SWIMS Act of 2022
Bill: S.4740 | Sponsor: Sen. Feinstein, Dianne (D-CA)
Policy area: Animals

Summary:
Strengthening Welfare in Marine Settings Act of 2022 or as the SWIMS Act of 2022
This bill establishes prohibitions on capturing, importing, exporting, or breeding of orcas, beluga whales, false killer whales, or pilot whales for the purpose of public display.
Specifically, the bill prohibits the National Oceanic and Atmospheric Administration from issuing any permit under the Marine Mammal Protection Act of 1972 that authorizes the taking (e.g., capturing) or importation of such orcas or whales for the purpose of public display. The bill further revises the act to make it unlawful to export such orcas or whales, unless they are being transported to marine mammal sanctuaries or for release into the wild.
Further, the bill makes it unlawful under the Animal Welfare Act for any person to breed or artificially inseminate such marine mammals for purposes of using their progeny for public display.

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 2022'' or as the ``SWIMS Act of 2022''.

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 
adding at the end the following:

``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.''.
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