Dolphin-Safe FAQs and the “Official Mark”

FAQs: Frequently Asked Questions

What does dolphin-safe mean?

The Dolphin Protection Consumer Information Act (DPCIA) describes the conditions in which tuna product(s) may be labeled dolphin-safe in the United States. NOAA has implemented the Act by regulation, which among other things includes specific documentary requirements. 

The regulations are codified at part 216, subpart H (Dolphin-Safe Tuna Labeling) of Title 50 of the Code of Federal Regulations.

• 50 CFR 216.24(f): Taking and related acts incidental to commercial fishing operations by tuna purse seine vessels in the eastern tropical Pacific Ocean.
• 50 CFR 216 Subpart H: Dolphin-Safe Tuna Labeling.

The Federal Register includes regulations governing the activities of all exporters, transhippers, importers, processors, or wholesalers/distributors of any tuna or tuna products.

• Federal Register Final Rules

  • Enhanced Document Requirements and Captain Training Requirements to Support Use of the Dolphin Safe Label on Tuna Products—Interim Final Rule (March 22, 2016)
  • Enhanced Document Requirements to Support Use of the Dolphin Safe Label on Tuna Products (July 9, 2013)
  • Revisions to Regulations for Vessels Authorized to Fish for Tuna and Tuna-like Species in the Eastern Tropical Pacific Ocean and to Requirements for the Submission of Fisheries Certificates of Origin (January 13, 2009)
  • Tuna Purse Seine Vessels in the Eastern Tropical Pacific Ocean (April 12, 2005)
  • Tuna Purse Seine Vessels in the Eastern Tropical Pacific Ocean (September 13, 2004)

What species are considered dolphins for the purpose of dolphin-safe requirements?

Species in the family Delphinidae are considered dolphins. This family includes species such as bottlenose dolphins and rough-toothed dolphins, as well as toothed whales such as false killer whales, pilot whales, and killer whales. It does not include sperm whales, baleen whales, or beaked whales.

Where and why are dolphins caught?

In portions of the eastern tropical Pacific Ocean, large yellowfin tuna swim together with several species of dolphins. This ecological association of tuna and dolphins is not clearly understood. During "porpoise fishing" (the fishermen's term), schools of tuna are located by first spotting the dolphins or the seabird flocks which are also associated with the fish. Speedboats are used to chase down the dolphins, herd them into a tight group, and set the net around them. The tuna-dolphin bond is so strong that the tuna stay with the dolphins during this process, and thus tuna and dolphins are captured together in the net. Dolphins are released from the net during the backdown procedure. If all goes well, the dolphins are released alive, but the process requires skill by the captain and crew, proper operation of gear, and conducive wind and sea conditions. As with any complicated procedure at sea, things can go wrong, and when they do, dolphins may be killed.

Where is the eastern tropical Pacific Ocean?

The eastern tropical Pacific Ocean, or ETP, includes the Pacific Ocean area bounded by 40° N. latitude, 40° S. latitude, 160° W longitude and the coastlines of North, Central, and South America (defined in 50 CFR § 216.3).

Is it true that millions of dolphins have died in the Eastern Tropical Pacific as a result of the tuna purse seine fishery?

Yes. Between 1959 and 1976, it is estimated that over 6 million dolphin mortalities occurred in association with the ETP tuna purse seine fishery. However, since that time the rate of fatalities has dropped dramatically. For example, according to estimates by the Inter-American Tropical Tuna Commission (IATTC), the total annual mortality of dolphins in the fishery has been reduced from about 132,000 in 1986 to 819 observed mortalities in 2018 -- about 0.01 percent of the population.

What are the dolphin-safe requirements for the American Samoa longline fishery?

Dolphin-safe tuna regulations are applicable to all fisheries, including longline fisheries in American Samoa. Specific regulations that pertain to the separation of dolphin-safe tuna from non-dolphin safe tuna for the American Samoa longline fishery can be found at 50 CFR 216.91(a)(4) and at 50 CFR 216.93(c)(3)(i) and (ii). Additional questions may be directed to the Tuna Tracking and Verification Program or NOAA Fisheries’ American Samoa Longline Observer Program.

Is all canned tuna legally sold in the United States dolphin-safe?

No. While the vast majority of the canned tuna sold in the United States has been certified as dolphin-safe, federal regulations allow U.S. processors and importers to purchase and sell non-dolphin-safe tuna. The tuna must have originated from a U.S. purse seine vessel in sets where dolphins were accidentally killed or seriously injured, from a U.S. purse seine vessel with an assigned Dolphin Mortality Limit under the Agreement on the International Dolphin Conservation Program, or from foreign purse seine vessels flagged by a country that has obtained an affirmative finding from the Assistant Administrator. However, non-dolphin-safe tuna products must not bear any marks or labels that indicate otherwise.

What is an affirmative finding?

An "affirmative finding" is a set of criteria the United States imposes on nations wishing to import yellowfin tuna into the United States or the importing nation to comport with our environmental laws and requirements regarding dolphin safe tuna.

Does non-dolphin-safe canned tuna contain dolphin meat?

No. Canned tuna has never contained dolphin and/or mammal byproducts. Non-dolphin-safe canned tuna is a fishery product that has not been certified as meeting the U.S. definition of dolphin-safe.

Does all dolphin-safe certified tuna have to be labeled dolphin-safe?

No. Federal regulations do not require a product to be labeled dolphin-safe or bear dolphin-safe markings.

Are dolphin-safe certifications by private companies or non-governmental organizations recognized by the U.S. Government?

No. The only dolphin-safe certification process recognized by the U.S. Government as satisfying all applicable federal regulations is the one implemented by NOAA Fisheries' Tuna Tracking and Verification Program.

The “Official Mark”

The DPCIA, as amended by the International Dolphin Conservation Program Act, required the Secretary of Commerce to develop an official dolphin-safe mark. As a result, NOAA Fisheries issued a final rule to designate such a mark that can be used to label tuna products as "dolphin safe."

Below is the "Official Mark" designated by the U.S. Department of Commerce that may be used to label tuna products that meet the "dolphin-safe" standards set forth in the DPCIA and implementing regulations at §216.91 through 216.94.

• Low Resolution (JPG).
• High Resolution (JPG).
• High Resolution (TIF).

Guidance on Using the Official Mark

• As referenced in the DPCIA at 16 U.S.C. 1385(d)(3)(B) and U.S. federal regulations at 50 CFR 216.91(c), a tuna product that bears the Official Mark shall not bear any other label or mark that refers to dolphins, porpoises, or marine mammals.
• There is currently no application or registration process with NOAA Fisheries for utilizing the official mark, nor is there any associated cost.
• U.S. regulations also do not stipulate which dolphin-safe logo or label to use. Tuna products certified as dolphin-safe may bear a logo/label created by a third party vendor or other entity.

More Information

• Tuna Tracking and Verification Dolphin-Safe Homepage
• Resources for Fishing Vessel Captains
• Resources for U.S. Importers
• Resources for Customs Brokers
• Program Verification Components
• Seafood Import and Export Tool

Contact Us

For questions related to dolphin-safe tuna certification or tuna import requirements, contact the Tuna Tracking and Verification Program (TTVP) at  swrtuna.track@noaa.gov or visit our program’s contact directory.