[Congressional Record Volume 168, Number 129 (Tuesday, August 2, 2022)]
[Senate]
[Page S3864]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Booker, Mr. Wyden, Ms. 
        Duckworth, Mr. Markey, Mr. Padilla, and Ms. Warren):
  S. 4740. A bill 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; to the Committee on Commerce, Science, and 
Transportation.
  Mrs. FEINSTEIN. Mr. President, I rise to speak in support of 
legislation that I introduced today along with Senators Booker, Wyden, 
Duckworth, Padilla, and Warren: the Strengthening Welfare in Marine 
Settings (SWIMS) Act. This is a companion to legislation introduced by 
Congressman Adam Schiff in the House of Representatives.
  Our bill would ban the importation and exportation of orcas, beluga 
whales, pilot whales, and false killer whales for public display, with 
an exception for animals being released to a marine sanctuary or back 
to the wild.
  Our bill would also prohibit breeding captive whales to raise their 
newborns for public display, ensuring that the current generation of 
these whales in captivity would be the last.
  The evidence is clear: Orcas, beluga whales, pilot whales, and false 
killer whales are intelligent and emotionally complex animals that 
cannot thrive in captivity. In the wild, these whales can travel up to 
100 miles per day and dive hundreds of feet deep.
  However, many animals in captivity live in tanks so small they cannot 
even turn around. Often, these whales are so stressed that they gnaw on 
the concrete walls of their tanks until the dental nerves of their 
teeth are exposed, permanently damaging their teeth and requiring 
constant antibiotics.
  The inhumane confinement for these animals has consequences, which 
are made clear when news breaks of yet another whale dying well before 
its time. In the wild, the average orca lives for 40 years. Orcas in 
captivity in the United States typically live only 12 years. Although 
no orca has ever been documented attacking a human in the wild, in 
captivity, these whales have been documented to lash out at their human 
trainers, causing severe harm or death.
  Despite these well-established facts, more than 50 whales remain in 
captivity across the United States. My home State of California has 
already banned orca shows and breeding, and some exhibitors like 
SeaWorld have promised to end their orca breeding programs.
  It is long past time for Federal Government to apply this policy to 
the whale species that suffer the most in captivity and end this cruel 
practice. Our bill, which is endorsed by 15 animal welfare 
organizations, would do just that.
  Mr. President, by passing my bill, the Senate can prevent the 
needless suffering and deaths of these majestic animals who truly 
belong in the wild. I urge my colleagues to join us in cosponsoring the 
SWIMS Act.
                                 ______