'Tougher laws' to protect friendly dolphins

Brian Unwin, The Telegraph 22 Jan 08;

Stronger legislation to protect "friendly" bottlenose dolphins from being "loved to death" is being urged by a leading conservation organisation.

The problem with existing measures aimed at preventing harm to or disturbance of these charismatic marine mammals is that they weren't designed to deal with problems arising from exceptional individuals going out of their way to court human attention.

So the Whale and Dolphin Conservation Society is highlighting how such creatures invariably end up with fatal injuries as a first step in a campaign for a new law to discourage people from responding to their overtures.

Bottlenose dolphins, averaging around three metres long and weighing about 200kgs, have long been at the centre of myths about relations with humans. Blowing away such mystical nonsense is part of the WDCS effort to protect them from becoming victims of their popularity.

Solitary-sociable" is how WDCS labels those that, for no obvious reason, are not part of a dolphin group and hang around harbours, increasingly associating with boat users, divers and bathers.

Social misfit would also be an appropriate description for an animal apparently preferring the company of a different species. It is not trying to deliver a message to mankind, one of the wackier theories for such behaviour - but performing in what invariably becomes a tragedy.

"There is a definite need for existing legislation to be improved to protect solitary-sociable dolphins", said Mark Simmonds, WDCS's Director of Science. "Law to prevent harm and deliberate or reckless disturbance to dolphins doesn't adequately cater for situations in which one chooses to interact with people."

WDCS has already tried to tackle this by simply giving a "back off" message to the public. Information about this is available on the Solitary dolphins page of the WDCS website. When news emerges of a dolphin showing signs of becoming "friendly" they and other bodies make more direct appeals.

The most recent case to come to light was on the Kent coast, involving a dolphin that was initially nicknamed "Dave", though this was switched to Davina when its sex was confirmed. Anticipating problems ahead, various welfare groups and volunteers worked together under the Marine Animal Rescue Coalition.

"Initially efforts were directed at trying to ensure the dolphin did not become habituated to human contact", said Mr Simmonds. "When this failed, the focus was switched to at least trying to prevent any harmful activities."

They ran poster and media campaigns, operated beach patrols and last March organised a well attended public meeting. The result was that people continued to swim and generally play around with Davina; clearly it would only be a matter of time before her stay that began in April 2006 would end in tears.

This came just three months ago when a significant part of Davina's tail was severed by a boat propeller. She hasn't been seen since early November; infection resulting from the injury could well have killed her but even if she overcame that, survival prospects with such a disability would have been limited.

The pattern had followed that of a female bottlenose dolphin known as Marra that became a celebrity on the Cumbria coast after being rescued from a dock at Maryport in January 2006. She sustained propeller and rope wounds during the following summer and in December was found dead on shore at Skinburness.

Tests confirmed that septicaemia resulting from bacterial infection of the wounds - a result of lingering in polluted inshore waters - was the cause. It was another example of what ultimately happens after the four behaviour change stages typical of solitary-social dolphins:

1) Dolphin appears and remains in a new home range, sometimes as little as one square kilometre. It may follow fishing boats or inspect fishing gear, but doesn't approach people at this point.

2) Becomes habituated to new range. Local people aware of its presence may attempt to swim with the animal but it still keeps at a distance from them. May bow ride with boats or inspect ropes, chains and buoys.

3) Becomes familiar with a limited number of people and interacts with them. Behaviour may include swimming in close proximity or diving side by side. It allows touching, including having its dorsal fin held to allow swimmers to be pulled along as it swims.

4) Gains the status of local celebrity and tourist attraction after its presence becomes widely known. During this stage, inappropriate human actions may provoke unwanted and possibly dangerous dominant, aggressive and sexual behaviour by the dolphin.

Such "sexual" behaviour led to a sensational trial at Newcastle upon Tyne Crown Court in 1991. This arose from complaints from onlookers about the interaction between a 39-year-old man and Freddie the name given to the dolphin that was then very much at Stage Four of its lengthy stay at Amble Harbour, Northumberland.

After five days of evidence, which included descriptions of how Freddie was known to tow bathers through the water by hooking his large penis around them, the jury took just one hour to clear the man of the charge of sexually assaulting the dolphin.

Subsequently it was reported the then Attorney-General, Sir Patrick Mayhew, was to be questioned in the Commons about the cost to public funds of this case. One Tory MP, Geoffrey Dickens commented that the decision to mount a prosecution had been "batty beyond belief."

The Freddie case showed how existing legislation fails to protect dolphins from potentially harmful interaction with humans. While the direct physical contact with people may not have damaged him, he had serious boat propeller scars by the time of the trial - and not long afterwards he disappeared.

Sixteen years later public enthusiasm for close encounters with dolphins with amicable tendencies shows no sign of waning. Having failed with their appeals to people to avoid contact, WDCS sees no alternative but to press for tougher laws.