SWIMS Act in Congress Will Phase Out Captivity for Small Whales

By Mark J. Palmer

The International Marine Mammal Project (IMMP) of Earth Island Institute is supporting the newly introduced SWIMS Act (“Strengthening Welfare In Marine Settings Act”), which would phase out captivity in the US for orcas, false killer whales, pilot whales, and beluga whales.

The Act, S. 4740 by California Senator Dianne Feinstein and H.R. 8514 by California Representative Adam Schiff, are both based upon similar legislation in the state of California regarding orcas and SeaWorld’s decision to phase out its captive orca population.

The bills would ban breeding of the four species in captivity, which needlessly produces young that are unlikely to survive if released into the wild. The bill would further ban imports or exports or captures of the four species, so the current population of these species in US aquariums would eventually be phased out entirely.

An exception in the proposed legislation would allow transfer of these species to seaside sanctuaries, where they will be spared the need to do tricks and would inhabit a more natural, much larger ocean habitat surrounded by netting rather than concrete walls. In sanctuaries, the whales would also be fed and receive life-long veterinary care, but mostly, they can just live being wild whales.

The legislation states, as one of its findings, that “Science increasingly supports that the species (listed)… 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.”

“Whales are among the most intelligent, fascinating, and beautiful creatures in the world,” said Representative Schiff. “And they deserve to live freely in their natural habitats – not in captivity where their lives are defined by the four walls of a concrete tank. The SWIMS Act would protect these magnificent creatures, and I want to thank Senator Feinstein and Representatives Huffman and DelBene for their partnership on this important legislation.”

“I’m proud to partner with Congressman Schiff on a bill to end the capture, breeding, importation and exportation of orca, beluga, pilot and false killer whales,” said Senator Feinstein. “The conditions these whales live in contribute to far shorter lifespans – captive orcas typically live just 12 years compared to 40 years in the wild – and there is significant evidence that captivity is excruciating for these mammals. SeaWorld announced in 2016 that its current orcas in captivity will be its last; the federal government should expand on this example and prohibit all new captive whales for purposes of entertainment.”

IMMP is a strong supporter of the legislation. Time is short for action in the current Congress, so it may be necessary to reintroduce the bill in Congress in 2023. In the meantime, we need to reach out to members of Congress to support the SWIMS Act.

WHAT YOU CAN DO:

Contact your House Representative and two Senators. Urge them to support the SWIMS Act, H.R. 8514 and S. 4740. Urge members of Congress to pass this important legislation as soon as possible. Tell them of your own reasons for phasing out the captivity of these intelligent animals that have been robbed of their families and reduced to performing tricks in order to get food. There is no valid reason to keep these magnificent animals in captivity.

For information on contacting your two Senators in Washington DC, go here.

For information on contacting your member of the House of Representatives, go here.

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The International Marine Mammal Project of Earth Island Institute is seeking an end to the cruel keeping of sentient dolphins and whales in captivity. You can help our efforts – through Congress, through advocacy, and through lawsuits – to finally end captivity and move captive whales and dolphins to seaside sanctuaries. Thank you for your support!