The purpose for developing this program is to minimize the potential of wild dolphin harassment that may result from commercial viewing activities; to reduce expectations of members of the public arising from wanting to closely interact with wild dolphins in a manner that may cause harassment (e.g., intentionally swimming toward and with dolphins - see note below); to eliminate advertising by commercial wildlife viewing operations that creates expectations to engage in activities that may cause harassment; and to reduce the potential causes of harassment to a small, resident group of wild dolphins in the FKNMS including high density of boats in a small area, inexperience operating vessels around dolphins, lack of education about regulations and laws among commercial operators, and lack of awareness about wild dolphin behavior and signs of disturbance.

Dolphin SMART is an education and public awareness program, not a law enforcement program. Any suspected violations of the Marine Mammal Protection Act (MMPA) or other laws will be referred to the appropriate law enforcement agency.

The program partners to this agreement are the Florida Keys National Marine Sanctuary (lead), National Marine Fisheries Service (NMFS), National Marine Sanctuary Program headquarters, and the Whale and Dolphin Conservation Society. Although they are not program partners, the NOAA Office of Law Enforcement and local stakeholders also assisted in developing the program.

A. Develop criteria that will assist participants in achieving voluntary compliance with legal requirements, policies, and guidelines, as well as best practices aimed at preventing harassment of wild dolphins.

B. Develop outreach and education materials to ensure participants' awareness of the issues surrounding wild dolphin conservation and how to promote dolphin conservation by preventing harassment.

C. Share outreach materials with wildlife tour booking agents and the general public to promote wild dolphin stewardship.

D. Determine the program's overall effectiveness in the FKNMS by developing an evaluation component to measure adherence to the program criteria.

E. Establish a platform for public recognition of operators complying with the program criteria.

A. Phase 1(during the first year of the program): Businesses conducting wild dolphin viewing tours in Key West, Florida.

B. Phase 2 (tentatively planned for Year 2): Booking Agents (hotels, booths, web concierges, and free-standing booths) in Key West, Florida.

A. Commercial Operators
(Note 1: Participation in this program does not ensure that the vessel complies with the United States Coast Guard safety inspection or other applicable safety and insurance requirements. Patrons should be encouraged to ask businesses if they maintain current inspection, license, and insurance documentation.)

(Note 2: Some charter businesses that take customers to view wild dolphins also conduct other types of charters, such as fishing trips. Dolphin SMART participants agree to follow the program criteria if they encounter wild dolphins, even if they are running another type of charter when the encounter occurs.)

1. Conduct Educational Briefing Onboard Vessel
   Prior to viewing wild dolphins, conduct an educational onboard briefing about the Dolphin SMART program. The briefing should include what the program is, why it is important, and the code of conduct that participants agree to follow, as well as where additional educational information can be obtained. Participants will be provided with a "script" to guide the onboard briefing.
2. Provide Outreach Materials
   Provide customers with outreach materials that promote the program objectives. FKNMS and other program partners will supply outreach materials at no charge.
   a. Provide handouts at the end of each tour with pertinent program information and "script" from educational briefing.
   b. Upon request by clients, disseminate additional outreach materials approved by program partners following the tour.
   
3. Comply with Applicable Laws and Report Marine Mammal Strandings, Injuries, Entanglements, and Potential Violations
   a. Comply with all applicable resource protection laws and regulations (e.g. FKNMS regulations, US Fish and Wildlife Service regulations, Marine Mammal Protection Act, Endangered Species Act).
   b. Report suspected violations of the Marine Mammal Protection Act to the NOAA Office of Law Enforcement's hotline: 1-800-853-1964.
   c. Report any marine mammal strandings to the local stranding hotline at 1-888-404-3922 or the NMFS stranding hotline at 305-862-2852.
   
4. Follow Established Policies, Guidelines, and Recommendations to Prevent Harassment
   a. Follow NMFS policy statement on marine mammal harassment: "Interacting with wild marine mammals should not be attempted, and viewing marine mammals must be conducted in a manner that does not harass the animals. NMFS cannot support, condone, approve or authorize activities that involve closely approaching, interacting or attempting to interact with whales, dolphins, porpoises, seals or sea lions in the wild. This includes attempting to swim with, pet, touch, or elicit a reaction from the animals."
   b. Follow NMFS Southeast Regional Office's Marine Mammal Viewing Guidelines listed below:
   • Remain a respectful distance from marine mammals and sea turtles. The minimum recommended distances are:
     • Dolphins, porpoises, seals = 50 yards
     • Whales = 100 yards
   • Limit time spent observing marine mammals to 30 minutes. (Note: for purposes of the Dolphin SMART Program, this viewing time is per group of dolphins rather than per trip.)
   • Marine mammals should not be encircled or trapped between watercraft, or watercraft and shore.
   • If approached by a marine mammal, put the watercraft's engine in neutral and allow the animal to pass. Any vessel movement should be from the rear of the animal.
   • Never feed or attempt to feed wild marine mammals.
   c. Avoid engaging in viewing activities or associated activities that have the potential to cause harassment of wild dolphins, such as attempting to swim with wild dolphins.
   d. Avoid vessel operations that separate mothers and calves.
   e. Slowly depart area if wild dolphin(s) display signs of harassment, such as forcibly exhaling, tail-slapping, repeated avoidance behavior, erratic changes in speed or direction, or lengthy periods underwater.
   
5. Voluntarily Exceed Standards Specified by Law, Policies, and Guidelines to Prevent Harassment and Promote Stewardship
   a. Avoid making loud or sudden noises near dolphins.
   b. Approach and depart dolphin(s) at a slow "no wake" speed.
   c. Limit the number of vessels within 50 yards of each group of dolphins to one, with a second vessel waiting in the distance until the first departs. The maximum number of vessels within 50 yards of a group of dolphins at any time should be no more than two and only when vessels are unable to locate other groups of dolphins.
   d. Participate in marine debris and beach clean-ups, recycling, and vessel wastewater pump-out.
6. Participate in Training
   a. Participate in training provided by the program partners to attain a minimum knowledge standard on laws protecting wild dolphins, wild dolphin viewing etiquette, natural versus disturbed behaviors, and research,.
   b. Ensure that all employees are trained according to program standards. The program partners will provide necessary materials to participants to ensure that employees are trained according to the program standards.
7. Engage in Responsible Advertising
   (Note: "Advertising" includes any print advertisements that mention the business's name or those linked to the business, search engine listings, and any posted photos. This also includes, but is not limited to, pitch sheets, print, web, visual, and radio.)
   a. Engage in responsible advertising that promotes responsible wildlife viewing.
   b. Follow NMFS' "Recommendations for Advertising Wild Marine Mammal Viewing" (contained in participant's handbook):
   • Do not depict people feeding or attempting to feed wild marine mammals or reaching out to dolphins. Advertisements should avoid suggesting that these activities will/can occur during the tour.
   • Do not depict people touching, pursuing, chasing, attempting to swim with, or closely interacting with wild marine mammals.
   • Do not depict people in close proximity to wild marine mammals.
   • Do not depict begging dolphins in advertisements that promote viewing wild dolphins. Typical dolphin begging behavior generally entails an animal that approaches people in typical begging pose, with its head fully out of the water.
   • Do not depict dolphins, manatees, or sea turtles photographed or videoed underwater or otherwise imply photographer was in the water.
   • Do not use wording that may convey physical contact such as, but not limited to, "encounter," "interaction," or "communicate".
   c. Advertise a prepared statement about responsible wild dolphin viewing, which is included on all advertisements that use the Dolphin SMART logo.
   
8. Display current year Dolphin SMART flag and decal on vessel at all times.

B. Booking Agents

1. Participate in Training
   Undergo training on all aspects of the program and its importance.
2. Notify Customers about Program
   Inform prospective customers about Dolphin SMART and the importance of wild dolphin viewing etiquette.
3. Disseminate Outreach Materials
   a. Maintain materials on responsible viewing (such as NMFS Guidelines).
   b. Provide customers with outreach materials selected and provided by the program partners.
4. Conduct and Disseminate Responsible Advertising
   a. Conduct responsible advertising in print material, websites, other media, and word of mouth, as outlined previously in this framework.
   b. Disseminate responsible advertising by commercial operators.

1. Business owner or manager indicates to Dolphin SMART program coordinator the desire to become Dolphin SMART participant.
2. Program coordinator provides business owner/manager with a checklist of Dolphin SMART program components and criteria, as well as materials to help the business prepare for an evaluation before participation and recognition are confirmed.
3. Business owner/manager attends an initial Dolphin SMART training workshop (see paragraph B below for more details). The owner/manager ensures that all employees are trained to program standards before the evaluation, by either attending the initial training workshop or training their employees in-house with provided materials.
4. Following the training, business owner/manager reviews checklist of Dolphin SMART program components and criteria and ensures their practices comply.
5. When prepared, business owner/manager contacts Dolphin SMART coordinator to request an evaluation to ensure their business is following the program criteria.
   a. Evaluation occurs within four weeks of request;
   b. Dolphin SMART coordinator meets with participant at the business site on a mutually convenient date to review evaluation checklist;
   c. Dolphin SMART coordinator observes a complete dolphin
   viewing charter to ensure the briefing includes educational information, and that the captain (and other staff when applicable) is following program criteria;
   d. A Dolphin SMART volunteer representative contacts the potential participant and discusses the trip to ensure that appropriate information is conveyed to customers;
   e. Dolphin SMART coordinator requests copies of company
   brochures and other advertising materials, reviews the participant's web page and conducts a web search to ensure all advertising information follows program criteria.
   f. Evaluation results are provided within four weeks of site visit and review of information.
   
6. Following successful completion of the evaluation, the owner/manager becomes an official Dolphin SMART participant by signing an agreement to voluntarily follow Dolphin SMART program criteria. The participant also receives recognition materials (see paragraph C below for more details) from the program partners and is included, as feasible, on all Dolphin SMART materials.
7. If the owner/manager does not meet all program criteria following the evaluation, the Dolphin SMART coordinator provides a letter describing the manner in which the business is not following the program criteria and how best to alter their practices to conform. The Dolphin SMART coordinator provides technical assistance, when possible. After reviewing the evaluation and making any suggested changes, the owner/manager contacts the Dolphin SMART coordinator to arrange for a re-evaluation. The re-evaluation will be scheduled no later than four weeks after the request is made. (Note: If the request is made within six months of the initial evaluation, only areas in which the criteria are not being followed will be re-evaluated. If the request is made more than six months after the initial evaluation, a full evaluation will be conducted.)

1. Program partners and stakeholders conduct an initial training workshop to ensure all participants understand the framework, including regulations, and how to responsibly view wild dolphins, as well as relevant research.
2. Training will initially be conducted twice per year, and then once per year, to ensure the availability of training for new participants.
3. Outreach and educational materials that are necessary for program participation and to train employees are provided to participants at no charge. These may include, but are not limited to:
   a. Participation handbook:
   • Dolphin SMART program framework
   • NMFS policy statement
   • SER Marine Mammal and Sea Turtle Viewing Guidelines
   • Handouts of applicable laws
   • List of pertinent websites
   • "Watch that Wildlife: A Guide to Viewing Wildlife in the Florida Keys"
   • Pertinent harassment literature
   • Recommendations for responsible advertising
   b. Interactive website for training:
   This training module provides all employees with standardized program training by providing an explanation of all components of the framework, how to adhere, and how to identify disturbed or stressed dolphin behaviors. It also provides a consistent means of training new employees. After successful completion of the online course, employees are able to print out a certificate indicating completion of the Dolphin SMART online training.

C. Recognition
Upon successful completion of training, evaluation, and signing of voluntary Dolphin SMART agreement, applicant is included on the list of program participants and receives all program materials, as well as a flag and/or decal with Dolphin SMART logo to display on their vessel.

D. Annual Evaluation
Evaluation of participants annually is essential to gauge the program's effectiveness and success, which relies on participants continuing to follow the program criteria after their initial evaluation and after receiving recognition as a Dolphin SMART participant. The goal of annual evaluation is to ensure that the Dolphin SMART criteria are being followed, not to eliminate participants from the program. Therefore, the focus of the annual evaluation process is providing constructive comments to participants on their operations as related to Dolphin SMART and working with them to meet program criteria.

1. A Dolphin SMART volunteer who is trained through the Sanctuary's volunteer program or a third party entity conducts the annual evaluation. Evaluation techniques may include, but are not limited to:
   a. Customer evaluation.
   b. Prearranged ride-along by the Dolphin SMART Coordinator, trained volunteer, or third party, with feedback provided to the operator following the close of the trip.
   
2. All Dolphin SMART participants conducting regular wild dolphin viewing trips, regardless of how many vessels and captains are associated with their business, are evaluated at least once per year.
3. Volunteers conducting Dolphin SMART evaluations are rigorously trained and screened to ensure objectivity and accurate assessment.
4. The volunteer books and attends a regularly scheduled charter. The volunteer evaluates the charter for adherence to the Dolphin SMART criteria using a standard reporting form. At the conclusion of the charter, the volunteer identifies himself to the operator as a Dolphin SMART volunteer and reviews the evaluation results, noting any areas of concern and offering recommendations on how to address them. The operator will have the opportunity on the form to note any areas of disagreement regarding the evaluation. The volunteer notifies the operator that he will receive a copy of the evaluation results via mail, fax or email, whichever the operator prefers. The volunteer explains how the operator can challenge the findings if he disagrees with any observations or conclusions contained in the report. If a volunteer observes what he believes may be a violation of the Marine Mammal Protection Act or any other law, he contacts the appropriate enforcement agency to report the incident.
5. The volunteer provides the evaluation form to the Dolphin SMART coordinator, who forwards a copy to the participant. If there are any areas of deviation from the program criteria, the participant has 30 days to revise their practices. The Dolphin SMART coordinator is available for technical assistance as necessary. The participant is re-evaluated after the 30-day timeframe mentioned above through an unannounced spot check, second volunteer evaluation, meeting with Dolphin SMART program coordinator, or pre-arranged ride-along by the program coordinator, volunteer, or third party. The participant will not receive decals or flags for the new program year until they are determined to have revised their practices to meet the Dolphin SMART criteria. Only a current year decal and flag indicate active participation in Dolphin SMART.
6. If a Dolphin SMART participant disagrees with the findings of an annual evaluation, the participant submits a written description of the discrepancy. After reviewing both accounts, the program coordinator will decide whether the participant did not satisfy the criteria, triggering the process in "5" above. If the program coordinator determines that the participant successfully met the program criteria, this will be noted on the evaluation form. The participant will receive notification via email, mail or fax that no further action is required.
7. Government funds or grant funding administered by the government will cover the cost of trips taken by Dolphin SMART volunteers to evaluate program participants.
8. Participants are welcome to provide feedback on the evaluation process to the program coordinator at all times.
9. Additional spot-checks may be carried out on a random or unannounced basis to ensure that all participants continue to meet the program criteria.
10. Complaints from the general public or other program participants that a participant is not following program criteria will be handled according to the procedure described in Section VI, below.

E. Refresher Training

1. Prior to renewal and by December 1 of each year, participants complete the online interactive training course as a refresher training.
2. The course includes a question/answer section at the end of the training for participants to complete. An e-mail notification is automatically sent to the Dolphin SMART program coordinator to indicate the participant successfully completed the refresher course.

F. Annual Renewal

1. Recognition materials, such as vessel decals or flags that publicize participation in the program, display the current year (similar to vessel registration stickers).
2. Only a current-year decal/flag indicates active participation in the Dolphin SMART program. Recognition for all Dolphin SMART participants automatically expires at the end of each calendar year.
3. New stickers or flags are distributed in December each year to participants who:
   a. successfully complete the annual evaluation and address potential problem areas found, in accordance with "D" above.
   b. complete the required annual online refresher training prior to December 1. All employees must complete the online refresher.
4. Dolphin SMART public awareness materials are updated as appropriate to reflect the current list of participants.

A. Telephone/verbal complaints
A record of the conversation is made and the complainant asked to put their concerns in writing. The complainant is advised that a copy will be provided to the participant against whom the complaint was made. The procedure for written complaints then applies. No further action will be taken unless a signed, written complaint is received.

B. Written complaints

1. Complaints are date stamped and copied to the Dolphin SMART program coordinator.
2. The program coordinator assesses whether the complaint relates to the program s criteria not being followed. If the complaint does not relate to the program criteria, no further action is taken.
3. The program coordinator forwards a copy of the complaint to the participant involved, outlining the main points of the complaint and requesting a response.
4. The program coordinator reviews the participant's response and considers whether or not the points have been adequately addressed. This may involve the need for a meeting with the participant to clarify any points.
5. If the program coordinator determines that the participant has deviated from the program criteria, they are given 30 days to address areas of concern. The participant is then re-evaluated through an unannounced spot-check, a meeting with the Dolphin SMART program coordinator or pre-arranged ride-along. The program coordinator will select the most appropriate evaluation method. *Note: Any complaint from the public that appears to describe take (including harassment) under the MMPA will be forwarded to NOAA Office of Law Enforcement.
6. If a second complaint is received within one year, the participant undergoes additional evaluation in accordance with the procedures described in "5" above.
7. If three complaints are received and upheld within one year, the participant will be ineligible for the Dolphin SMART program for one year. The participant will be removed from Dolphin SMART program materials when feasible and will not receive annual renewal stickers or flags. (The Dolphin SMART program will advise those seeking to book Dolphin SMART participants to look for a current year sticker and flag.)
8. The participant may request re-evaluation and renewed participation after one full year of nonparticipation. *Note: If any complaint that is investigated by NOAA Office of Law Enforcement as a take under the Marine Mammal Protection Act, Endangered Species Act or National Marine Sanctuary Act results in a judgment against the participant, the participant is dropped from the Program. Future reinstatement is completely at the discretion of the program partners.

A. In June of each year, Dolphin SMART participants are notified that the annual criteria review is commencing based on solicited input from participants, the public, and other appropriate parties on proposed revisions or additions. The comment timeframe is announced through e-mails or letters to participants and an announcement (not paid advertising) in local media.

B. Program partners review input from participants and others, along with any internal proposals, and complete a new draft of the framework if necessary.

C. In August, the new draft framework is circulated among participants for comment, with 30 days for responses.

D. By September 30th each year, comments are reviewed, and the revised final framework provided to participants.

E Participants agree to abide by all amendments to the Dolphin SMART criteria.

F. Program participants have three months (October through December) to ensure their practices meet the revised criteria. The online refresher training will be based on the revised criteria. As of January 1st each year, the revised criteria are used for all participant evaluations.

• Placards or brochures with activity specific viewing guidelines.
• Handouts on life history of bottlenose dolphins and other local species.
• Placards with "scripts" for on board briefings.
• Placards or "wheel display" to illustrate dolphin disturbance behaviors.
• Fact sheets explaining the program.
• Data sheets with pertinent trip information that patrons may fill out during trips. Participants submit these to researchers to augment local research.

1. Partners conduct new training workshops if the program framework is altered significantly through the annual criteria review process or if new information becomes available that benefits participants.
2. Partners may conduct additional educational workshops, upon request by the participants, on relevant topics of interest, such as local research.
   

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A. Posting information on their websites about the Dolphin SMART program, and a list of current participants.

B. Conducting outreach about the program in various publications.

C. Working with other organizations to promote the importance of the program through their websites and applicable publications.

D. Recognizing program participants through Dolphin SMART program press releases acknowledging their achievement of successfully completing the program's training and agreeing to follow voluntary criteria.

E. Program participants may use the Dolphin SMART logo in advertisements that meet the Dolphin SMART advertising criteria as outline earlier in the document.