He pursues this animal from a distance of only a few yards, as you can tell in the scenes showing the side of his boat and the animal in the SAME frame. In one part, you can see another dolphin between the mother dolphin and the boat. Then the boat is so close to the mother dolphin that the "guard" dolphin has been driven away. At the end of his film is an ad promoting his business. Way to go, Captain Dave! You jerk! What part of FIFTY YARDS don't you understand!
Pursuit of marine mammals is prohibited by federal law. Boats are to remain AT LEAST 50 YARDS FROM MARINE MAMMALS. If a boat is approached by a marine mammal, put the engine in neutral and allow the mammal to pass.
In this particular case, the dolphin must already have been extremely exhausted and stressed from carrying this baby dolphin so long the body was beginning to decay.
http://www.nmfs.noaa.gov/pr/pdfs/education/dolphins_public.pdf
In 1991, the National Marine Fisheries Service amended the definition of “take” in the Marine Mammal Protection Regulations to include a prohibition on: “...the negligent or intentional operation of an aircraft or vessel, or the doing of any other negligent or intentional act which results in disturbing or molesting a marine mammal; and feeding or attempting to feed a marine mammal in the wild.”
(50 CFR 216.3)
In 1994, the U.S. Congress amended the MMPA and defined the term “harassment” as:
“Any act of pursuit, torment, or annoyance which --
(1) has the potential to injure a marine mammal or marine mammal stock in the wild,
(Level A harassment), or
(2) has the potential to disturb a marine mammal or marine mammal stock in the wild by
causing disruption of behavioral patterns, including, but not limited to, migration,
breathing, nursing, breeding, feeding, or sheltering (Level B harassment).”
Thus, “harassment” can be an act of pursuit that has the potential to disturb behavior
(i.e., Level B harassment). NMFS is concerned that SWD activities in the wild risk causing harassment to the dolphins since, by their nature, they pursue interactions with wild dolphins that can disrupt the animals' natural behavior.
In order to avoid harassment of wild dolphins, NMFS recommends that people observe them
from a safe and respectful distance from on board a vessel, avoid approaching dolphins closer
than 50 yards (150 feet or 45 meters), and use binoculars or telephoto lenses to get a good view of the animals. If people conduct dolphin watching at a distance and do not closely approach or chase (pursue) the animals, the potential for harassment should be minimized. However, if people closely approach wild dolphins within 50 yards and try to interact with or entice the animals to approach, the potential for harassment – and possibly injury – is high.
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