NOAA / NMFS
Viewing Protected Marine Mammals
Every dolphin and whale in U.S. waters is protected by the federal Marine Mammal Protection Act (MMPA) of 1972. The MMPA makes it illegal to "take" a marine mammal — a term that covers harassing, hunting, capturing, killing, or attempting any of those acts. Harassment includes anything that disrupts natural behavior such as feeding, breathing, nursing, resting, breeding, or migrating.
What is not legally allowed
- Feeding or attempting to feed a wild dolphin or whale — including tossing bait, fish scraps, or food of any kind.
- Touching, petting, swimming with, or attempting to ride a wild marine mammal.
- Chasing, encircling, separating, or driving animals — especially mothers and calves.
- Approaching closer than the posted distances, or positioning your vessel in the animals' path.
- Harassing animals with drones, personal watercraft, or repeated close passes.
- Collecting, keeping, or selling any part of a marine mammal, including bones, teeth, and stranded remains.
Minimum approach distances
If animals approach your vessel on their own, stay neutral, keep your course predictable, and do not engage with them.
Penalties
Violations of the MMPA are enforced by NOAA's Office of Law Enforcement and can be pursued as civil or criminal cases.
- Civil penalties of up to roughly $34,000 per violation (the amount is adjusted for inflation each year).
- Criminal penalties of up to $100,000 and up to one year in prison per violation for knowing violations.
- Seizure and forfeiture of vessels, vehicles, gear, and any marine mammal parts involved in the violation.
- Additional penalties apply under the Endangered Species Act for listed species such as the North Atlantic right whale.
To report harassment, feeding, entanglement, or a stranded animal, call the NOAA Enforcement Hotline at 1-800-853-1964.
Best practices for responsible viewing
- Put engines in neutral or idle and let the animals choose to approach or leave.
- Never approach head-on. Parallel the animals' course from the side, well outside the minimum distance.
- Limit viewing to about 30 minutes so animals aren't followed all day by successive boats.
- Keep your group to one vessel at a time when possible; leave if other boats arrive.
- Store fishing gear and reel in lines when animals are near, and never discard bait or fish scraps.
- Watch for signs of disturbance — tail slaps, sudden dives, changes in direction — and back off.
- Report injured, entangled, or stranded animals rather than trying to help them yourself.
Fed dolphins lose their natural wariness, teach the behavior to their calves, and are far more likely to be struck by boats or entangled in fishing gear. Watching from a respectful distance is the single most protective thing a boater can do.
More from NOAA
This page summarizes federal guidance for public education. NOAA Fisheries is the authoritative source; regulations and penalty amounts may change.