Section 1 Short title
This Act may be cited as the “Orca Responsibility and Care Advancement Act of 2017”.
Orca Responsibility and Care Advancement Act of 2017
A BILL
To amend the Marine Mammal Protection Act of 1972 to prohibit the taking, importation, and exportation of Orcas and Orca products for public display, and for other purposes.
Sec. 2 Prohibition on taking, importation, and exportation of Orcas and Orca products for public display
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:
“(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, no permit may be issued by the Secretary that authorizes the taking or importation of any marine mammal of the species Orcinus orca, or any marine mammal product that consists, or is composed in whole or in part, of such species, for the purpose of public display.
“(3) Permits for the incidental taking of marine mammals in the course of commercial fishing operations may only be issued as specifically provided for in section 101(a)(5) or 306, or subsection (h) of this section.”
Prohibition on exportation for public display— 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 subsections:
“(g) Notwithstanding any other provision of law, it is unlawful to export any marine mammal product that consists, or is composed in whole or in part, of the species Orcinus orca.
“(h)
“(1) Notwithstanding any other provision of law, it is unlawful to export any marine mammal of the species Orcinus orca—
“(A) for a purpose other than to transport such marine mammal to a marine mammal sanctuary; and
“(B) without a determination by the Secretary that the transportation to such sanctuary is in the best interest of the individual marine mammal.
“(2) In this subsection, the term “sanctuary” means a place of refuge where marine mammals—
“(A) live in a 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 bred.”
Sec. 3 Prohibition on breeding of Orcas
The Animal Welfare Act is amended by inserting after section 26 (7 U.S.C. 2156) the following new section:
“26A. Breeding of Orcas
“It shall be unlawful for any person to artificially inseminate or breed a marine mammal of the species Orcinus orca for purposes of using the progeny of such species for public display.”