Legislation and policy

Cetaceans are mobile animals which cross many national and international boundaries. This mobile nature presents a challenge in developing effective policies to conserve cetaceans and the habitats that are important for their survival. As a result a wide range of policies have been developed at local, national, regional and global levels. This page summarises the key policies that contribute to the protection of Hebridean cetaceans. For more detailed information about specific pieces of legislation a number of external links have been provided.

International Conventions

  Convention on trade in Endangered Species of Wild Fauna and Flora (CITES)

This international Agreement came into effect in 1975 and is implemented in the UK under the EC Regulation of Trade in Endangered Species. Under CITES all commercial trade in cetaceans species and products in banned in the UK. For more information on CITES go to www.cites.org

Berne Convention on the Conservation of Wildlife and Natural Habitats 1979

The Berne Convention requires signatories to conserve listed flora and fauna and their natural habitats. Migratory species, which includes all small cetaceans, are listed in Appendix II and III (see table) and must be protected. The UK is a signatory to the Convention and has shown its commitment through the implementation of firstly the Wild life and Country side Act and latterly the EC habitats directive. For more information on the BERN convention go to www.ecnc.nl/doc/europe/legislat/bernconv.html

International Union for the Conservation of Nature and Natural Resources (IUCN)

The IUCN is an international body consisting of sovereign states, government agencies and non-governmental organisations (NGO's). Whilst not providing legal protection, the IUCN drafts a 'red list' which evaluates how threatened species are, and identifies those which are endangered or vulnerable. And provides expert guidance on how to address conservation issues for different species. The IUCN classifications for cetaceans recorded in West Scotland is presented in the table below. In summary the classifications are as follows 'endangered' means that the species faces a high risk of extinction in the wild, in the near term. 'vulnerable' species faces a high risk of extinction in the wild, in the medium term. 'Conservation dependant' means that a species is currently subject to a conservation programme, the cessation of which would cause the species to become vulnerable or endangered within five years. 'Near threatened' species are species which are not conservation dependent, but are close to qualifying for vulnerable status. 'Data deficient' species are where there is inadequate information to make an assessment and further research is required.

The IUCN then recommends actions for conservation. Three IUCN action plans for cetaceans have been published to date. These are:

• Dolphins, whales and porpoises : 2002-2010 conservation action plan for the world's cetaceans / Reeves, Randall R., Smith, Brian D.,Crespo, Enrique A.,Notarbartolo di Sciara, Giuseppe. - IUCN Species Survival Commission, Cetacean Specialist Group - 2003.
• Dolphins, porpoises and whales : 1994-1998 action plan for the conservation of cetaceans / Reeves, Randall R.,Leatherwood, Stephen. - IUCN Species Survival Commission, Cetacean Specialist Group - 1994.
• Dolphins, porpoises and whales : an action plan for the conservation of biological diversity, 1988-1992 / Perrin, William F.. - IUCN Species Survival Commission, Cetacean Specialist Group ; United States, NOAA ; American Association of Zoological Parks and Aquariums ; WWF - 1989.

To find out more about the IUCn and its work go to www.iucn.org

Convention on the Conservation of Migratory Species (The Bonn Convention)

The UK has been a signatory to the Bonn Convention since 1985. It requires states to enter into agreement to protect migratory species throughout their entire range and therefore provide a basis for international conservation measures to be implemented. Cetaceans have been pin-pointed by the Convention as a priority group. The Convention has facilitated regional conservation action agreements for cetaceans, such as the Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS) and The Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS). These agreements obliges parties to achieve and maintain a favourable conservation status for cetaceans. West Scotland is not covered by the ASCOBANS or ACCOBAMS agreements. Although the UK Government has agreed to apply 'the spirit' of the Convention to all UK waters. It is hoped the Bonn Convention could facilitate similar regional agreements in the Northeast Atlantic. This would allow focused plans to be implemented to address specific issues faced by cetaceans in the west coast region.

For more information on the Bonn Convention go to www.wcmc.org.uk/cms/cms_conv

For more information ASCOBANS and ACCOBAMS go to www.ascobans.org

United Nations Convention on Biological Diversity.

This is a broad ranging international agreement that aims to protect all biodiversity. It was signed in 1992 by more than 150 states, including the UK. The Convention is wide ranging and includes commitments to:

• Develop national strategies for the conservation and sustainable use of biodiversity.
• To identify and monitor biodiversity.
• To identify and monitor threats.
• Maintain a biodiversity database.
• Establish a system of protected areas for conservation.
• Develop and maintain legislation to protect threatened species and populations.
• Regulate activities that threaten biodiversity.
• Integrate consideration of biodiversity conservation and sustainable use into decision making.

Under the Convention all cetaceans are considered a 'Conservation Priority Species'. For more information on the Convention go to www.biodiv.org

As a result of this convention the UK has developed Biodiversity Action plans for many species and habitats at both a national and local level. Please got to the EU and UK law section to view this.

EU AND UK PolicyWildlife and Countryside Act 1981 (WCA)

The Wildlife and Countryside Act 1981 (as amended) is the principle mechanism for the legislative protection of wildlife in Great Britain. All cetaceans are listed as Schedule 5, this makes it an makes it an offence (subject to exceptions) to intentionally kill, injure, or take, possess, or trade any cetacean, and prohibits interference with places used for shelter or protection by cetaceans, or intentionally disturbing animals occupying such places.

For more information on the act please go to www.jncc.gov.uk/legislation/uk

Council Directive on the Conservation of Natural Habitats and Wild Fauna and Flora

The 'Habitats Directive' was adopted in May 1992. The main aim of this EC directive was to promote the maintenance of diversity through the protection of species and habitats. The Habitats Directive has been implemented into UK law via the Conservation of Natural Habitats Regulations 1994 (CNHR’s)All cetacean species are listed under Annex IVof the Habitats Directive, meaning that they are protected from:

• all forms of deliberate capture or killing,
• deliberate disturbance, particularly during the period of breeding,rearing,
  hibernation and migration; and
• deterioration and destruction of breeding sites or nesting places.

There is a requirement on member states to "establish a system to monitor incidental capture and killing" of cetaceans However, this has not been translated into the CNHRs and so the UK is not currently legally bound to enact such a monitoring scheme.
Annex I and II of the Habitats Directive list the habitats and species for which Special Areas of Conservation (SAC) can be selected up to 200nm offshore. The only cetacean species included in Annex II are the bottlenose dolphin and harbour porpoise. For these species, SAC's will be proposed 'only where there is a clearly identifiable area representing the physical and biological factors essential to their life and reproduction' [article 4; para1] (HMSO,1992). Clear identification of such areas has proved problematic, especially for the harbour porpoise. As a result no SAC’s have been designated ofr the harbour porpoise. Two SAC’s have been designated for Bottlenose dolphins, one in the Moray Firth, Scotland and one in cardigan bay, Wales.

For more information on the Habitats Directive please go to
www.jncc.gov.uk/marine/marine_habitat/conventions/habitats_directiveUK Biodiversity

Action Plans

UK National Biodiversity Action Plans (BAP) have been produced for baleen whales, toothed whales, dolphins and the harbour porpoise. These national targeted BAPs provide a basis for local BAPs to be constructed, so that local conservation action can be focused. Local Authorities with the responsibility for drafting local BAPs in the Hebrides are Argyll and Bute, the Highlands and Western Isles councils. To view these both UK action plans and local action plans go to www.ukbap.org.uk

Below is a table which summarises the different laws and agreements that help to protect Hebridean cetaceans.