NOAA 98-R105

Contact:  Scott Smullen                  FOR IMMEDIATE RELEASE
                                         1/20/98

DOLPHIN FEEDING AND HARASSMENT STILL ILLEGAL

The National Marine Fisheries Service reminds people enjoying Florida's coastal waters that it is still against federal law to feed and harass wild dolphins. Recent press coverage about a local court ruling on the state's wildlife law may have confused many area residents and tourists who remember that the fisheries service conducted a federal public awareness campaign last summer in Florida.

Dolphin feeding and harassment has increased at an alarming rate throughout the Southeast in Florida, Texas and South Carolina. The flurry of feeding activity has agency officials worried that the average citizen is unaware that offering a dolphin a handout is harmful to the dolphins, dangerous to people, and illegal under the federal Marine Mammal Protection Act .

"We understand that people find it tempting to interact with wild dolphins. However, folks must understand that feeding wild dolphins is harmful and is therefore illegal under federal law. It is best for the dolphins' health and welfare to observe them at a respectful distance, to resist feeding them, and to avoid any activities that risk harassment such as chasing, touching or swimming with them," said Rollie Schmitten, director of the National Marine Fisheries Service.

Feeding dolphins in the wild is illegal under the Marine Mammal Protection Act (MMPA) because the activity changes the animals' natural behavior in ways that put them at increased risk of injury or death, and may impact their ability or willingness to forage for food. The prohibition on feeding was upheld in 1993 by the U.S. Fifth Circuit Court of Appeals, and is widely supported by the scientific research and environmental communities since provisioning of any species of wildlife is known to be harmful.

An in-depth review conducted by the National Marine Fisheries Service, outside marine mammal experts, and the Marine Mammal Commission, determined that feeding marine mammals in the wild is contrary to the mandates of the MMPA to protect individuals, species and stocks of marine mammals, and alters their behavior in ways that place them at increased risk of injury and death. Repeated exposure to humans and human activities has been correlated with placing these animals at greater risk of incidental interactions with vessels and fishing activities, vandalism, and ingestion of inappropriate and contaminated food items. In addition, feeding may impact their ability or willingness to forage for food, which is of particular concern for young animals who need to learn foraging skills.

The fisheries service is also concerned that "swim-with-dolphin" programs in the wild risk harassing the animals since such programs seek out and interact with dolphins in a manner that has the potential to disturb the animals' behavioral patterns. Swim-with-dolphin activities in Panama City, Fla., are of particular concern because they are either directly facilitated by, or capitalize on, illegal dolphin feeding.

An additional concern about interactions with wild dolphins is that individual animals may become labeled as "nuisance animals." In the Southeast, this concern is growing as dolphins are being turned into aggressive panhandlers. The fisheries service and local law enforcement officials have received numerous reports of people being injured by dolphins begging for food.

"If people truly care for wild dolphins, they will allow them to stay wild by not interacting with them," said Schmitten. "Please admire them from a safe distance of at least 50 yards." More than a decade ago, the fisheries service enacted marine mammal watching guidelines that ask people to refrain from intentionally approaching or entering the water within 50 yards of a marine mammal in order to protect the animal and avoid harassment. If the animal approaches the vessel, operators should maintain a constant speed and direction to avoid positioning the vessel in ways that would restrict or modify the animal's normal movements.