SWIMS Act of 2026
- Sponsor
- Rep. DelBene, Suzan K. [D-WA-1]
- Committees
- Agriculture Committee (primary)
- Last action
- Oct 9, 2026
Bottom line
The bill aims to phase out the practice of keeping orcas, beluga whales, false killer whales, and pilot whales in captivity for public display by preventing new acquisitions, exports, and breeding for such purposes.
What it actually does
This bill prohibits the taking (capture), importation, exportation, and breeding of specific cetacean species—orcas, beluga whales, false killer whales, and pilot whales—for the purpose of public display. It amends both the Marine Mammal Protection Act of 1972 and the Animal Welfare Act to implement these restrictions, with limited exceptions for transporting animals to marine mammal sanctuaries or releasing them to the wild.
Proponents argue
Supporters argue that these highly intelligent and social cetaceans suffer significantly in captive environments, exhibiting stress, stereotypic behaviors, and premature death, as current laws fail to meet their complex psychological, physical, and social needs. They contend that the bill is a necessary step to enhance animal welfare and reflect growing scientific understanding of these species' capabilities and requirements.
Opponents contend
Opponents might argue that public display facilities play a crucial role in public education, scientific research, and conservation efforts for marine mammals. They could contend that a blanket prohibition might hinder these valuable contributions, potentially impacting public awareness of marine issues and the welfare of existing captive animals without clear, funded alternatives like suitable sanctuaries.
The bill is concise and clearly written, allowing for a quick and thorough understanding of its provisions within the time typically allotted for legislative review.
Section 3(a)
Prohibition on Exportation of Certain Cetaceans
This provision amends the Marine Mammal Protection Act of 1972 to make it unlawful to export orcas, beluga whales, false killer whales, or pilot whales. It includes two specific exceptions: transport to a marine mammal sanctuary, provided the Secretary determines it is in the animal's best interest, or for release to the wild. A 'sanctuary' is defined as a refuge where marine mammals live as close to their natural environment as possible, prioritizing individual well-being and autonomy, and are not used for profit or breeding for public display.
Supporters argue
Supporters argue this provision prevents the perpetuation of captive display practices globally by restricting the movement of these animals, ensuring that any transfers prioritize the animal's welfare over commercial interests and prevent their use in foreign public display facilities.
Critics contend
Critics might argue that restricting export limits options for managing captive populations, potentially hindering international conservation efforts or the ability to find suitable homes for animals if domestic facilities close or become overcrowded, especially if appropriate sanctuaries are not readily available.
Tradeoffs
This provision balances the desire to end public display with the practicalities of managing existing captive populations, requiring careful consideration of sanctuary definitions and release protocols to ensure animal welfare during transitions.
Section 3(b)
Prohibition on Taking or Importing Certain Cetaceans for Public Display
This section amends the Marine Mammal Protection Act of 1972 to explicitly prohibit the Secretary from issuing any permit that authorizes the taking (capture from the wild) or importation of orcas, beluga whales, false killer whales, or pilot whales for the purpose of public display. It clarifies that the Secretary may still issue permits for other marine mammals and for incidental taking in commercial fishing operations, as provided by existing law.
Section 4
Prohibition on Breeding of Certain Cetaceans for Public Display
This new section, added to the Animal Welfare Act, makes it unlawful for any person to breed or artificially inseminate orcas, beluga whales, false killer whales, or pilot whales specifically for the purpose of using their offspring for public display. This effectively prevents the creation of new generations of these specific cetaceans for exhibition.