H.R. 10774

SWIMS Act of 2026

Sponsor: Suzan K. DelBene

24 cosponsors
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Official summary

Written by the Congressional Research Service.

Strengthening Welfare in Marine Settings Act of 2026 or the SWIMS Act of 2026

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.

Text of the bill

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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:

Text this section adds to the law

(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:

Text this section adds to the law

(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.