"The industry claims that cetaceans can avoid the sun by going below the surface of the water, as they do in the wild," Naomi Rose, a marine biologist with AWI, told The Dodo. "This is incorrect - light penetrates to the bottom of shallow captive display tanks, which are also usually painted reflective colors."
In other words, Kina would be suffering in the sunlight, and probably getting burned.
Besides the lack of shade, there are also concerns about cleanliness. Both past drone footage and recent photos show that Kina's tank is filthy - much dirtier than the other "on display" tanks at the marine park.
"One of the members of Empty The Tanks Hawaii is an environmental scientist with an emphasis in clean water and water quality testing," Parra said. "She says in the comparison of Kina's pool to the one they use with guests located above it, the one above is much cleaner as there is no green coloring to it due to a filtration system or routine cleaning. The water in Kina's pool is nearly green, a clear indicator of excess nitrogen [which often comes from waste] in the water."