II 118th CONGRESS 2d Session S. 3694 IN THE SENATE OF THE UNITED STATES January 30, 2024 Mr. Wyden (for himself, Mr. Padilla , Ms. Warren , Mr. Booker , and Ms. Duckworth ) 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. Short title This Act may be cited as the Strengthening Welfare in Marine Settings Act of 2024 or as the SWIMS Act of 2024 . 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. 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 ) 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. . 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: 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. .