118th CONGRESS
2d Session
H. R. 7145
To amend the Marine Mammal Protection Act of 1972 and the Animal
Welfare Act to prohibit the taking, importation, exportation, and
breeding of certain cetaceans for public display, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
January 30, 2024
Mr. Schiff (for himself, Mr. Huffman, Ms. DelBene, Mr. Larsen of
Washington, Mr. Cohen, Mr. Cardenas, Mr. Blumenauer, Mr. Connolly, Ms.
Barragan, Mr. Lieu, Mr. Nadler, Mr. Moulton, Ms. Dean of Pennsylvania,
Ms. Lofgren, Ms. Lee of California, Mr. Pocan, Ms. DeGette, Ms. Norton,
Ms. Chu, Ms. Bonamici, Mr. Carson, Mr. McGovern, Mr. Carbajal, Ms.
McCollum, and Ms. Matsui) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committee on Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To amend the Marine Mammal Protection Act of 1972 and the Animal
Welfare Act to prohibit the taking, importation, exportation, and
breeding of certain cetaceans for public display, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Welfare in Marine
Settings Act of 2024'' or as the ``SWIMS Act of 2024''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Certain cetaceans, namely orcas, beluga whales, false
killer whales, and pilot whales are large-brained mammals who
engage in creative problem solving, intentional communication,
show signs of empathy for others and complex emotions, and form
lifelong bonds.
(2) Science increasingly supports that the species listed
in paragraph (1) suffer in captivity. They die prematurely,
engage in stereotypic behavior that is indicative of suffering
and distress, are held in barren tanks, and are sometimes
isolated from members of their own species, among other harms.
(3) Current Federal laws allow the species listed in
paragraph (1) to be confined in concrete tanks that fail to
meet their basic psychological, physical, and social needs.
(b) Sense of Congress.--It is the sense of Congress that the
species listed in paragraph (1) of subsection (a) should not be subject
to restraint, coercion, or control by any person for purposes of public
display.
SEC. 3. PROHIBITION ON EXPORTATION, TAKING, AND IMPORTATION OF CERTAIN
CETACEANS.
(a) Prohibition on Exportation.--Section 102 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1372(a)) is amended by adding at the
end the following new subsection:
``(g)(1) Notwithstanding any other provision of law, it is unlawful
to export any orca, beluga whale, false killer whale, or pilot whale
except for the transport of such species--
``(A) to a marine mammal sanctuary with a determination by
the Secretary that the transportation to such sanctuary is in
the best interest of the individual marine mammal; or
``(B) for release to the wild.
``(2) In this subsection, the term `sanctuary' means a place of
refuge where marine mammals--
``(A) live in a captive setting as close as possible to
their natural environment;
``(B) are prioritized individually with respect to well-
being and autonomy; and
``(C) are not used for profit or breeding for the purpose
of public display.''.
(b) Prohibition on Permits for Taking or Importation.--Section
104(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(a))
is amended to read as follows:
``(a)(1) Except as provided in paragraph (2), the Secretary may
issue permits which authorize the taking or importation of any marine
mammal.
``(2) Notwithstanding any other provision of law, the Secretary may
not issue any permit that authorizes the taking or importation of any
orca, beluga whale, false killer whale, or pilot whale for the purpose
of public display.
``(3) The Secretary may issue permits for the incidental taking of
marine mammals in the course of commercial fishing operations only as
specifically provided for in section 101(a)(5) or 306, or subsection
(h) of this section.''.
SEC. 4. PROHIBITION ON BREEDING OF CERTAIN CETACEANS.
The Animal Welfare Act (17 U.S.C. 2131 et seq.) is amended by
inserting after section 29 the following new section:
``SEC. 30. BREEDING OF CERTAIN CETACEANS.
``It shall be unlawful for any person to breed or artificially
inseminate any orca, beluga whale, false killer whale, or pilot whale
for purposes of using the progeny of such species for public
display.''.
SWIMS Act of 2024
118th Congress: House Bill No. 7145
Introduced on January 30, 2024
January 30, 2024 Referred to a Committee
Keywords
Sponsors
Texts
Full Text
118th CONGRESS
2d Session
H. R. 7145
To amend the Marine Mammal Protection Act of 1972 and the Animal
Welfare Act to prohibit the taking, importation, exportation, and
breeding of certain cetaceans for public display, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
January 30, 2024
Mr. Schiff (for himself, Mr. Huffman, Ms. DelBene, Mr. Larsen of
Washington, Mr. Cohen, Mr. Cardenas, Mr. Blumenauer, Mr. Connolly, Ms.
Barragan, Mr. Lieu, Mr. Nadler, Mr. Moulton, Ms. Dean of Pennsylvania,
Ms. Lofgren, Ms. Lee of California, Mr. Pocan, Ms. DeGette, Ms. Norton,
Ms. Chu, Ms. Bonamici, Mr. Carson, Mr. McGovern, Mr. Carbajal, Ms.
McCollum, and Ms. Matsui) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committee on Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To amend the Marine Mammal Protection Act of 1972 and the Animal
Welfare Act to prohibit the taking, importation, exportation, and
breeding of certain cetaceans for public display, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Welfare in Marine
Settings Act of 2024'' or as the ``SWIMS Act of 2024''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Certain cetaceans, namely orcas, beluga whales, false
killer whales, and pilot whales are large-brained mammals who
engage in creative problem solving, intentional communication,
show signs of empathy for others and complex emotions, and form
lifelong bonds.
(2) Science increasingly supports that the species listed
in paragraph (1) suffer in captivity. They die prematurely,
engage in stereotypic behavior that is indicative of suffering
and distress, are held in barren tanks, and are sometimes
isolated from members of their own species, among other harms.
(3) Current Federal laws allow the species listed in
paragraph (1) to be confined in concrete tanks that fail to
meet their basic psychological, physical, and social needs.
(b) Sense of Congress.--It is the sense of Congress that the
species listed in paragraph (1) of subsection (a) should not be subject
to restraint, coercion, or control by any person for purposes of public
display.
SEC. 3. PROHIBITION ON EXPORTATION, TAKING, AND IMPORTATION OF CERTAIN
CETACEANS.
(a) Prohibition on Exportation.--Section 102 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1372(a)) is amended by adding at the
end the following new subsection:
``(g)(1) Notwithstanding any other provision of law, it is unlawful
to export any orca, beluga whale, false killer whale, or pilot whale
except for the transport of such species--
``(A) to a marine mammal sanctuary with a determination by
the Secretary that the transportation to such sanctuary is in
the best interest of the individual marine mammal; or
``(B) for release to the wild.
``(2) In this subsection, the term `sanctuary' means a place of
refuge where marine mammals--
``(A) live in a captive setting as close as possible to
their natural environment;
``(B) are prioritized individually with respect to well-
being and autonomy; and
``(C) are not used for profit or breeding for the purpose
of public display.''.
(b) Prohibition on Permits for Taking or Importation.--Section
104(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(a))
is amended to read as follows:
``(a)(1) Except as provided in paragraph (2), the Secretary may
issue permits which authorize the taking or importation of any marine
mammal.
``(2) Notwithstanding any other provision of law, the Secretary may
not issue any permit that authorizes the taking or importation of any
orca, beluga whale, false killer whale, or pilot whale for the purpose
of public display.
``(3) The Secretary may issue permits for the incidental taking of
marine mammals in the course of commercial fishing operations only as
specifically provided for in section 101(a)(5) or 306, or subsection
(h) of this section.''.
SEC. 4. PROHIBITION ON BREEDING OF CERTAIN CETACEANS.
The Animal Welfare Act (17 U.S.C. 2131 et seq.) is amended by
inserting after section 29 the following new section:
``SEC. 30. BREEDING OF CERTAIN CETACEANS.
``It shall be unlawful for any person to breed or artificially
inseminate any orca, beluga whale, false killer whale, or pilot whale
for purposes of using the progeny of such species for public
display.''.
Timeline
January 30, 2024HouseIntroduced
January 30, 2024HouseReferred to a Committee