I 

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. CA ́RDENAS, Mr. BLUMENAUER, Mr. CONNOLLY, Ms. BARRAGA ́N, 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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 in Marine Settings Act of 2024’’ or as the ‘‘SWIMS Act 

4 of 2024’’. 

5 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

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

7 (1) Certain cetaceans, namely orcas, beluga 

8 whales, false killer whales, and pilot whales are 

9 large-brained mammals who engage in creative prob10 lem solving, intentional communication, show signs 

11 of empathy for others and complex emotions, and 

12 form lifelong bonds. 

13 (2) Science increasingly supports that the spe14 cies listed in paragraph (1) suffer in captivity. They 

15 die prematurely, engage in stereotypic behavior that 

16 is indicative of suffering and distress, are held in 

17 barren tanks, and are sometimes isolated from mem18 bers of their own species, among other harms. 

19 (3) Current Federal laws allow the species list20 ed in paragraph (1) to be confined in concrete tanks 

21 that fail to meet their basic psychological, physical, 

22 and social needs. 

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that the species listed in paragraph (1) of subsection 

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

26 by any person for purposes of public display. 


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1 SEC. 3. PROHIBITION ON EXPORTATION, TAKING, AND IM2 PORTATION OF CERTAIN CETACEANS. 

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

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

5 1372(a)) is amended by adding at the end the following 

6 new subsection: 

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

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

9 whale, or pilot whale except for the transport of such spe10 cies— 

11 ‘‘(A) to a marine mammal sanctuary with a de12 termination by the Secretary that the transportation 

13 to such sanctuary is in the best interest of the indi14 vidual marine mammal; or 

15 ‘‘(B) for release to the wild. 

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

17 a place of refuge where marine mammals— 

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

19 to their natural environment; 

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

21 well-being and autonomy; and 

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

23 purpose of public display.’’. 

24 (b) PROHIBITION ON PERMITS FOR TAKING OR IM25 PORTATION.—Section 104(a) of the Marine Mammal ProVerDate Sep 11 2014 19:22 Feb 02, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7145.IH H7145

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1 tection Act of 1972 (16 U.S.C. 1374(a)) is amended to 

2 read as follows: 

3 ‘‘(a)(1) Except as provided in paragraph (2), the Sec4 retary may issue permits which authorize the taking or 

5 importation of any marine mammal. 

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

7 Secretary may not issue any permit that authorizes the 

8 taking or importation of any orca, beluga whale, false kill9 er whale, or pilot whale for the purpose of public display. 

10 ‘‘(3) The Secretary may issue permits for the inci11 dental taking of marine mammals in the course of com12 mercial fishing operations only as specifically provided for 

13 in section 101(a)(5) or 306, or subsection (h) of this sec14 tion.’’. 

15 SEC. 4. PROHIBITION ON BREEDING OF CERTAIN 

16 CETACEANS. 

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

18 amended by inserting after section 29 the following new 

19 section: 

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

21 ‘‘It shall be unlawful for any person to breed or artifi22 cially inseminate any orca, beluga whale, false killer whale, 

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

24 species for public display.’’. 

Æ 


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