Strengthening Welfare in Marine Settings (SWIMS) Act

The SWIMS Act would protect four species—orcas (also known as killer whales), beluga whales, pilot whales, and false killer whales—by:

• amending the Marine Mammal Protection Act of 1972 to prohibit the taking, importation, or exportation of these whales for the purpose of public display;
• amending the Animal Welfare Act to prohibit any breeding of these whales for future public display; and
• allowing exemptions for animals being transported to a sanctuary setting or released to the wild.

Scientific studies have shown that these species are cognitively, emotionally, and socially complex. They are able to form lifelong bonds, demonstrate empathy, and engage in creative problem solving and intentional communication. Concrete tanks simply cannot accommodate their size, wide-ranging nature, and physiological and social needs, leading to unnecessary suffering. In captivity, these animals are exploited, sometimes isolated, and often die prematurely.

The current global population of captive whales has two sources—wild capture and captive breeding programs. Historically, US display facilities received permits from the federal government to capture whales or import wild-caught whales. Wild captures of these larger species have not occurred in US waters in decades, and wild-caught whales from other parts of the world have not been imported for 30 years. However, US law still allows capture and import permits to be issued. These practices would be expressly prohibited under the SWIMS Act. Importantly, the bill would not prohibit the continued holding of animals currently in captivity, thus providing the facilities time to transition to a more humane future.