MARINE MAMMAL COMMISSION - Annual Report for 1998 



public and wild marine mammals. These activities 

 typically involve approaching animals as closely as 

 possible to observe, photograph, pose with, or touch 

 them. Other cases have involved feeding animals. 

 These latter cases include instances in which entrepre- 

 neurs regularly fed particular groups of wild marine 

 mammals to encourage them to approach their vessels. 

 Passengers then pay a fee to view, feed, or swim with 

 the marine mammals (see Figure 16). 



Although such activities are not motivated by a 

 desire to harm animals, they can pose substantial risks 

 to both humans and wild marine mammals. Among 

 other things, people may not fully appreciate the 

 danger of injury from being bitten or rammed by 

 animals. In addition, animals may be driven from 

 preferred habitat, injured by people wishing to touch 

 or prod them, poisoned by inappropriate or contami- 

 nated food, or have their behavior changed in ways 

 that cause them to interact with other human activities 

 and become pests. Because such interactions may 

 disrupt or injure wild marine mammals, they may 

 constitute harassment under the Marine Mammal 

 Protection Act. In fact, the regulatory definition of 

 the term "take" includes feeding marine mammals in 

 the wild. 



Two instances in which such concerns have arisen 

 are discussed below. One involves commercial tours 

 that feature swimming with and feeding wild bottle- 

 nose dolphins and the other involves close approaches 

 to elephant seals on certain California beaches. A 

 third instance, harassment of Florida manatees by 

 swimmers and divers, is discussed in Chapter II. 



A fourth instance, not discussed below, involves 

 commercial and recreational swim programs with 

 spinner dolphins in the wild in Hawaii. The National 

 Marine Fisheries Service is in the process of develop- 

 ing educational materials that address harassment of 

 these dolphins, and Service representatives met with 

 Hawaii state representatives in 1998 to discuss the 

 issue. The Commission is concerned that swim 

 programs are disrupting the natural behavior of 

 spinner dolphins and could displace them from their 

 inshore, daytime resting areas. The Commission has 

 requested that the Service keep it informed of any 

 actions it takes to protect the species from commercial 

 and recreational activities. 



Interactions with Bottlenose Dolphins 

 in the Southeastern United States 



In recent years, a growing number of commercial 

 operators have begun offering tours that feature 

 opportunities to swim with or feed marine mammals 

 in the wild. The most prevalent of these operations 

 involve bottlenose dolphins in nearshore waters off the 

 southeastern United States. Such encounters that 

 involve feeding or that otherwise harass or take 

 marine mammals are prohibited under the Marine 

 Mammal Protection Act. 



Swimming with, feeding, and otherwise directly 

 interacting with marine mammals in the wild can be 

 dangerous for both people and the animals involved. 

 Even when no immediate injury results, marine 

 mammals may become habituated to people and boats. 

 This can embolden the animals and expose them to 

 risks they might not otherwise face. 



In light of this concern, on 20 December 1996 the 

 Commission wrote to the National Marine Fisheries 

 Service about the proliferation of recreational and 

 commercial ventures featuring such interactions in the 

 southeastern United States. The Commission recom- 

 mended that the Service take steps to advise both the 

 public and tour operators that such direct interactions 

 constitute a taking of marine mammals without proper 

 authorization and are against the law. The Commis- 

 sion noted that the regulatory definition of "take" 

 includes feeding marine mammals in the wild and, as 

 such, feeding bottlenose dolphins as part of a tour 

 clearly violates the Marine Mammal Protection Act. 



In response to the Commission's letters, the 

 Service instructed its enforcement personnel to height- 

 en attention to these violations. In addition, in May 

 1997 representatives of the Service visited the south- 

 eastern United States to meet with members of the 

 general public and private tour operators to explain 

 what constitutes harmful human-marine mammal 

 interactions. The Service also contracted with the 

 Florida Marine Patrol to provide additional enforce- 

 ment presence through the end of 1997. On 14 July 

 1997 the Commission wrote to commend the Service 

 for these efforts and requested information on the 

 status of the enforcement contract with the Florida 



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