On July 16, the Senate Appropriations Committee adopted, 18 to 12, an amendment to the Agriculture appropriations bill that would direct the U.S. Department of Agriculture (USDA) to seek public comment on a proposed rule relating to the treatment of captive marine mammals.

Marine mammal welfare is regulated under the 1966 Animal Welfare Act, and some of the current rules date back to the 1980s. In the mid-1990s, USDA began negotiating with the industry on an updated rule that would set minimum standards for the humane handling, care, treatment, and transportation of such animals. It wasn’t until 2012, however, that a proposed rule was submitted to the White House, where it has languished ever since.

“Current animal welfare standards are more than 20 years old and don’t reflect studies for large marine mammals like orcas, “said Senator Dianne Feinstein, who offered the amendment. She argued that recent documentaries about animal abuse in theme parks have raised questions about whether such marine mammals can thrive in confinement.

Although the amendment simply added language to the committee report, and therefore does not have the force of law, it prompted a backlash from the industry. The Alliance of Marine Mammal Parks and Aquariums said that while the group was “not opposed to the science-based re-evaluation of marine mammal or any mammal welfare standards,” it did not believe it necessary to impose an immediate and arbitrary deadline on the rule.