Dr Visser said she spoke from the heart and while the orca tanks would double in size "a prison was still a prison" and did not cater for the daily activities orca carried out in the wild. Whales in the wild swam an average distance of 222km per day and dive to depths of about 182m.
"These new tanks do not meet these basic requirements," she said. "No facility ever will."
Loss of the orca shows would be a huge blow to SeaWorld, as they were the top attraction at the park.
"They are a corporate business and not in this for animal welfare, they are in it to make money," Dr Visser said.
The conditions did not apply to the other two SeaWorld parks in Florida and Texas.
Dr Visser was impressed with Pamela Anderson and said the celebrity clearly cared about the animals.
SeaWorld officials opposed the condition barring breeding, saying it would mean that the park's population of 11 whales would be the last orcas held in the park. "A ban on breeding would sentence these animals to a slow extinction in our care," said John Reilly, president of SeaWorld San Diego.
The day before speaking at the hearing security guards asked Dr Visser to leave San Diego's SeaWorld when they spotted her taking photos of the mammals in the tank. Dr Visser has visited all three of SeaWorld's sites and while she has been watched very closely this was the first time she had been asked to leave.
"If they had nothing to hide they would be inviting us there," she said. Dr Visser and those she was with remained and watched the orca show before leaving.