Dolphins are highly intelligent marine mammals that seem to have complex methods of communication. Their clicks, whistles, and body postures suggest they have a sophisticated language all their own. This has led some people to wonder if it’s against the law to try communicating with dolphins.
If you’re short on time, here’s a quick answer to your question: Interacting with wild dolphins in U.S. waters is not illegal in itself. However, some laws strictly regulate human activities that may disturb or harm marine mammals like dolphins.
In this article, we’ll go over laws in the U.S. and internationally that relate to communicating with dolphins in the wild and in captivity. We’ll look at some famous examples of humans interacting with dolphins. We’ll also discuss the ethics of trying to talk to dolphins.
U.S. Laws on Marine Mammal Harassment
Marine Mammal Protection Act
The primary law governing human interactions with dolphins and other marine mammals in U.S. waters is the Marine Mammal Protection Act (MMPA) of 1972. This groundbreaking legislation established a moratorium on harassing, hunting, capturing, or killing all marine mammals, including dolphins, whales, seals, sea lions, manatees, and polar bears.
Some key provisions of the MMPA include:
- Prohibits the harassment, hunting, capture, or killing of marine mammals, with certain exceptions such as scientific research permits and exemptions for Native Alaskans.
- Bans the import of marine mammals and marine mammal products into the U.S.
- Requires marine mammals held in captivity to be maintained in a manner consistent with their welfare and natural behaviors.
The MMPA defines harassment as any act of pursuit, torment, or annoyance that has the potential to injure or disrupt the natural behaviors of a marine mammal. This means interacting with wild dolphins in a way that disturbs their ordinary activities like feeding, nursing, breeding, or migrating can potentially be considered harassment and is illegal under the MMPA.
Other U.S. Regulations
In addition to the MMPA, several other U.S. laws regulate human interactions with dolphins and whales:
- The Endangered Species Act protects depleted dolphin species like the North Atlantic right whale dolphin.
- The Whaling Convention Act implements the International Convention for the Regulation of Whaling, which governs aboriginal subsistence whaling.
- The Dolphin Protection Consumer Information Act regulates labeling standards for tuna caught without dolphin bycatch.
There are also numerous federal regulations that prohibit or restrict approaching, interacting with, or feeding wild dolphins and whales, including 50 CFR 216, 50 CFR 224, and 50 CFR 229. For example, 50 CFR 224.103 prohibits the negligent or intentional operation of an aircraft or vessel near whales in a way that disturbs them.
Beyond federal laws, some U.S. states like Hawaii and Florida have additional regulations prohibiting the harassment or feeding of dolphins. Local ordinances may also restrict human-dolphin interactions in certain areas.
So while simply observing or swimming near dolphins may not automatically constitute harassment, a wide web of laws at the federal, state, and local levels restrict activities that disturb marine mammals’ natural behaviors.
International Laws
CITES
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement that regulates the global trade of threatened plant and animal species. Over 180 countries have signed on to CITES to protect vulnerable species from over-exploitation.
While CITES does not specifically prohibit talking to dolphins, it does regulate and monitor international trade in cetaceans, the taxonomic group that includes dolphins and whales. All cetacean species are listed in the CITES appendices, with varying levels of protection:
- Appendix I lists species threatened with extinction, for which commercial trade is illegal.
- Appendix II lists species that may become threatened if trade is not regulated.
- Appendix III lists species that require regulation within the jurisdiction of a CITES member country.
So while simply having a conversation with a dolphin would not violate CITES, capturing wild dolphins for commercial purposes like interactive swimming programs may require CITES permits and violate the treaty in some cases.
Responsible and sustainable interaction with dolphins is encouraged under CITES guidelines.
Whaling Regulations
The International Whaling Commission (IWC) was set up in 1946 to conserve whale stocks and regulate the whaling industry. The IWC implemented a moratorium on commercial whaling in 1986, although a few countries still participate in limited hunts.
Talking with dolphins is not prohibited under any IWC regulations. However, the whaling moratorium reflects an international effort to protect all cetaceans, including dolphins. Any harassment or harm to wild dolphin populations could be seen as contrary to the spirit of these conservation measures.
Famous Human-Dolphin Interactions
Margaret Howe Lovatt and Peter
In the 1960s, NASA-funded research aimed to teach dolphins human language and study interspecies communication. Margaret Howe Lovatt, a research assistant, was paired with Peter, a young male bottlenose dolphin, in a flooded house.
For 10 weeks, Lovatt and Peter co-habitated, with Lovatt encouraging Peter to mimic human sounds and respond to words. This experiment yielded minimal verbalization success, but built a close emotional bond between Lovatt and Peter, later dramatized in the 2014 film The Girl Who Talked to Dolphins.
While unorthodox, this study represents humans’ fascination with cetaceans’ advanced cognition and desire to uncover shared communication.
Louis Herman’s Dolphin Research
Dr. Louis Herman pioneered research into dolphin sensory capabilities, cognition, and language comprehension at the Kewalo Basin Marine Mammal Laboratory. Since the 1970s, Dr. Herman demonstrated dolphins can understand sentence structure and semantics, follow instructions, and respond correctly to novel statements.
His research showed bottlenose dolphins comprehend an extensive vocabulary of hand signals denoting various objects, actions, and modifiers. Through operant conditioning, the dolphins learned to press paddles when shown visual symbols matching spoken statements.
This proven ability to comprehend syntax and human vocalizations points to surprising cognitive similarities between species.
NASA-Funded Dolphin Communication Research
In the late 1980s, a NASA-funded research lab in Key Largo focused on two-way communication between humans and dolphins. Using an underwater keyboard with symbols, researchers demonstrated dolphins can mimic sounds, produce unique “words”, and combine symbols in.
Trainers hoped this system could pave the way for rudimentary understanding between species one day. While experimental, the team’s work built strong evidence that dolphins may have the capability for fundamental vocabulary and symbol comprehension – unique linguistic attributes that some argue distinguishes Earth’s most intelligent creatures.
Ethical Considerations
Stress on Wild Dolphins
Interactions with wild dolphins raise concerns about disrupting their natural behaviors and causing undue stress. Dolphins are highly intelligent and social animals that rely on complex communication and group cohesion for survival.
Increased human presence can interfere with feeding, resting, nursing calves, and other vital activities. Studies have found changes in dolphin behavior, vocalizations, and activity budgets in areas with frequent human interactions.
Conservationists warn that chronic disturbance could reduce reproductive success and long-term population health.
Well-meaning efforts like swim-with programs may habituate wild dolphins to boats and people, putting them at greater risk of injury from props and becoming “beggars.” Overly friendly behavior toward humans also increases risks of entanglement, boat strikes, and aggression from frustrated humans.
Ethical tourism operators should follow guidelines to minimize disturbance, such as maintaining 50 meters distance and limiting interaction times.
Anthropomorphism Concerns
Assigning human traits, emotions, desires, and motivations to dolphins raises issues of anthropomorphism. Dolphins exhibit intelligence and emotions, but their inner experience remains fundamentally different from our own.
We must avoid romanticized views that dolphins are “almost human” and eager to bond with us. Their cognitive complexity and self-awareness are still debated in science.
Anthropomorphism can promote unrealistic expectations about relationships with wild dolphins or capacities of captive dolphins. It may hinder objective assessment regarding their best interests. We should aim for respectful appreciation of dolphins based on scientific evidence, not imaginative projection.
Any “conversations” will reflect our interpretations more than their intent.
Arguments Against Captivity
Many experts argue capturing and containing dolphins in tanks or sea pens for display, research, or therapy is unethical due to highly intelligent and wide-ranging natures. Critics cite evidence that confined dolphins show behavioral changes suggesting stress, anxiety, aggression, and depression.
Captivity markedly limits ability to engage in natural group behaviors. Shortened life expectancies and compromised health are also concerns.
Changing societal attitudes have led many experts to conclude that our desire to interact with dolphins cannot justify depriving them of freedom. Non-invasive research and remote study offer humane alternatives.
Retiring captive dolphins to sea pens can help offset harm done but remains controversial regarding impacts on wild populations. If captivity continues, rigorous regulations must safeguard welfare.
Conclusion
While simply trying to communicate with dolphins in the wild is not illegal under U.S. federal law, regulations prohibit causing distress or disrupting natural behaviors. Many argue human-dolphin communication studies are unethical.
However, regulated research may provide useful insights into interspecies communication.
In the end, if you want to try ‘talking’ to dolphins, do so in a responsible way that respects these amazing creatures on their own terms in their natural habitats.
