita.

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PETA claims Seaquarium is in violation of at least three of the act’s regulations. The group says Lolita is kept in a tank that is smaller than the minimum size required and has no orca companion or shelter from the sun.

Earlier this year, federal officials requested public comment on a proposal to have Lolita included in the endangered species listing for Pugent Sound orcas.

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Lolita was captured in 1970 and performs each day at the Seaquarium.

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