I 
117TH CONGRESS 
2D SESSION 
H. R. 8514 
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 
JULY 26, 2022 
Mr. SCHIFF (for himself, Ms. DELBENE, Mr. HUFFMAN, Mr. LARSEN of 
Washington, Mr. LOWENTHAL, Mr. COHEN, Mr. CA´RDENAS, and Mrs. 
CAROLYN B. MALONEY of New York) 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, importa-
tion, exportation, and breeding of certain cetaceans for 
public display, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 2022’’ or as the ‘‘SWIMS Act 
of 2022’’. 
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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 prob-
lem solving, intentional communication, show signs 
of empathy for others and complex emotions, and 
form lifelong bonds. 
(2) Science increasingly supports that the spe-
cies 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 mem-
bers of their own species, among other harms. 
(3) Current Federal laws allow the species list-
ed 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 Con-
gress 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 IM-
PORTATION OF CERTAIN CETACEANS. 
(a) PROHIBITION ON EXPORTATION.—Section 102 of 
the Marine Mammal Protection Act of 1972 (16 U.S.C. 
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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 spe-
cies— 
‘‘(A) to a marine mammal sanctuary with a de-
termination by the Secretary that the transportation 
to such sanctuary is in the best interest of the indi-
vidual 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 IM-
PORTATION.—Section 104(a) of the Marine Mammal Pro-
tection Act of 1972 (16 U.S.C. 1374(a)) is amended to 
read as follows: 
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‘‘(a)(1) Except as provided in paragraph (2), the Sec-
retary 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 kill-
er whale, or pilot whale for the purpose of public display. 
‘‘(3) The Secretary may issue permits for the inci-
dental taking of marine mammals in the course of com-
mercial fishing operations only as specifically provided for 
in section 101(a)(5) or 306, or subsection (h) of this sec-
tion.’’. 
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 artifi-
cially inseminate any orca, beluga whale, false killer whale, 
or pilot whale for purposes of using the progeny of such 
species for public display.’’. 
Æ 
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