That’s a good point. I remember some time ago the major canned tuna brands like Starkist and Chicken of the Sea emphasized on their labels that their product was dolphin free. This was around the time a bunch of highly publicized science reports noted how intelligent dolphins were and that they were even more intelligent than human beings!
It’s not that the tuna is dolphin free, it’s that it’s allegedly dolphin-safe. And it’s not that the dolphins fail to get out of the way, it’s that the tuna boats specifically target the dolphins because the two predatory species cooperate to corral schools of prey, with the dolphins above and the tuna below. The presence of dolphins is thus an indicator that there are probably tuna below. The nets capture both, and the dead dolphins are pitched back into the ocean. There’s thus no such thing as dolphin-safe tuna.