SWIMS Act 2026: Federal Bill Seeks End to Whale Captivity Across Marine Parks

Last updated: October 14, 2026

NewsWK — Federal lawmakers in Washington are considering major changes to marine park regulations nationwide. Representative Suzan DelBene introduced new legislation targeting the commercial display of whales. If passed, the measure would reshape operations for aquariums across the country.

What is the SWIMS Act 2026 federal legislation?

The SWIMS Act 2026 proposes a federal ban on capturing and breeding specific large whales for commercial public display. Furthermore, the bill prohibits importing and exporting these marine mammals. Specifically, the legislation targets orcas, beluga whales, pilot whales, and false killer whales. However, existing animals would remain in marine parks under current sanctuary exemptions.

Representative Suzan DelBene from Washington state officially introduced the measure as H.R. 10774 on October 9, 2026. Dozens of federal lawmakers joined as original cosponsors across the House of Representatives. Because the bill targets specific cetaceans, supporters argue it focuses on species least suited for artificial habitats.

Specifically, the statutory language amends two foundational federal laws governing animal welfare:

• First, it amends the Marine Mammal Protection Act of 1972 under Title 16 of the U.S. Code.
• Second, it updates the Animal Welfare Act under Title 7 of the U.S. Code.

Meanwhile, federal agencies would oversee enforcement across facilities holding marine mammals. However, the bill does not force facilities to immediately surrender captive animals. Instead, existing populations would live out their lives in current facilities. Alternatively, owners may transfer them to designated sea sanctuaries.

How would HR 10774 impact American marine theme parks and local economies?

The introduction of HR 10774 creates immediate regulatory questions for commercial aquariums and coastal tourism markets. Marine theme parks hold roughly 70 affected whales nationwide. Now, these venues face potential long-term shifts in operational planning. Consequently, local tourism hubs reliant on large venue attractions must prepare for evolving federal standards.

Theme parks in Florida, California, and Texas rely heavily on marine mammal exhibits to attract families. Therefore, business operators monitor federal legislative proposals closely. Furthermore, ending breeding programs means display exhibits will gradually phase out as current animals age.

Facilities holding these animals invest millions of dollars annually into specialized healthcare and habitat maintenance. Because breeding prohibitions prevent herd replenishment, park operators face major changes. Eventually, they must transition display tanks into alternative educational exhibits.

How does the Marine Mammal Protection Act apply to captivity rules?

The Marine Mammal Protection Act establishes federal rules for taking and publicly displaying ocean mammals. Under current law, facilities obtain federal permits to keep animals for public education and conservation. However, proposed amendments would narrow permit approvals. Additionally, the changes would permanently restrict new commercial display acquisitions.

Under the proposed rules, exemptions exist primarily for scientific research, rescue efforts, and sanctuary transport. For example, authorities can still provide temporary care for injured or stranded whales. However, re-entering those animals into commercial display shows would be illegal under the new rules.

What is the background behind the whale captivity bill?

Public debate surrounding the whale captivity bill has intensified over recent decades. Growing scientific research on marine mammal intelligence drives this discussion. Proponents argue that large cetaceans possess complex emotional and social structures. Consequently, legislative sponsors assert that artificial tanks cannot meet the biological needs of these large ocean predators.

Researchers estimate that approximately 70 whales from the designated species reside in captivity across the United States. Specifically, these animals belong to four distinct species groups:

• Orcas, commonly known as killer whales
• Beluga whales
• Short-finned and long-finned pilot whales
• False killer whales

For decades, environmental groups have pushed Congress for statutory bans on cetacean breeding. Conversely, industry representatives emphasize the role accredited marine parks play in wildlife conservation and public education. Furthermore, they argue that managed care fosters public connection to ocean ecosystems and supports critical field research.

What steps remain for Representative Suzan DelBene and lawmakers?

The proposal sponsored by Representative Suzan DelBene must clear several legislative hurdles before reaching a House floor vote. House leaders assigned the bill to the Committee on Natural Resources and the Committee on Agriculture. Therefore, committee members must review, debate, and potentially amend the text before any floor consideration.

The bill entered Congress on October 9, 2026. As of late 2026, it remains in committee. Meanwhile, congressional analysts note several details remain unconfirmed in current public records. For example, specific effective dates, detailed penalty structures, and implementation budgets require formal committee markups.

Additionally, lawmakers must balance federal regulatory authority with private property considerations and local economic realities. Theme parks already operate under strict USDA and NOAA oversight. Consequently, additional federal rules require clear guidelines for facility compliance.

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