MARINE MAMMAL COMMISSION — Annual Report for 1991 



Feeding Wild Marine Mammals 



In 1988, the Commission became aware that 

 certain operators conducting commercial dolphin- 

 watching trips in the Gulf of Mexico had begun 

 feeding the dolphins as part of their tours. The 

 Commission referred the matter to the National 

 Marine Fisheries Service, noting that feeding wild 

 dolphins was contrary to the provisions of the Marine 

 Mammal Protection Act and could have adverse 

 effects on the dolphins. 



Recognizing that dolphin-feeding may constitute a 

 "take" under the Marine Mammal Protection Act, one 

 operator, on 25 January 1989, requested a public 

 display permit to approach by boat, observe, and feed 

 bottlenose dolphins in the Corpus Christi Ship Canal. 

 After a thorough review of the issue, the Commission 

 concluded that wild dolphin feeding programs, even 

 those conducted with the utmost care and best of 

 intentions, could adversely affect the dolphins. By 

 letter of 21 December 1989, it therefore recommended 

 that the permit be denied. Among the considerations 

 that led to its conclusion were that feeding programs 

 may (1) cause dolphins to be attracted to fishing boats 

 and other vessels, increasing the likelihood that they 

 will become entangled in fishing gear, be struck by 

 vessels, or be shot, poisoned, or fed foreign objects; 

 (2) cause animals to become dependent on such food 

 sources and become less able to find and catch natural 

 prey when feeding is discontinued; (3) alter migratory 

 patterns, thereby subjecting animals to food shortages 

 or inhospitable conditions that otherwise would be 

 avoided; (4) condition animals to expect food firom 

 people, causing aggressive behavior when food is not 

 offered; and (5) expose animals to and make them 

 more susceptible to disease. 



The Commission further recommended that the 

 Service advise those conducting or contemplating 

 programs in which wild marine mammals are fed that 

 such programs constitute an unauthorized take under 

 the Marine Mammal Protection Act. Tours that 

 provide opportunities for observing dolphins, but 

 which do not involve feeding, may, however, be 

 conducted legally in ways that do not harass or 

 otherwise take the animals. The Commission noted 

 that guidance on such activities should be provided in 



whale-watching regulations currently being considered 

 by the Service. 



On 15 June 1990, the National Marine Fisheries 

 Service denied the request for the dolphin feeding/ 

 public display permit, citing its belief that these 

 programs are not consistent with the purposes and 

 policies of the Marine Mammal Protection Act. In 

 addition, on 29 August 1990, the Service published a 

 policy statement in the Federal Register advising that 

 it would no longer accept or review public display 

 permit applications seeking authorization to feed 

 marine mammals in the wild. 



In light of its published policy statement, the I 

 Service, on 20 September 1990, returned an applica- 

 tion from another tour operator who was seeking 

 authority to conduct a dolphin-feeding program under 

 a joint public display/scientific research permit. The 

 Service advised the applicants that the joint permit 

 request could not be processed and suggested that a 

 revised application for the scientific research aspects j 

 might be submitted. A scientific research permit 

 application was subsequently filed with the Service on 

 22 October 1990, but was found to be deficient. The 

 applicants were advised that they had not provided 

 sufficient information to demonstrate that the proposed 

 taking would be necessary to further a bona fide 

 scientific purpose and would not unnecessarily dupli- 

 cate other research. 



To avoid any possible misunderstanding as to 

 whether feeding wild marine mammals constitutes a 

 take and is therefore a violation of the Marine Mam- 

 mal Protection Act, the Service, by Federal Register 

 notice of 29 August 1990, proposed to revise its 

 regulatory definition of the term "take." The pro- 

 posed revision would clarify that taking includes 

 "feeding or attempting to fe«i a marine mammal in 

 the wild in any manner." 



By letter of 11 December 1990, the Commission 

 supported adoption of the rule as proposed. The 

 Commission's letter noted that feeding wild marine 

 mammals could be harmful to the animals and that the 

 proposed regulatory definition was consistent with the 

 underlying statutory definition of the term "take." 



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