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Protection for Dolphins: 



Laying Down the Law 



)day, dolphins and other marine 

 mammals are protected from human 

 harm and harassment in the United 

 States by the Marine Mammal Protec- 

 tion Act (MMPA). Established in 1972, 

 the MMPA protects 

 dolphins from being taken 

 or harassed. The law also 

 prohibits human contact, 

 except by people with 

 special permits. Enforce- 

 ment of this law is carried 

 out by the National Marine 

 Fisheries Service, a branch 

 of the National Oceanic 

 and Atmospheric Adminis- 

 tration (NOAA). 



Since the law was 

 implemented, only about 

 500 permits authorizing 

 individuals to handle 

 marine mammals have 

 been issued, says Kevin 

 Collins, legal adviser for NOAA in 

 Washington, D.C. 



Meanwhile, the definition of illegal 

 dolphin "taking" has also been ex- 

 panded to cover "capturing, hunting, 

 killing or harrassment and feeding," he 

 says. "That includes any restraint or 

 detention of a dolphin, chasing with a 

 boat or negligent operation of a boat." 



The legal focus on boats stems 

 from one of the latest threats to dolphin 

 survival — the tourism industry, 

 according to Collins. 



"Feeding cruises are springing up 

 everywhere," he says. Although this 

 practice hasn't been challenged, it may 

 verge on harassment, says Lundie 

 Spence, N.C. Sea Grant's marine 

 education specialist. Feeding a dolphin 



a food or nonfood item can be harmful 

 because it disrupts natural migratory 

 patterns and creates dependence on 

 human-supplied food, says Collins. 

 There is a steep price to pay for 



breaking the law, Collins says. Violat- 

 ing the MMPA subjects people to civil 

 penalties of up to $20,000 per offense 

 and up to one year in jail. 



Another potentially harmful but 

 growing tourist activity is "swim-with- 

 the dolphin" programs, which operate 

 in states other than North Carolina, 

 such as Hawaii and Florida. Although 

 the programs are designed to educate 

 the public on marine mammal issues, 

 some environmentalists say they 

 constitute harassment. Critics also 

 complain that the programs coax people 

 into believing that dolphins kept in 

 lagoons or tanks behave like dolphins 

 in the wild and that it is acceptable to 

 keep them in captivity. 



At times, the idea of harassing a 



dolphin seems as nebulous in the world 

 of nature as it does in the human 

 workplace. However, the MMPA 

 specifically defines harassment as: "any 

 intentional or negligent act which 



creates the likelihood of 

 injury to wildlife by 

 annoying it to such an 

 extent as to significantly 

 disrupt normal behavior 

 patterns." 



The fundamental 

 problem is that it's not 

 always easy to assess the 

 impact human activities 

 have on the behavior of 

 dolphins and whales. 

 Scientists have been unable 

 to effectively link some 

 human interactions with 

 behaviors associated with 

 disturbance. This means 

 people have to exercise 

 careful judgment when they encounter a 

 dolphin in the water to ensure that their 

 actions may not be legally interpreted as 

 harassment. 



Some guidelines for boaters who 

 encounter marine mammals include: 



• When in sight of dolphins or other 

 marine mammals, avoid excessive boat 

 speed or sudden changes in speed or 

 direction. 



• Do not attempt a head-on approach 

 to moving or resting marine mammals. 



• If dolphins approach your boat, 

 put the engine in neutral and do not re- 

 engage propellers until they are observed 

 at the surface, clear of the vessel. 



• Diving with dolphins or whales is 

 considered to be an intentional approach 

 and a violation of federal law. □ 



Important Numbers 



For information on dolphin workshops for adults and children at the N.C. Maritime Museum, call 919/728-7317. 

 For information on Duke University's marine mammal workshop, call 919/504-7625. 



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