U.S. Regulations

Even the most regulated facilities put captive whales and dolphins at risk.

In U.S. waters, the Marine Mammal Protection Act (MMPA) (in collaboration with the Endangered Species Act (ESA) in some cases) establishes a moratorium on the “taking” of marine mammals. “Take” is defined as “to hunt harass, capture, or kill” any marine mammal or attempt to do so. However, despite the protection the MMPA affords, the cruel confinement of marine mammals is legitimate at facilities through permitting procedures. The MMPA only stipulates that the capture of wild dolphins and other marine mammals is acceptable as long as the facility applies for and receives a permit from the National Marine Fisheries Service (NMFS). When the MMPA was drafted in the early 1970s, it was assumed that marine mammal displays were important for conservation and education – but today, it’s obvious that whales and dolphins are primarily displayed for human entertainment, not conservation or educational purposes.

It is widely believed that it is illegal to capture wild dolphins in U.S. waters. Even though no permits have been granted for captures since 1989, IT IS STILL LEGAL TO CAPTURE DOLPHINS from the wild.

There are two main reasons why wild dolphins have not been captured from U.S. waters since 1989:

• Stranded animals have supplied the captive industry with a sufficient number of animals for their displays. At this time the industry has voluntarily agreed to halt captures, but there is no guarantee this agreement will continue permanently.
  
• Public awareness about the traumatizing and brutal nature of dolphin captures has grown. The captivity industry doesn’t want to attract negative attention from the public and conservation/animal-advocacy groups by capturing dolphins from the wild.

Marine Mammal Protection Act (MMPA) (PDF, 582 KB)

Endangered Species Act (ESA) (PDF, 210 KB)

Permitting for capture and import

When a captive facility in the U.S. wants to capture or import a dolphin, they must first submit an application to the National Marine Fisheries Service (NMFS). NMFS will then refer the application to the Marine Mammal Commission (MMC), which is an agency of the U.S. Government established under the MMPA that provides independent oversight of marine mammal conservation policies and programs being carried out by federal agencies. The notice of the application is published in the “Federal Register,” at which time public comments are requested. Interest groups, including animal welfare organizations, conservation groups, activists, and any other interested parties (like you!) can send in comments for 30 days. After 30 days, the MMC decides whether the permit can be granted.

There are 3 requirements set by the MMPA that must be met by captive facilities before they can be granted permit approval. These requirements ensure that dolphins are not captured by individuals or maintained for private collections. The requirements are:

1. The facility must offer an education or conservation program based on recognized standards of the public display community, including the American Zoo and Aquarium Association and the Alliance of Marine Mammal Parks and Aquariums.
2. The facility must be open to the public on a regular basis.
3. An individual or facility can only keep a marine mammal on public display (includes interactive programs such as swimming-with-dolphins) if they are licensed under the Animal Welfare Act.