Guidance Note: Protected Marine Wildlife Species

Guidance Note: Protected Marine Wildlife Species Summary: All sea birds, and over 30 marine animal species, are legally protected in the UK wherever they are found. Wildlife protection laws have been strengthened. Harming these protected wildlife species may now be a criminal offence, resulting in a fine of up to 5,000 and up to six months in prison. Additional protection measures apply to wildlife in special areas around the UK, which are designated safe havens for marine wildlife. This Guidance Note will tell you which marine wildlife species are protected in the UK, and how to work with the authorities to help to protect wildlife, and stay the right side of the law. Changes to the law Some of the UK s wildlife species are so rare and fragile that they are protected from harm wherever they are found. Rare species of butterflies and beetles are protected, along with all wild birds on land. At sea, all species of dolphins and whales, marine turtles, basking sharks and a host of other species including all birds are protected. Over the past few years, wildlife protection laws have been changed to strengthen the protection of rare marine wildlife species. It has been an offence to deliberately harm protected species for many years now it may be a criminal offence to even disturb certain protected species. These laws now apply to people involved with commercial fishing and aquaculture activities, as well as the general public. These changes to the law apply all around the UK s coast, both in our territorial waters and further offshore as well. The legislation protecting these species is complex, but it could apply to your existing activities. You need to make sure that you take steps to avoid harming these protected species, and this guidance note will help you. It will tell you: About the marine species that are protected in the UK; the extent of the protection for each species; and how you can work with the authorities to help protect wildlife and your business. Species protection in the UK Here are some things that you need to know about species protection in the UK: Over 30 marine animal species are protected in UK territorial waters. These include all of the whale and dolphin species found around the UK, as well as some weird and wonderful invertebrates that live in saline lagoons. All wild bird species and their nests and eggs are protected wherever they occur in the UK, including all marine birds at sea. Injuring or killing any protected wildlife species is a criminal offence within UK territorial waters. You should make sure that you avoid causing intentional or deliberate harm to these species, unless it s an absolutely unavoidable consequence of your fishing activities. Reckless disturbance of whales, dolphins and basking sharks, is a criminal offence. This is an absolute offence, like speeding in a car. There are no excuses, so you should steer well clear of whales, dolphins and basking sharks at all times. Harming protected species carries hefty penalties, including fines of up to 5,000 and even the possibility of six months in prison. This guidance note provides a summary of the laws that protect wildlife species in the UK, wherever they occur. It tells you how to avoid harming these species, and how to avoid breaking the law. Sources of additional information and contact details can be found at the end of this Note. DRAFT Page 1 of 6

Guidance Note: Fishing in wildlife sites Protected Marine Animals in the UK What s protected? The marine animals that are protected, wherever they are found, are listed below. The laws protecting them are complex, but in summary they create three levels of gradually increasing protection: Intentional harm (such as disturbing, killing or injuring) to some species is an offence within territorial waters (up to 12nm offshore) under the Wildlife and Countryside Act 1. Deliberate harm (such as disturbing, killing or injuring) some species is an offence created by the Habitats Regulations (within 12nm) and the Offshore Habitats Regulations (out to 200nm). Reckless disturbance is an offence introduced by the Countryside and Rights of Way Act ( CROW Act ) that has been applied specifically to whales, dolphins and basking sharks, up to 12nm offshore. The penalty for breaking any of these laws can be a fine of up to 5,000 and in some circumstances a term of up to six months in prison. Who has to comply with the legislation? Everyone. Many of the species listed below are protected throughout Europe, so it s not just UK fishermen who are having to protect wildlife it s all of the fishermen in the EU. Who protects marine wildlife? Protection is provided by the nature conservation agencies (contact details on page 6 of this note), and also in some cases the Police. Fishery regulators often introduce controls to avoid wildlife problems occurring as well. What does this mean for fishermen? At the very least, you need to take care, especially if you fish in an area where you know that protected species are found. Technically, if you disturb a dolphin while you are fishing you could have broken the law, so be very careful. What should you do? If you are worried that you are harming a protected species, get advice from your local fisheries office and nature conservation agency immediately. It s better to be safe than sorry. Table 1: Summary of the protection legislation for marine wildlife species in the UK Common name Legislation: Geographical extent: Broad scope of protection: Species Wildlife & Countryside Act 1 UK Territorial Waters (12nm) intentionally disturb / injure / kill Habitats Regs. & Offshore Habitats Regs. Out to 200nm deliberately disturb / injure / kill Countryside & Rights of Way Act UK Territorial Waters (12nm) reckless disturbance Allis shad Alosa alosa Basking shark Cetorhinus maximus Protected by CFP Cetaceans [whales & All species (11 common in dolphins] UK) Couch s goby Gobius couchi Fan mussel Atrina fragilis Giant goby Gobius cobitus Ivell s sea anemone Edwardsia ivelli Lagoon sand shrimp Gammarus insensibilis Lagoon sandworm Armandia cirrhosa Lagoon sea slug Tenellia adspersa Marine hydroid Clavopsella navis Marine turtles All species (5 known in UK) Otter Lutra lutra Pink sea fan Eunicella verrucosa Starlet sea anemone Nematostella vectensis Sturgeon Acipenser sturio Tentacled lagoon worm Alkmaria rominji Trembling sea mat Victorella pavida Walrus Odobenus rosmarus Birds All wild birds, their nests & eggs. Protected by Birds Directive 1 In Northern Ireland this is the Wildlife (Northern Ireland) Order 1985. DRAFT Page 2 of 6

A Case Study: Whales and Dolphins Background Whales and dolphins are a familiar sight for British fishermen. They provide a good example of how the law can protect marine wildlife species throughout UK and EC waters. What is illegal? The laws that protect wildlife species in the UK create three different offences, gradually increasing the level of protection given to different species. What species are protected? Quite simply, all of the whales and dolphins around the UK are protected by law. This protection applies to the 11 different species that are commonly seen, as well as any other species that are rare in our waters. From the smallest harbour porpoise right up to the largest blue whale, these animals are protected by international, European and UK laws. Where are the protected areas? Everywhere. Protected species are protected wherever they occur, not just in special areas or reserves. Some species might only be protected out to 12nm, but for whales and dolphins, they are protected throughout the range of the UK s jurisdiction over the marine environment, out to 200nm. What s the legal background? The context for legal protection of whales and dolphins in Europe and the UK is set by international laws, such as the 1979 Bern Convention and the 1992 Convention on Biological Diversity. Other international legislation also protects whales and dolphins, including the Convention on International Trade in Endangered Species (CITES). These international agreements have been mirrored in European laws, which have been transposed into UK legislation. Harbour Porpoises and all other whales and dolphins are protected from injury, killing and disturbance up to 200nm offshore. The level of protection for whales and dolphins in the UK is greatest within 12nm of the coast, where the CROW Act makes it an offence to recklessly disturb them. In practice this means that if you see any whales or dolphins at sea, you shouldn t do anything to disturb them. The CROW Act gives no excuses for causing such disturbance, so you need to give whales and dolphins a wide berth to avoid problems (the same is also true of basking sharks). Whales and dolphins are also protected further offshore, but the level of protection is rather less stringent. Nevertheless, if you deliberately caused significant disturbance of whales or dolphins outside 12nm, you could still be fined up to 5,000. Whales, dolphins and fishermen Whales and dolphins often come close to fishing vessels, and can sometimes be harmed by fishing activities. Smaller species may be caught in nets, and even some of the larger species may get entangled in fishing gear. The law recognises this to some extent, and fishermen can be excused from harming certain protected wildlife if it happens accidentally. However, in the case of whales and dolphins inside 12nm, there is no excuse in law for causing harm, so you need to be extra careful. In 1981, whaling was made illegal in UK waters (under the Fisheries Act 1981). In the same year, whales and dolphins were also protected from intentional harm in UK waters by the Wildlife & Countryside Act 1981 2 (in Northern Ireland, this takes the form of the Wildlife (Northern Ireland) Order 1985). Since then, the UK has made new laws to gradually increase the extent and level of protection given to these species. How do I avoid problems? The best advice is to make sure that you avoid fishing in areas where whales and dolphins are abundant. If you can t avoid this, you should work with conservation bodies and your local fisheries regulator to make sure that your activities are compatible with the local whale and dolphin populations. There are often local codes of conduct to provide guidance that can be obtained from your local conservation agency office. 2 In Northern Ireland this is the Wildlife (Northern Ireland) Order 1985 DRAFT Page 3 of 6

Special consideration for other marine species Other protected species Whales and dolphins get special protection but they are not the only marine species that are protected in UK waters. Many other marine species are also protected, each to a varying degree. Most of the protection is provided by the Wildlife & Countryside Act, but some other laws also protect marine species. It s not possible in this Guidance Note to list all of the laws that protect each and every marine species. However, here s a quick summary of how the species that give most concern to fishermen are protected: Seals (Grey and Harbour Seals) Seals are protected by the Conservation of Seals Act. This Act sets a close season for seals, and allows the Government to make Orders to protect them in parts of the UK. Nevertheless, fishermen are allowed by this Act to kill seals that interfere with their nets, providing that they use an approved rifle. Basking sharks Basking sharks are given extra protection by fisheries legislation. Although basking sharks used to be a commercial species, the Common Fisheries Policy has set a quota of zero. for basking sharks since 2000, and since 2007 it has prohibited their capture throughout EU waters. Remember, they are also protected from reckless disturbance in UK waters, so steer clear of baskers. Sea Fans Sea fans are protected by the Wildlife & Countryside Act. This means that they are protected from harm, unless it was the incidental result of a lawful operation and could not reasonably have been avoided. If you want to find out more about the protected species in your area, get in touch with your local nature conservation agency and fisheries office. Special management measures Protected species are protected everywhere, but that s not the end of the story. These species also get extra protection in particular areas, and conservation bodies are working to rebuild populations of protected wildlife. Protected wildlife in protected sites There are hundreds of protected wildlife sites on the UK s coastline and in our seas. For species that are protected throughout our seas, these areas provide safe havens where even more protection applies. As an example, two areas in the UK that are used intensively by dolphins have been given extra protection. These areas are in Cardigan Bay and the Moray Firth. Within these areas, special management measures have been introduced to protect dolphins, in addition to the protection that applies everywhere. More than 80 different bird species are protected wherever they are found, and there are dozens of areas around the UK coastline where special protection measures apply to birds and the habitats that support them. In particular fishermen working on the coast, in estuaries and shallow waters should be wary of causing harm to birds. If you need more information about protected wildlife sites, there is a Seafish Guidance Note on Protected Wildlife Sites with full details. Biodiversity Action Plans (BAPs) BAPs are plans that have been drawn up to encourage the recovery of particular species or habitats in the UK. BAPs are part of a global initiative. Over 80 different marine species, ranging from seaweeds to commercial fish species, are the subject of Species Action Plans. A full list of these plans and background to BAPs in the UK can be found at www.ukbap.org.uk. Since 2000, BAPs have been given the backing of the law, so that statutory bodies now need to have regard to them. This means that new fisheries regulations might be introduced in the future to help protect BAP species. Basking Shark: Do Not Disturb. They re protected by wildlife laws, fisheries regulations and a Biodiversity Action Plan. DRAFT Page 4 of 6

Protection in Practice Background The complex legislation protecting our marine wildlife is put into practice by a range of regulators, including the nature conservation agencies, fishery managers, and the police, as well as the UK Government and devolved administrations. These statutory bodies are often assisted in their work by Non Governmental Organisations (NGOs), like the Marine Conservation Society (MCS) and the Royal Society for the Protection of Birds (RSPB). Who does what? Protecting wildlife species is the duty of the nature conservation agencies (the Countryside Council for Wales, Natural England, Scottish Natural Heritage and the Environment and Heritage Service Northern Ireland). These are the organisations who have the power to prosecute people for harming protected species. The police can also prosecute people. Fishery managers and the Government have a less direct role in protecting marine wildlife species. They don t enforce the rules themselves, but instead have duties to have regard to protected wildlife species wherever they occur, as well as more onerous duties in protected areas. The Government is also required by the EC to report the bycatch of protected species. Practical management Very often, local fishery managers work with the nature conservation agencies, Government and NGOs to introduce protection measures for marine wildlife species. Some examples of this are: St Ives Bay where the Cornwall Sea Fisheries Committee introduced a byelaw to protect seabirds from entanglement in fishing nets. North Wales where restrictions on scallop fishing were introduced in the 1990s to protect horse-mussel beds around the Llyn peninsula. Dolphin Codes in several areas around the UK, fishermen have worked with conservation groups and fishery regulators to produce a Voluntary Code of Conduct (examples include Cardigan Bay, South West England, and the Moray Firth). Bycatch Some protected species are vulnerable to being accidentally caught in fishing gear. Whales, dolphins, turtles, basking sharks and diving birds are all particularly vulnerable. If you catch any protected species while fishing you could be breaking the law. The only exemptions provided by the law apply to accidental harm to protected species that could not reasonably have been avoided by people carrying out lawful activities (such as fishing). In some places (such as St Ives Bay), new regulations have been brought in to protect wildlife from bycatch. Elsewhere, Voluntary Codes of Conduct may be used. Providing that you follow these codes carefully, you should be able to avoid accidentally harming any protected species, and also avoid falling foul of the law. If you disregard any voluntary or statutory wildlife protection measures you will be putting yourself at risk of prosecution. The UK Government is taking steps to reduce bycatch problems. As well as commissioning research into new types of fishing gear, the Government monitors and reports bycatch levels to the EC. If they become a concern, then new EC or national regulations can be introduced. Wildlife legislation If you want to check out the legislation protecting our wildlife, you can find the full text at www.opsi.gov.uk. An excellent summary of UK wildlife law can also be found on the Joint Nature Conservation Committee website, www.jncc.gov.uk. The main UK wildlife laws are listed below. Wildlife & Countryside Act 1981 Wildlife (Northern Ireland) Order 1985 Nature Conservation and Amenity Lands Order (1985) for Northern Ireland Conservation (Natural Habitats &c) Regulations 1994 in England, Wales and Scotland (introduced in Northern Ireland in 1995) Countryside & Rights of Way Act 2000 Environment (Northern Ireland) Order 2002 Nature Conservation (Scotland) Act 2004 Natural Environment & Rural Communities Act 2006 Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 DRAFT Page 5 of 6

Key contacts: First points of contact with the different organisations involved in marine wildlife protection are: Government Departments / Agencies DEFRA Tel: 08459 33 55 77 (Helpline) http://www.defra.gov.uk/marine/fisheries/index.htm Scottish Executive Tel: 0845 774 1741 (Sea Fisheries Division) www.scotland.gov.uk/topics/fisheries/sea-fisheries Welsh Assembly Government (Dept for Rural Affairs and Heritage) Tel: 0845 010 3300 http://new.wales.gov.uk/topics/environmentcountryside Department of Agriculture and Rural Development, Northern Ireland Tel: 02890 524 999 (Helpline) www.dardni.gov.uk/index/fisheries-farming-andfood/fisheries/sea-fisheries.htm Environment Agency Tel: 08708 506 506 (General Enquiries) www.environment-agency.gov.uk Marine & Fisheries Agency Tel: 020 7283 6000 (London) www.mfa.gov.uk Sea Fisheries Committees Cornwall Sea Fisheries Committee Tel: 01736 369817 www.cornwall.gov.uk/seafisheries Cumbria Sea Fisheries Committee Tel: 01946 693047 www.cumbriasfc.org.uk Devon Sea Fisheries Committee Tel: 01803 854648 devonseafish@btconnect.com Eastern Sea Fisheries Committee Tel: 01553 775321 www.esfjc.co.uk Isles of Scilly Sea Fisheries Committee Tel: 01720 423371 www.scilly.gov.uk/environment/fisheries/ Kent and Essex Sea Fisheries Committee Tel: 01843 585310 www.kentandessex-sfc.co.uk North Eastern Sea Fisheries Committee Tel: 01482 393690 www.neseafish.gov.uk North Western and North Wales Sea Fisheries Committee Tel: 01524 68745 www.nwnwsfc.org Northumberland Sea Fisheries Committee Tel: 01670 731399 www.nsfc.org.uk Southern Sea Fisheries Committee Tel: 01202 721373 www.southernsfc.org.uk South Wales Sea Fisheries Committee Tel: 01792 654466 www.swsfc.org.uk Sussex Sea Fisheries Committee Tel: 01273 454407 www.sussex-sfc.gov.uk Nature conservation agencies: Natural England Tel: 0845 600 3078 (Enquiry Service) www.naturalengland.org.uk Scottish Natural Heritage Tel: 01463 725000 (HQ Inverness) www.snh.org.uk Countryside Council for Wales Tel: 0845 1306 229 (General Enquiries) www.ccw.gov.uk Environment and Heritage Service, Northern Ireland Tel: 028 9054 0540 (Dept of the Environment) www.ehsni.gov.uk Joint Nature Conservation Committee Tel: 01733 562 626 (Enquiries) www.jncc.gov.uk Fishing industry associations: National Federation of Fishermen s Organisations Tel: 01904 635430 www.nffo.org.uk Scottish Fishermen s Federation Tel: 01224 646 944 www.sff.co.uk Welsh Federation of Fishermen s Associations Tel: 01437 779 312 www.wffa.org.uk North Ireland Fishermen s Federation Tel: 02842 771946 Shellfish Association of Great Britain Tel: 0207 283 8305 www.shellfish.org.uk Association of Scottish Shellfish Growers Ltd Tel: 01471 844324 www.assg.co.uk Seafish and the environment Seafish exists to provide support to the fishing industry. In 2006, we identified that wildlife conservation is a major concern to the industry. We are working to make it easier for the fishing industry to work in harmony with wildlife conservation interests. We have a dedicated Environmental Assessment Support Officer who can provide you with free advice on environmental issues: Mark Gray, Seafish, Seafish House, St Andrew s Dock, Hull HU3 4QE. Tel: 01482 327837. Mob: 07966 764150. Email: m_gray@seafish.co.uk. Links to useful information sources can be found on the Seafish website, www.seafish.org Disclaimer The material provided in this guidance note is general in nature and should not be regarded as an attempt to comprehensively cover every possible aspect of the particular issues being addressed. It should not be relied upon or treated as a substitute for legal advice in relation to individual situations. Except in respect of the Seafish Industry Authority, the author shall have no responsibility for any loss which may arise from reliance on any part of the material contained in this guidance note. DRAFT Page 6 of 6