The legislation was passed in 2021, but will come into effect in 2026.
Marineland Antibes, located near Cannes, shut its doors in January 2025.
According to the BBC, the dolphin and killer whale shows were responsible for attracting the majority of the park’s visitors.
The mother and son orca duo, Wikie, 23, and Keijo, 11, were both born in captivity.
Footage released by the activist group TideBreakers has gone viral, showing the marine animals swimming in their algae-infested tanks.
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"Tragically, [Marineland Antibes is] still home to Wikie and Keijo, the last two captive orcas in France. The mother and son remain trapped there, waiting for their fate in crumbling tanks," the organisation wrote in a statement on Facebook.
“The abandoned park is also home to 12 dolphins that have been left to rot at the algae-infested, deteriorating tanks,” the post read.
“Marineland’s owners also own Shouka, Wikie’s sister and Keijo’s aunt, who lives at SeaWorld San Diego.”
The group issued another statement to PEOPLE, saying that the fate of the animals “demands global attention.”
"If these whales become ill, this bonded pair — a mother and her son — will likely be euthanised or succumb to the deteriorating environment," they said, noting that their tank-mate Inouk had "died after swallowing a small piece of metal, which caused severe inflammation and peritonitis."
Although TideBreakers is “firmly opposed to captivity”, they acknowledge that "the only other viable option may be relocation to a better facility equipped to care for orcas."
"We are running out of options. The most humane and sustainable solution to phasing out orca captivity is the creation of sanctuaries.
“Sadly, no operational sanctuaries for orcas currently exist. The best interim solution would be to build a temporary holding tank for Wikie and Keijo until a sanctuary becomes available," they said.
"But time is running out — this is an emergency, and reports suggest that euthanasia is now being seriously considered," they claimed.
"After years of entertaining the public, they deserve a clean and safe environment where they can live out their remaining years with dignity."
Nonprofit organisation Whale Sanctuary Project (WSP) is calling on the French government to consider its proposal for it to build a sanctuary for the whales off the coast of Canada in the province of Nova Scotia.
"The Whale Sanctuary Project is making it clear again to all parties that we are ready to work with the French government, with Marineland Antibes, and with any and all other organisations to bring Wikie and Keijo to the sanctuary we are preparing in Nova Scotia," a statement on its website read.
The BBC reported that the sanctuary would allow the whales to live in approximately 100 acres of ocean that would be netted off.
WSP is said to be working with a team that helped build a similar sanctuary for Keiko, who starred in the movie Free Willy.
Keiko’s sanctuary was only temporary, as he was born in the wild. He eventually joined a pod of orcas.
The statement also cited a report by France’s General Inspectorate of the Ministry of Ecology, which said their solution was “the most credible innovative solution among the sanctuary projects.”
The BBC also reported that the French government rejected a plan to send the mother-son duo to Japan.
An attempt to rehome them in Spain was denied by the Spanish government.
