Overview
Title
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.
ELI5 AI
The SWIMS Act of 2024 is a rule that wants to stop people from keeping big sea animals like orcas and beluga whales in tanks just for people to watch. It says these animals are happier and healthier when they live in the ocean.
Summary AI
H.R. 7145, known as the "Strengthening Welfare in Marine Settings Act of 2024" or the "SWIMS Act of 2024," proposes amendments to the Marine Mammal Protection Act of 1972 and the Animal Welfare Act. The bill seeks to prohibit the taking, importation, exportation, and breeding of certain large-brained cetaceans—such as orcas, beluga whales, false killer whales, and pilot whales—specifically for public display. It highlights Congress's belief that these animals suffer in captivity and therefore should not be subjected to any form of restriction for display purposes. The bill aims to enhance the protection and welfare of these cetaceans by restricting their use and ensuring their needs are prioritized.
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AnalysisAI
Summary of the Bill
The proposed legislation, known as the "Strengthening Welfare in Marine Settings Act of 2024" or the "SWIMS Act of 2024," aims to amend existing laws to enhance the protections for certain marine mammals, specifically orcas, beluga whales, false killer whales, and pilot whales. The bill seeks to prohibit several activities concerning these cetaceans, including taking, importing, exporting, and breeding them for public display. It intends to ensure that these large-brained mammals, which display complex emotions and social behaviors, are not subjected to the stress and harm associated with captivity.
Significant Issues
One notable issue with the bill is the lack of specific scientific evidence cited to support the claims made about cetaceans' capabilities and their suffering in captivity. This omission might lead stakeholders to challenge the bill's grounding in scientific research.
Another concern is the potential confusion and conflict with existing laws due to the phrase "Notwithstanding any other provision of law" used in Section 3. This could lead to legal challenges as it might contradict other legal provisions related to marine mammal management.
In Section 4, the bill lacks clarity on what precisely constitutes "public display." This ambiguity could lead to disagreements regarding the scope of the prohibition, particularly in diverse contexts like scientific research, indigenous practices, or unique public educational activities.
The bill's definition of a "sanctuary" is considered vague. Further specification is needed to avoid disputes about what qualifies as a sanctuary and who gets to make these determinations.
Finally, the lack of defined penalties for violating the prohibitions outlined in the bill may weaken its enforceability and deterrence against non-compliance.
Impact on the Public
Broadly, the bill could lead to increased awareness and protection of complex marine mammals, reflecting society's growing interest in animal welfare. It aligns with contemporary concerns about the ethical treatment of animals, particularly those held in captivity for entertainment.
For animal rights advocates and organizations, the bill represents a legislative step forward in animal welfare, signaling governmental acknowledgment of the need for stronger protections. Conversely, industries reliant on marine mammal displays may face significant operational and financial challenges as they are compelled to adjust to new legal standards.
Impact on Specific Stakeholders
Businesses and local economies that profit from marine mammal displays might experience negative economic impacts as the legislation limits their activities. This could lead to debates about the balance between economic interests and ethical considerations.
On the positive side, marine mammals may experience improvements in their welfare, particularly if those currently held in unsuitable conditions are relocated to sanctuaries. Such actions might foster improved research opportunities that promote non-intrusive longevity studies contributing to conservation efforts.
For the legal community and policymakers, the bill presents an opportunity to refine the regulatory and enforcement framework concerning animal welfare, though it might necessitate additional clarity and adjustment in related laws to avoid conflicts.
Overall, while the bill reflects a conscious step towards enhanced ethical treatment of certain marine mammals, its success will depend significantly on effective implementation and clarity regarding its provisions.
Issues
The bill makes broad statements regarding the capabilities and experiences of cetaceans without citing specific scientific studies or evidence, which could lead to questions about the validity of these claims. This is particularly relevant in Section 2 and might affect the perception of the bill's basis on scientific research.
The prohibition on breeding certain cetaceans lacks specificity regarding what constitutes 'public display' in Section 4, which might result in unintended consequences or misunderstandings about the scope of the prohibition.
The phrase 'Notwithstanding any other provision of law' used in Section 3 could create conflicts or confusion with other existing laws, leading to legal challenges or complications in implementation.
The definition of 'sanctuary' in Section 3 could be considered vague, particularly in specifying criteria and decision-makers for qualifying a location as a sanctuary, leading to potential inconsistencies or disputes.
The section on breeding (Section 4) does not specify the penalties for violating the prohibition, which could affect enforcement and deterrence of the prohibited activities.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section provides the short title of the Act, which is officially called the “Strengthening Welfare in Marine Settings Act of 2024,” or more informally, the “SWIMS Act of 2024.”
2. Findings; sense of Congress Read Opens in new tab
Summary AI
Congress acknowledges that certain large-brained marine mammals, such as orcas and beluga whales, suffer in captivity due to unsuitable living conditions and current laws permit these situations. It expresses the opinion that these animals should not be restrained or used for public entertainment.
3. Prohibition on exportation, taking, and importation of certain cetaceans Read Opens in new tab
Summary AI
The section of the bill amends the Marine Mammal Protection Act of 1972 to make it illegal to export orcas, beluga whales, false killer whales, or pilot whales unless they are being moved to a marine mammal sanctuary or released to the wild. It also prevents the issuance of permits for taking or importing these cetaceans for public display.
4. Prohibition on breeding of certain cetaceans Read Opens in new tab
Summary AI
The proposed amendment to the Animal Welfare Act makes it illegal for anyone to breed or artificially inseminate specific types of whales—such as orcas, beluga whales, false killer whales, and pilot whales—for the purpose of displaying their offspring to the public.
30. Breeding of certain cetaceans Read Opens in new tab
Summary AI
It is illegal for anyone to breed or artificially inseminate orcas, beluga whales, false killer whales, or pilot whales if the offspring are intended for public display.