The regulations do not distinguish between the different species of dolphin. They were written primarily to deal with dusky dolphin watching in Kaikoura and are not always adequate for other species in other areas. In such circumstances it has been necessary to supplement the regulations by way of conditions on commercial permits. For example, commercial swimming with Hector's dolphins has only been allowed at Banks Peninsula where there are reasonable numbers of dolphins. Elsewhere Hector's dolphins are generally found in small scattered family groups which are territorial and usually wary of people in the water, and commercial swimming has not been permitted.
Aircraft normally circle at a much wider distance, for reasons of air safety and passenger comfort.
As more is learnt about the responses of different marine mammals to close observation, it may be possible to fine tune the regulations to be more species specific. The current regulations, for example, require contact to be abandoned if a sperm whale abruptly changes its orientation or starts to make dives of one to five minutes duration without showing its tail flukes. As noted earlier, such behaviour has been identified as a sign of distress for sperm whales. The short dives, in particular, are believed to be an evasive response. However, while species specific regulations have a number of apparent advantages and are possible in theory, their practicability may be limited.