II 

117TH CONGRESS 

2D SESSION S. 4740 

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 SENATE OF THE UNITED STATES 

AUGUST 2, 2022 

Mrs. FEINSTEIN (for herself, Mr. BOOKER, Mr. WYDEN, Ms. DUCKWORTH, 

Mr. MARKEY, Mr. PADILLA, and Ms. WARREN) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Welfare 

5 in Marine Settings Act of 2022’’ or as the ‘‘SWIMS Act 

6 of 2022’’. 


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•S 4740 IS

1 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) Certain cetaceans, namely orcas, beluga 

4 whales, false killer whales, and pilot whales are 

5 large-brained mammals who engage in creative prob6 lem solving, intentional communication, show signs 

7 of empathy for others and complex emotions, and 

8 form lifelong bonds. 

9 (2) Science increasingly supports that the spe10 cies listed in paragraph (1) suffer in captivity. They 

11 die prematurely, engage in stereotypic behavior that 

12 is indicative of suffering and distress, are held in 

13 barren tanks, and are sometimes isolated from mem14 bers of their own species, among other harms. 

15 (3) Current Federal laws allow the species list16 ed in paragraph (1) to be confined in concrete tanks 

17 that fail to meet their basic psychological, physical, 

18 and social needs. 

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that the species listed in paragraph (1) of subsection 

21 (a) should not be subject to restraint, coercion, or control 

22 by any person for purposes of public display. 

23 SEC. 3. PROHIBITION ON EXPORTATION, TAKING, AND IM24 PORTATION OF CERTAIN CETACEANS. 

25 (a) PROHIBITION ON EXPORTATION.—Section 102 of 

26 the Marine Mammal Protection Act of 1972 (16 U.S.C. 


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1 1372(a)) is amended by adding at the end the following 

2 new subsection: 

3 ‘‘(g)(1) Notwithstanding any other provision of law, 

4 it is unlawful to export any orca, beluga whale, false killer 

5 whale, or pilot whale except for the transport of such spe6 cies— 

7 ‘‘(A) to a marine mammal sanctuary with a de8 termination by the Secretary that the transportation 

9 to such sanctuary is in the best interest of the indi10 vidual marine mammal; or 

11 ‘‘(B) for release to the wild. 

12 ‘‘(2) In this subsection, the term ‘sanctuary’ means 

13 a place of refuge where marine mammals— 

14 ‘‘(A) live in a captive setting as close as possible 

15 to their natural environment; 

16 ‘‘(B) are prioritized individually with respect to 

17 well-being and autonomy; and 

18 ‘‘(C) are not used for profit or breeding for the 

19 purpose of public display.’’. 

20 (b) PROHIBITION ON PERMITS FOR TAKING OR IM21 PORTATION.—Section 104(a) of the Marine Mammal Pro22 tection Act of 1972 (16 U.S.C. 1374(a)) is amended to 

23 read as follows: 


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1 ‘‘(a)(1) Except as provided in paragraph (2), the Sec2 retary may issue permits which authorize the taking or 

3 importation of any marine mammal. 

4 ‘‘(2) Notwithstanding any other provision of law, the 

5 Secretary may not issue any permit that authorizes the 

6 taking or importation of any orca, beluga whale, false kill7 er whale, or pilot whale for the purpose of public display. 

8 ‘‘(3) The Secretary may issue permits for the inci9 dental taking of marine mammals in the course of com10 mercial fishing operations only as specifically provided for 

11 in section 101(a)(5) or 306, or subsection (h) of this sec12 tion.’’. 

13 SEC. 4. PROHIBITION ON BREEDING OF CERTAIN 

14 CETACEANS. 

15 The Animal Welfare Act (17 U.S.C. 2131 et seq.) is 

16 amended by adding at the end the following: 

17 ‘‘SEC. 30. BREEDING OF CERTAIN CETACEANS. 

18 ‘‘It shall be unlawful for any person to breed or artifi19 cially inseminate any orca, beluga whale, false killer whale, 

20 or pilot whale for purposes of using the progeny of such 

21 species for public display.’’. 

Æ 


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