We receive many letters from people who would like to know what specific rules and regulations are implemented in the United States to protect dolphins and other marine mammals from harassment, capture, and captivity. Here follows a list of some of these questions, and their answers.
Is it not illegal to capture dolphins in US waters?
No. Contrary to common belief, it is not illegal to capture dolphins in the United States. No bottlenose dolphins have been captured in US waters since 1989, but this is not due to a change of legislation, rather a result of two events: First of all, the voluntary capture ban was implemented due to unprecedented strandings in previous years. Secondly the capture ban is a sign that the work of animal welfare organizations to expose the cruelty of dolphin captures worked: Today, the captive dolphin facilities know that animal welfare activists from all over the country will show up at any planned dolphin capture and make sure the violent capture is made known to the public.
Which law has been set up to protect dolphins in the United States?
It would be more correct to ask which law has been set up to regulate dolphins in the United States. The law is not protecting dolphins from the harm and harassment connected with capture and captivity; the law simply clarifies what specific rules apply to the capture and confinement of these animals. There is a big difference between animal protection and animal regulation.
The Marine Mammal Protection Act (MMPA) was implemented in 1972 and prohibits the capture of dolphins, or any other marine mammal, from US waters or by US citizens in international waters except by special permit.
Under the MMPA is it illegal to perform a so-called “take” of a marine mammal -- the term “take” is defined as “to hunt, capture, kill or harass or attempting to do any of these things” -- without the proper permit from NMFS. A permit to capture a dolphin may be granted by NMFS for the purpose of the following: Scientific research, public display, accidental captures by fishermen, conservation, and in case of a dolphin stranding. A few examples of how the law works: It is by means of a permit from NMFS that millions of dolphins have been killed in the tuna fishing industry. It is also by means of a permit from NMFS that the US navy captures dolphins and other marine mammals for use in their marine mammal program. These are examples of how the law, rather than protect dolphins, works to protect those who want to make use of these animals, be it for warfare or profitable dolphin shows.
When a US facility or individual wants to capture a dolphin, how is a permit obtained?
When an individual or institution wants to capture a dolphin, a capture permit is required. A person or facility can obtain such a permit by submitting an application to NMFS. NMFS then refers the application to its Marine Mammal Commission (MMC). Once the application has been published in the “Federal Register,” the public is given 30 days to make comments to the application. It is during this 30-day period that animal welfare organizations and individuals send letters to NMFS to object the proposed capture.
How does a facility obtain a permit to import or export a dolphin?
The procedure for importing or exporting marine mammals is the same as the one for conducting a capture. However, when a US facility applies for a permit to send a dolphin to a facility in another country, NMFS requires that the facility in that country meet certain standards. For example, it must meet the US criteria for water quality and space measurements. Additionally, the receiving facility must serve the purpose of being so-called “educational” or be part of a conservation program. These criteria are far too easily met and do not guarantee that a dolphin that is exported to another country will be given adequate living conditions.
Who keeps track of the dolphins that are transferred from one facility to another within the United States?
Since 1972, under the Marine Mammal Protection Act, it has been required that NMFS receives notification of every marine mammal that is being transferred within the United States. NMFS must also receive notification when a captive dolphin or other marine mammal dies and what it died from. Each year, NMFS gathers all of this data in the so-called Marine Mammal Inventory Report (MMIR). The MMIR is available to anyone, through the Freedom of Information Act.
Can anyone go out and capture a dolphin and keep it captive?
No. A person can’t simply go out and capture a dolphin and keep it in a swimming pool in his own backyard. In 1994 the MMPA was modified to require that captive dolphin facilities meet certain criteria:
1. The facility must offer what is called a “professional education program.”
2. The facility must be open to the public on a regular basis.
3. A person or institution can only keep a marine mammal on public display (exhibition, including interactive programs) if they are licensed under the Animal Welfare Act. (AWA, implemented in 1979.)
Who decides how much space a captive dolphin needs?
It is the Animal Welfare Act that sets the standards for the requirements of captive marine mammals. While NMFS is responsible for the Marine Mammal Protection Act for cetaceans and most pinnipeds, as well as for the Marine Mammal Inventory Report established under the MMPA, it is the Animal Plant Health Inspection Service (APHIS) that administers and enforces the Animal Welfare Act. In other words, once a dolphin is in captivity, NMFS no longer holds any authority over the animal. The animal is now under the jurisdiction of APHIS and it is their job to ensure that a facility meets the stadards as described in the Animal Welfare Act, such as space requirements, water quality, sanitation, food quality, transport, handling, veterinary care, and other aspects of keeping marine mammals in captivity.
This information does not fall under APHIS’ purview. Instead, contact the NMFS for the most recent copy of the Marine Mammal Inventory Report. NMFS might charge you a small fee but the MMIR is well worth the read if you are interested in knowing how many dolphins have died in captivity, and from what. The MMIR also provides information about the numbers of imports and exports, and numbers of marine mammals captured from the wild. If you would like further information on how to obtain a copy of the most recent MMIR, send an email to heleneobarry@yahoo.com
Many people assume that the standards of the United States for keeping dolphins in captivity are first-class, and if only every country would follow these standards, then captive dolphins would be a lot better off. But this is not the case. US standards for keeping dolphins captive are not difficult to live up to or even exceed.
For example, according to the space requirements under the Animal Welfare Act, a bottlenose dolphin can be legally confined to a space that measures no more than 24 by 24 feet, just 6 feet deep.
Where can I find more information on this subject?
You will find the exact content of the Animal Welfare Act requirements for marine mammals on APHIS’ Animal Care Home Page at www.aphis.usda.gov/ac
Click on 'Publications,' and then on Part 3 in the first section of the left hand column. The marine mammal specific regulations are found in sections 3.100 - 3.118.
The interactive program regulations -- they relate to captive dolphin swim programs -- are located in section 3.111. Part 1 of the AWA regulations has the definitions of terms used in the regulations and standards, and Part 2 are the general requirements that apply to all licensed and registered facilities.
Transportation requirements are found in sections 3.112-3.118.
Space requirements are found in section 3.128 .
When reading the requirements, keep in mind that there are different requirements for different species of dolphins and other whales. The different species are divided into different groups. The bottlenose dolphin (Tursiops truncatus) is categorized under cetacea group l, and so is the killer whale (Orcinus Orca)
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