Cetaceans (whales, dolphins and porpoises)
The Scottish Government has responsibility for the conservation and protection of all cetaceans (whales, dolphins and porpoises) within Scottish waters. All cetaceans are protected under the Wildlife and Countryside Act 1981, the Nature Conservation (Scotland) Act 2004, and the EU Habitats Directive, which make it an offence to deliberately capture, kill or recklessly disturb cetaceans. A variety of UK and EC and International Laws and Conventions offer additional protection to cetaceans.
Cetacean Bycatch
One of the most serious threats facing small cetaceans is incidental capture or 'bycatch' in fishing nets. In 2000, the Scottish Government supported a resolution at the third meeting of the Parties to the Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS), which identified cetacean bycatch above 1.7% of the population abundance as an unacceptable interaction. Any bycatch above this level would result in population decline.
The Scottish Government has worked closely with Defra, other Devolved Administrations and nature conservation agencies in drafting the UK Small Cetacean Bycatch Response Strategy, which identifies measures that can be taken to work towards reducing small cetacean bycatch to below the target set by ASCOBANS in 2000. The Strategy was published for consultation in March 2003. Over the last three years, Defra, in partnership with the Scottish Government and other devolved administrations, has worked to take forward the recommendations of the strategy. There has been considerable activity to improve our knowledge of small cetaceans and reduce the numbers captured incidentally in fisheries. To reflect the progress made so far in implementing the measures proposed in the strategy an action plan was published on December 12 2006.
In addition, EC Regulations agreed by Member States in April 2004 will seek to reduce the level of cetacean bycatch in European waters. More information on these Regulations can be found on the following page.
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'Royal Fish'
In July 1999, the Scottish Government became responsible (on behalf of the Crown) for dealing with 'Royal Fish' found stranded on Scottish shores. In Scotland, 'Royal Fish' are considered to be those stranded whales measuring more than 25 feet long from the snout to the middle of the tail.
The local coastguard should notify the Marine Management Division of any 'Royal Fish,' providing, wherever possible, details of the size and species of whale involved. They should also inform the Scottish Agricultural College, Veterinary Section, Inverness (who record all cetacean strandings around Scotland and who may wish to undertake a post-mortem), and the appropriate Local Authority Environmental Health Department, who will consider whether there is a need to make arrangements for the disposal of the carcass. Full guidance on how to respond to the stranding of any 'Royal Fish' can be downloaded from the following page.
Further information on cetacean strandings can be obtained at the Natural History Museum website
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Whale Watching
The Nature Conservation (Scotland) Act 2004, which came into force in October 2004, contains provisions for Scottish Natural Heritage (SNH) to prepare and issue a Scottish Marine Wildlife Watching Code which will set out recommendations, advice and information relating to commercial and leisure activities involving the watching of marine wildlife. In particular, the Code will contain information on:
- activities which are likely to disturb marine wildlife;
- the circumstances in which marine wildlife may be approached; and
- the manner in which marine wildlife may best be viewed with minimum disturbance.
Following an extensive public consultation process involving stakeholder workshops and user group meetings, the code was formally launched at the Moray Firth Wildlife Centre, Spey Bay on November 27 2006.
More information on the Code can be found at the project website
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