Evaluatation_of_the_Conservation_of_the_Harbour_Porpoise_Uk

The role of conservation and legislation in the protection of the Harbour Porpoise in the UK Class | Mammalia | Order | Cetacea | Family | Phocoenidae | Genus | Phocoena | Species | Phocoena | Introduction The Harbour Porpoise is the smallest cetacean found in the UK waters. They are around 1.5 meters in length and weigh up to 85kg. They have a round blunt nose and a small dorsal fin. They are the most common porpoise and unlike most cetaceans they are found in coastal waters preferring to live on the continental sea shelf and are very shy creatures. Harbour porpoises are found in cold temperate to sub-polar waters of the Northern Hemisphere (Gaskin 1992, Read 1999). There are seasonal concentrations of Harbour Porpoises off south-west and western Ireland, west Wales, the west coast of Scotland, Northern Isles, and eastern Scotland (Sea watch Foundation, Date Unknown). A 1994 survey of small cetaceans in the North Sea, English Channel and Celtic sea (SCANS) estimated the population of harbour porpoise to be around 350,000. Figures have shown P.phocoena has become scarce in the southernmost North Sea, English Channel and Bay of Biscay for example (Evans, 2000). Due to this decline a wide range of national, regional, European and International Legislation has been put into effect over a twenty year period to enable the prevention and recovery of marine biodiversity including Harbour Porpoise. On the ICUN list they are listed as least concern worldwide and are found in large populations in many countries yet in the UK Waters a decline through many threats have resulted in legislation and agreements forming to assist in the conservation of the Harbour Porpoise. Threats faced by the Harbour Porpoise By catch is reported to be the largest threat to the Harbour Porpoise due to Accidental capture in fishing nets Porpoises are taken incidentally in several different gear types (driftnets, pelagic trawls,etc.), but mostly in bottom-set gillnets (Read, 1999). Hunting around the world has decreased but Greenland still hunt the Harbour Porpoise. More than 700 per year were taken in 1990-1993 (Teilmann and Dietz 1995). In 2003 the reported catch had increased to 2,320 (NAMMCO 2005). Harbour Porpoise food sources have large market values, most of the common prey species of the Harbour Porpoise (herring, mackerel, sprat, pilchard, whiting, and cod) are also commercially exploited species. In addition to the threats of entanglement, this also means that depletion of food resource by fisheries is a risk (Hutchinson, 1996). Pollution from marine debris and chemical waste threatens the Harbour Porpoise many of the food sources eaten contain contaminants from pollution. Noise Pollution and disturbance are major problems to Harbour Porpoise when using echolocation, the noise from vessels, construction and pile driving are reported to be the reason so many are found stranded. Stranded Harbour Porpoises are recorded all around the UK coasts. Wind farms are becoming more abundant around the UK Coasts, noise from construction and the blades can prevent natural behaviours. Habitat Loss and disturbance due to large amounts of traffic could result in Harbour Porpoise un able to use breeding or calving areas. Through Climate Change there has been an increase in the temperature of the sea water and it is affecting the distribution of porpoises and their prey. In 2007 The Guardian reported that due to climate change sand eels were moving to cooler water due to the North Sea being too warm. It reports that in this time Harbour Porpoises were stranding or dying of starvation, autopsies carried out by Aberdeen University showed a lack of sand eel in the stomachs. Boat Traffic can result in collisions causing physical injuries. Large amounts of traffic could result in Harbour Porpoise not able to use breeding or calving areas. Water sports and Tourist companies are more common around coastal areas. Predators such as shark and killer whales will feed on porpoises. In 2008 the Telegraph reported that scientists in the seas around Scotland are witnessing many Harbour Porpoises with injuries inflicted by Dolphins. Legislation and strategies proposed to conserve the Harbour Porpoise The Convention on the conservation of European wildlife and natural habitat. The Bern Convention Appendix 2 The Bern Convention was signed in 1979 by 45 countries and came into force in 1982. Its main objective is to protect endangered/ vulnerable species and endangered natural habitats. The Countries signed up agreed to promote international policies to aid in the conservation of fauna and habitats. The convention highlights the need to protect Breeding and resting sites to allow for species to enable normal populations. The agreement also highlights pollution as a threat and states work must be don’t to lower pollution at sea. The convention states that all parties agree to Co operate with one another to share research finding relating to migratory species. Using non government organisations to report and make public any issues or problems found. For the Bern Convention to apply in Europe, the European Community adopted the Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (the EC Habitats Directive). The EC Habitats Directive Annex 2 The Directive contributes to ensuring biodiversity through conservation of habitats and wild fauna. It requires that members of states are to introduce a range of measures on the protection of habitats and species by researching and surveillance. The members of state agree to report every six years the effects of the implementation of the Directive. Special Areas of Conservation (SACs) will be highlighted. The EC Habitats Directive Annex 4 The 2003 List, lists species protected from deliberate killing, disturbance or destruction of them or their habitat. Deterioration and destruction of breeding sites and resting places is legally prohibited and in Annex 4 the members of state must generate a system to enable monitoring of death numbers from incidental capture and killing of cetaceans. In 2007 an amendment was made to the Directive as the generating of the death numbers were not recorded in the UK as they were not included in the 2003 Regulations resulting in nil recordings of by catch. The conservation of habitats and species regulations 2010. Schedule 2. The regulations are a consolidation of previous regulations from England and Wales. Legislation from Conservation (Natural habitats & c) Regulations 1994 and some legislation from the Marine Act 2009 have been compiled to update the regulations to allow more control of both habitats and species. The current regulations make it an offence to deliberately capture, kill or disturb or trade in any animals listed in Schedule 2. Environmental licenses can be obtained from councils if they are required for the purpose of science, education and preserving public health and safety. The original habitats regulations 1994 applied only for off shore waters for an area of 12nautical miles yet in 1999 a high court ruled that the area the regulations apply to 200 nautical miles or to the boundary of neighbouring countries. This change enabled a tighter control of species found in areas outside of the original 12 nautical miles. UK BAP The Convention of Biodiversity The convention was signed in 1992 and came into force in 1995. The main objective is to conserve biological diversity. A list was devised in 1995 to identify species of conservation concern and priority habits. A revised list was issued in 2007 stating that UKBAP is actively conserving 1149 species and 65 habitats. The Harbour Porpoise has its own action plan dedicated to conserving the species in many regions in the UK. Cornwall, Cheshire and Durham have formed regional action plans for England. Anglesey, Denbighshire and Pembrokeshire have formed action plans for Wales and the North East Scottish region has formed one for Scotland Natural Environment and Rural communities Act 2006 – England NERC S.41 – Wales – NERC s.42 The Lists for England and Wales covers all of the English and Welsh waters. The secretary of state must highlight principle importance lists on Living organisms and habitats to assist in biodiversity. The lists must remain updated. Together with UK Biodiversity Act Plan (UK Bap) marine habitats are conserved and public bodies must conserve habitat and species when using these areas. The List provides no actual protection of the Harbour Porpoise. England is proposing to work closely with four main bodies to enable the observations required to establish sightings and Marine Protected Areas are being conserved. Finding Sanctuary will observe the South West England, Irish Sea Convention will observe the Irish/English coastlines. Balanced Sea’s will observe South East England and Net gain will work closely with Fisheries and Tourist business to encourage them to report sightings. Biodiversity Northern Ireland – Priority Species (Northern Ireland) In Northern Ireland the Harbour Porpoise is protection under Schedule 5 of the Wildlife (NI) Order 1985. The Order makes it an offence to intentionally kill, injure, take, possess, or trade in any wild animal listed on Schedule 5, and prohibits interference with places used for shelter or protection, or intentionally disturbing animals occupying such places.  The Order also prohibits certain methods of killing, injuring, or taking wild animals. Biodiversity Northern Ireland – Priority Species and habitats list 2010 (Northern Ireland) The list was designed to establish a priority list of species having more than a 2% decline in Irish Seas. From the Habitats Directive Legislation in the UK, Ireland also agrees that Special Areas of Conservation will be designated and managed to preserve marine habitats and species. By using volunteers from The Irish Whale and Dolphin Group to monitor areas of importance to the Harbour Porpoise sightings are recorded. Ulster museum assists in monitoring the harbour Porpoise in Irish seas; through their own findings they actively highlight the plight of the Harbour Porpoise. No SACs have been established in Northern Ireland but in the Republic of Ireland two areas have been established for Harbour Porpoise. Nature Conservation (Scotland) Act 2004 This act was established to allow tighter protection for threatened species. The act prohibits to intentionally disturb a cetacean and criminal enforcements can be given. Scotland priority species 2005 Scotland has established a priority species and habitats list to preserve biodiversity. In conjunction with UK BAP and the Habitats Directive Legislation in the UK the list outlines species and areas of concern and in need of protection. The findings for the list were reported from volunteer groups and scientists. Wildlife country side act 1981 Schedule 5 9.5A States that it is an offence to trade possess or transport Harbour Porpoise and parts of for the purpose of sale. The offence is committed if the animal is alive or dead. 9.5B States that it is an offence to actively advertise for the buying or selling of Harbour Porpoise. The Wildlife and countryside act have published plans to preserve and protect Marine Nature Reserves and Sites of Special scientific interest. The first conviction was made under the wildlife and country side act 1981 in 2008. A trial costing £20,000 took place in Folkestone Kent. Two men were convicted on interfering with a Cetacean (Dolphin). A witness reported seeing them playing rough yet video evidence showed they swam in the same area and touched the dolphin lightly. A marine expert stated he believed the dolphin enjoyed the interaction. The men were both fined £750.00 and ordered to carry out 130 hours community service. Convention on the conservation of migratory species of wild animals CMS Bonn Convention Convention on the conservation of migratory species of wild animals was adopted in 1979 and came into force in 1985. The main objective is to conserve migratory species and habitats. Appendix 2 states that management of migratory species requires international cooperation from many countries for the conservation of species. Surveying population numbers and possible threats must be reported and made public to allow countries to act if necessary. There are four legally binding agreements of the Bonn Convention one of which is the Convention of Migratory Species - ASCOBANS. Convention of Migratory Species = The Agreement on the conservation of small cetaceans – ASCOBANS In 1994 The Agreement on the conservation of small cetaceans was put into effect with the cooperation of Convention of Migratory Species (BONN Convention). The 1994 agreement originally only covered the North and Baltic Sea yet in February 2008 the agreement was extended to cover the North Atlantic and the Irish Seas. The vast area of seas coved by the agreement is considered to be a high risk area of threats to Marine Life due to a high volume of habitat deterioration and by catch figures. http://www.service-board.de/ascobans_neu/bilder/area_map.gif Ten countries agreed to recognise that the small cetacean’s conservation is key to remain part of the ecosystem. It acknowledges the decrease in the population of the harbour porpoise in the Baltic Sea and states that the main threats are by catch, habitat deterioration and disturbance. Habitat conservation and management, prevention of chemical spill and By Catch levels are of high importance, prevention of noise and the aim to lower impacts to area of food sources must also be addressed. Research and surveys are to be carried out to investigate population numbers, status, seasonal movements, breeding areas, feeding ecology and areas of special importance. They must be investigated to aid in reducing the effects on the populations of Harbour Porpoise. By catch and stranded figures must be recorded and full autopsies carried out to determine reason of death. Any findings must be added to an international database for the viewing of other countries and public bodies. Educating fishermen to record sightings and by catch numbers will allow correct figures to be recorded. The legislation prohibits intentionally killing or taking of small cetaceans and if Harbour Porpoise are caught they must be released with immediate effect EC CITES The convention of international trade in endangered species of wild fauna and flora .The convention was adopted in 1973 and came into force in 1975, the UK signed the agreement in 1976, the main objective of CITES is to prevent the illegal international trade in species that are endangered or at risk of becoming endangered in the future. The Harbour Porpoise is found listed in Annex A – At most Risk. OSPAR – The Convention for the protection of the marine environment of the North East Atlantic. OSPAR was founded when two previous conventions united. Both the Oslo Convention against dumping 1972 and the Paris Convention against pollution from land based sources were updated and extended to form the OSPAR convention 1992. It entered into force in 1998 when fifteen governments agreed to protect and conserve the North East Atlantic and its resources. The original four Annex’s from the previous conventions were all kept but Annex V was implemented and Appendix 3 added. This appendix covers the protection and conservation of the eco systems and biological diversity of the maritime area. Prior to this addition the convention was mainly to prevent and eliminate pollution from land based sources. Annex V protects rather than prevents and to do this effectively they devised the Texel –Faial Criteria to assess species and habitats in need of protection and the human activities check lists to identify areas where human activities are likely to have an adverse effect on the species and habitats. Harbour Porpoise occur in all OSPAR waters. EC Regulation 812/2004 This regulation was formed due to concerns of by catch in the fishing industry. It was put into force in 2004 and its two main objectives are that it can request to have onboard observers on some fishing vessels to allow proof of any by catch. The observers are compulsory. The second was to make it mandatory for some fishing vessels to be fitted with pingers on nets. Both objectives can assist in the conservation of the Harbour Porpoise. IUCN Red List – International union for conservation of nature The IUCN is not a governing body but works closely with all conservation acts. The red list highlights the threatened species and animals Worldwide. Through much assessment it outlines the risks to individual species to the conservation acts and conventions. The list includes categories of threat for 45,000 species ranging from least concern to extinct in the wild. In a 10 years period the red list has aided in the conservation importance to species and due to due to the highlighting of desperate species on the list some populations have increased. The list states that the Harbour Porpoise is “Least Concern”. This is stated due to the large populations found worldwide. UK Marine and Coastal Act 2009 – England and Wales The Marine and Coastal Access Act is a landmark piece of legislation (Natural England). In terms of protecting our seas, it provides Government, Parliament and stakeholders with a once in a generation opportunity to ensure the delivery of robust legislation which is fit-for-purpose and can deliver the vital network of Marine Conservation Zones. Natural England (date unknown). The act was put in force in 2009 and the main objective of the act is to ensure clean, healthy, safe productive and biologically diverse oceans and seas. The priority of the act is that a new system is implemented to improve the management and protection of the marine and coastal environments. Key factors of the UK Marine and coastal act start with the Marine management organisation. They will enforce marine legislation and play the largest role in marine UK legislation. They will prioritise the work required to conserve both species and habitat using a marine planning system. Two previous acts formed for the enforcing of marine environment licenses will be taken over by the marine management organisation to enable tighter restrictions and organisation of licenses issued. Marine Conservation zones will be delegated and alongside OSPAR they will be regulated. Evaluation of legislation proposed to protect Harbour Porpoise in UK waters When evaluating the legislation proposed to protect the Harbour Porpoise it shows that many countries agreed that the species requires protecting from human activities. The regional, national and international legislation combined should show a decline in bio diversity and an increase of populations in protected areas of the UK and adjoining waters. Due to most of the legislation protecting the habitats and not the species direct many concerns are raised about the use of the legislation. The legislation that protects the habitats is ideal for non migratory species but Harbour Porpoises migrate through many habitats in many countries so sightings and recordings stated by the legislation are not recorded. Communication between countries is a key factor due to the migratory behaviours yet due to overlaps and lack of recordings many sightings are missed. The EC habitat Directive Annex IV states that it is an offence to either deliberately kill a Cetacean yet by catch are classed as accidental catch/kill. It also states Disturbance of habitat is an offence but does not outline the definition of disturbance. A high court ruling stated that the area of distribution be changed from 12 to 200 nautical miles as the legislation did not outline it when written. Although not a legislation stating the Harbour Porpoise as least concern on the IUCN Red List will have a detrimental effect due to mistakenly informing the public of low concern issues for Harbour Porpoises in UK Waters. Justification of a range of the conservation strategies proposed When justifying the in situ strategies set in place to protect the Harbour Porpoise it shows that legislation written to aid in the protection relies heavily on volunteers. Many strategies are aimed to conserve habitats as well as the species. The EC Habitats Directive Annex II states that SACs were to be designated, yet no known SACs have been conserved for the Harbour Porpoise in the UK. The Convention of biodiversity in 2007 assigned the Harbour Porpoise a specific action plan in England, Wales and Scotland yet research shows that a lack of statutory backing prevented some commencing. England Nerc S.41 proposed to work with Net Gain to gain a relationship with Fishery companies and tourist companies in the UK. Net gain tried to establish sighting figures and by catch figures from the companies to aid in records. True numbers may not have been reported due to threats of loss of money and business for the fisheries and tourist companies. Northern Ireland Planed for SACs but none have been implemented. Scotland has devised a Scottish marine watching guide that sets out strict guidelines to tourist companies to aid in the conservation. The Wild Life and country side act 1981 had it first conviction twenty seven years after it was written; proving that over a long period convictions against crime to animals was not implemented strongly. The conviction is debatable due to the nature of the crime and the cost of the trial being £20,000 and the conviction charge being £1,400 especially when By Catch Kills thousands of Harbour Porpoises annually and no convictions are made. A leading strategy was ASCOBANS to prevent a future decline of small Cetaceans transpiring from a major decline in the Baltic Sea, populations have grown within that area but not at the rate originally proposed. An international Baltic Harbour porpoise day is celebrated on the 15th May to ensure public awareness of the cetacean and the threats it faces. The EC Regulation 812/2004 make it mandatory to have Pingers attached to nets to prevent by catch is a much needed action and recorded By catch figures show a decline when in use, although making observers (camera’s) mandatory on boats would also provide true evidence to gain true By Catch figures. Due to the least concern status and the large population’s world wide the Harbour Porpoise has no direct ex situ strategies based in the UK. A rehabilitation/dolphinarium is located in the Netherlands but the public response to cetaceans in captivity in the UK is against this. In 1992 the Marine animal rescue coalition (MARC) was formed to assist stranded live animals found in coastal areas by using refloatation. The Whale and Dolphin Society have been given £60,000 from the BBC to study the behaviour and prediction of negative impacts at Moray Firth in Scotland. (BBC Date Unknown). The Sea Watch Foundation has scientists studying the whales and dolphins in UK waters collecting evidence on populations and behaviours. Discussion Past conventions and legislations have failed in some areas and have not fully protected UK Cetaceans. When evaluating the legislation and justifying the strategies proposed for the Harbour Porpoise it is clear that the Marine Coastal Act 2009 legislation is needed to protect our coastal areas and marine life. 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