Select committee: Environment, Food and Rural Affairs Committee

Recommendation 4

Sixth Report - Protecting Marine Mammals in the UK and Abroad Published 28 Jun 2023 Paragraph 35 Addressed to Department for Environment Food and Rural Affairs
Recommendation (the committee's words)
The current UK legal framework around the protection of marine mammals is incoherent and not sufficient to effectively preserve these precious species. UK measures are in stark contrast to best practice exemplified internationally by the 1972 Protecting Marine Mammals in the UK and Abroad 29 US Marine Mammal Protection Act, and, as ministers conceded to us in evidence, there are concerning loopholes that harm marine species. We strongly endorse the JNCC’s recommendation that seals be added to the list of species in Schedule 5 of the Wildlife and Countryside Act to protect them from reckless disturbance, and wish to see this implemented as soon as practicable. We also recommend that Defra should work with stakeholders and their legal advisers to explore ways to close the loophole which currently allows the transit of cetacean products through UK ports. We call for an assessment by the Department of options and their feasibility, in a supplementary response to this Report, by December 2023.

From: Environment, Food and Rural Affairs Committee, Sixth Report - Protecting Marine Mammals in the UK and Abroad (HC 697), paragraph 35, 28 June 2023

Government response

The government responded to the whole report on 31 October 2023 (deadline 28 August 2023).

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government agrees with the Committee on the importance of the precautionary principle and the role of marine mammals, but disagrees with some recommendations, including a UK-wide bycatch action plan with targets and a free trade agreement commitment on marine mammal conservation.

  • On bycatch, it disagrees with producing an action plan with UK-wide targets, as each fisheries policy authority will set time-bound targets "where appropriate". It will develop an England-specific work plan in 2024.
  • On monitoring, it points to existing investment, including Defra's £40m mNCEA programme, and does not consider it "necessary to establish a further fund". It is considering responses to its remote electronic monitoring consultation and will respond "in due course".
  • On the Dolphin and Porpoise Conservation Strategy, it acknowledges the recommendation but says "sufficient time is required", and it "hope[s] to publish in 2024". It does not expect to introduce bespoke primary legislation on marine mammals.
  • On protected areas, it welcomes the suggestion but does not agree to the proposed timeline, aiming to implement management measures, "where necessary", by the end of 2024. It disagrees with a specific marine mammal conservation commitment in free trade agreements.

Read the government's response ↗ Report an error