Yes, dolphins are protected under U.S. law. The Marine Mammal Protection Act of 1972 makes it a federal offense to harass, hunt, capture, feed, or kill any dolphin in U.S. waters or on the high seas, and to import dolphins or their parts into the country.1Marine Mammal Commission. Marine Mammal Protection Act The protection applies to every dolphin species, not just endangered ones, and civil penalties for a single violation now exceed $36,000.
What the Law Forbids
The MMPA is built around a broad prohibition on “taking” a marine mammal. Federal regulations define a take as harassing, hunting, capturing, collecting, or killing a marine mammal, along with any attempt to do so.2NOAA Fisheries. Glossary – Marine Mammal Protection Act – Section: Take and Incidental Take Under the Marine Mammal Protection Act That definition sweeps in behavior most people would never suspect was illegal.
Feeding or attempting to feed a wild dolphin is explicitly listed as a form of take.3eCFR. 50 CFR 216.3 So is negligently operating a boat in a way that disturbs or injures a dolphin, tagging one without authorization, or collecting a dead dolphin or its parts. NOAA does not authorize swimming with, petting, touching, or attempting to provoke a reaction from wild dolphins.4NOAA Fisheries. Guidelines and Distances for Viewing Marine Life A friendly encounter where a swimmer paddles up to a wild pod can still qualify as harassment.
The 1994 amendments to the MMPA divided harassment into two tiers. Level A harassment covers any act with the potential to injure a marine mammal. Level B harassment covers acts that could disrupt behavioral patterns like migration, breathing, nursing, breeding, feeding, or sheltering, without the potential for physical injury.5NOAA Fisheries. Glossary – Marine Mammal Protection Act – Section: Harassment Under the Marine Mammal Protection Act Both are illegal without authorization.
The moratorium also bans imports. Buying dolphin teeth, bones, or other parts abroad and bringing them into the United States is a violation, and that applies whether or not the species is endangered.
How Close You Can Legally Get
NOAA’s national viewing guideline is to stay at least 50 yards from dolphins when viewing them from a boat, roughly half a football field. In some areas the minimum is 100 yards.4NOAA Fisheries. Guidelines and Distances for Viewing Marine Life
For Hawaiian spinner dolphins, distance is not a suggestion. A 2021 regulation made it illegal to swim with, approach, or remain within 50 yards of a spinner dolphin within two nautical miles of shore around the main Hawaiian Islands.6NOAA Fisheries. New Regulation Protects Hawaiian Spinner Dolphins Against Disturbance That rule reaches vessels, swimmers, drones, paddleboards, and anything else you might bring into the water.
Extra Protection for Endangered Species
The MMPA covers all dolphins, but the Endangered Species Act of 1973 layers on additional protection for species in serious trouble. The ESA focuses on conserving endangered and threatened species and the ecosystems they depend on, and a listing triggers designated critical habitat and formal recovery planning.7Marine Mammal Commission. Other Legislation and Agreements
Dolphin species and populations currently carrying ESA designations include the Atlantic humpback dolphin, the Chinese river dolphin (baiji), the Taiwanese humpback dolphin, the Indus river dolphin, both subspecies of Hector’s dolphin, and the main Hawaiian Islands insular population of false killer whales. The southern resident killer whale population is also listed as endangered.8Marine Mammal Commission. Status of Marine Mammal Species and Populations NOAA Fisheries evaluates cetaceans for listing.
Dolphin-Safe Tuna Labeling
The Dolphin Protection Consumer Information Act, codified at 16 U.S.C. ยง 1385, makes it a federal trade violation for any producer, importer, or seller to label tuna as “dolphin-safe” if the tuna was caught using methods harmful to dolphins.9Office of the Law Revision Counsel. 16 USC 1385 – Dolphin Protection Consumer Information Act The law targets tuna caught by large-scale driftnets, purse seine nets intentionally set around dolphins, and fisheries where regulators have identified significant dolphin mortality.
For tuna caught in the eastern tropical Pacific, where dolphins and tuna schools swim together, the requirements are strict. A vessel must carry an approved observer, the captain must certify that nets were not deliberately set on dolphins, and no dolphins can have been killed or seriously injured in the sets producing the tuna. Dolphin-safe tuna must also be physically separated from other tuna from capture through unloading. Knowingly making a false dolphin-safe certification can carry a civil penalty of up to $100,000.10eCFR. 50 CFR Part 216 Subpart H – Dolphin Safe Tuna Labeling
When Interaction Is Legally Allowed
The MMPA moratorium is not absolute. The statute carves out narrow exceptions, and each requires advance authorization from NOAA Fisheries.11Office of the Law Revision Counsel. 16 US Code 1372 – Prohibitions
Researchers who need to interact with live dolphins or collect biological samples must obtain a scientific research permit. NOAA recommends applying at least six to eight months before the intended start date because processing takes four to six months and includes a mandatory 30-day public comment period after publication in the Federal Register.12NOAA Fisheries. Scientific Research Permit for Marine Mammal and Protected Species Parts
Aquariums and marine parks need a public display permit to capture dolphins from the wild or import them from another country, though a facility does not need a permit simply to keep dolphins it already holds.13NOAA Fisheries. Public Display Permit for Marine Mammals Public display permits are not available for species listed as depleted under the MMPA or as endangered or threatened under the ESA.
Construction, oil and gas, and other industrial activities that might disturb dolphins can apply for an incidental take authorization. NOAA will issue one only when the take involves small numbers and has no more than a negligible impact on the species. Authorizations come in two forms: an Incidental Harassment Authorization valid for up to one year when only harassment is expected, and a Letter of Authorization valid for up to five years when serious injury or death is possible.14NOAA Fisheries. Incidental Take Authorizations Under the Marine Mammal Protection Act
Penalties for Violations
Civil penalties under the MMPA have climbed steadily with inflation. A single civil violation currently carries a penalty of up to $36,498.15eCFR. 15 CFR Part 6 – Civil Monetary Penalty Adjustments for Inflation Each unlawful taking or importation counts as a separate offense, so a single trip that harms multiple dolphins can generate stacked penalties.
Knowing violations are criminal. A conviction can bring a fine of up to $20,000 per violation, up to one year in prison, or both.16Office of the Law Revision Counsel. 16 US Code 1375 – Penalties
Vessels are exposed too. Any vessel used in the unlawful taking of a marine mammal faces a separate civil penalty of up to $25,000, and its entire cargo is subject to seizure and forfeiture. Port clearance can be withheld until the penalty is paid or a surety bond is posted, and the penalty creates a maritime lien on the vessel that can be enforced through an admiralty proceeding.17Office of the Law Revision Counsel. 16 USC 1376 – Seizure and Forfeiture of Cargo
How to Report a Violation
If you see someone harassing, feeding, or harming a wild dolphin, you can report it through NOAA Fisheries’ enforcement hotline at (800) 853-1964, which is staffed by live operators around the clock. During business hours you can also contact the nearest NOAA Office of Law Enforcement field office.18NOAA Fisheries. Report A Violation Note the location, time, and date of what you saw, a description of what happened, and the name of any vessel or person involved. NOAA may issue financial rewards on a case-by-case basis to individuals whose tips lead to a successful arrest, conviction, or penalty assessment.