Sixth Report - Protecting Marine Mammals in the UK and Abroad

Species-level assessments can sometimes mask profound issues with specific populations or communities of marine mammals; for example, it is thought that the last remaining coastal community of killer whales in the UK will disappear within our lifetimes. It is also the case that new cetacean species and populations are being discovered which are then very quickly found to be threatened. For these reasons, taking a precautionary approach to policymaking is particularly important for marine mammal conservation. We also condemn the abuse of IWC guidelines whereby certain countries carry out de facto commercial operations under the guise of scientific research. While we acknowledge that the legal duty to have due regard in policymaking to the Environmental Principles Policy Statement, including the precautionary principle, does not come into force until 1 November 2023, Defra should prioritise marine mammal protection in the application of this principle when formulating relevant policy in advance of that date. Defra should also consider further research into disease in marine mammals. (Paragraph 18) Monitoring

Monitoring of marine mammals is difficult and costly. However, without sufficient monitoring data it is not possible to tailor a properly informed policy response to the challenges these animals face. It is therefore vital not only that support for monitoring programmes is increased but also that all opportunities are taken to make monitoring more efficient. We heard that increased use of technology and citizen science are two key ways in which to seek to achieve this.

We believe investment in new technological solutions is the most effective way of upscaling marine mammal monitoring and filling the data gaps which currently hamper policy responses in this area. Among the most promising technologies are passive acoustic monitoring and the use of low-altitude satellites, while AI could also play a role. When asked about its commitment to technological solutions to marine mammal monitoring, the Government cited the £1.5m innovation competition with industry aimed at improving observation of biodiversity, under the Marine Natural Capital and Ecosystem Assessment (NCEA). However, the vast majority of the projects awarded funding under the first round of this initiative have little or no focus on marine mammals specifically, meaning this approach is completely inadequate in this context. We recommend that a new initiative should be launched specifically to encourage the development of new technological solutions to marine mammal monitoring, with ring-fenced funding that at least matches the existing £1.5m Marine NCEA innovation competition. (Paragraph 31) UK Policy and Legislative Framework

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.

We further recommend that the Government should bring in bespoke primary legislation on marine mammal protection over the course of the next Parliament.

We are disappointed that, two years on from the consultation, there is still no final version of the Dolphin and Porpoise Conservation Strategy. We recommend that Defra works closely with the Scottish Government to ensure that SMART targets be included in the final strategy for each species covered, on which the Administrations should work together (as opposed to each having their own targets and action plans). Defra should also work with the Scottish Government to expand the strategy to cover all 12 species cited as “regularly seen” in UK waters. The final strategy, including all these elements, should be published no later than January 2024.

We believe HPMAs are an important tool in marine mammal conservation which can play a key role in ensuring sustainable marine ecosystems. We support the rollout of the three HMPAs due to be formally designated by July 2023 and wish to see others follow. It is vitally important that their introduction is subject to comprehensive and ongoing engagement with the fishing industry, especially given increasing spatial pressures. We call on the Government to publish an ambitious timetable for the designation of HPMAs and to outline their monitoring and enforcement strategy by the end of 2023. (Paragraph 43) Bycatch monitoring

Current levels of bycatch monitoring are insufficient to gain an accurate picture of the numbers of marine mammals killed or injured in this way, despite the requirement for vessels to report marine mammal bycatch. While we heard suggestions that mandatory remote electronic monitoring (REM) should be introduced, we are mindful of the significant burden such a requirement would place on the fishing industry, especially smaller vessels. We therefore recommend that the Government introduces mandatory bycatch monitoring, but that this is phased over several years, with smaller vessels being given extra time and, where necessary, financial support to meet their obligations. We would like to see an action plan to achieve this, with targets and milestones, by December 2023.

Accidental bycatch in fishing gear is the biggest single threat to marine mammals and has been described as “one of the grossest abuses of wild animal sensibility in the modern world”. While the Bycatch Mitigation Initiative and Clean Catch programmes have made some progress on this issue, efforts to tackle bycatch need to be stepped up. This must be done in close consultation with scientists, NGOs 30 Protecting Marine Mammals in the UK and Abroad and the fishing industry, who must be supported to take part in appropriate trials, including via financial incentives where necessary. We recommend that Defra and the devolved administrations work together to produce a UK-wide action plan with SMART targets to significantly bring down bycatch numbers. These targets should be developed in consultation with scientists, NGOs and the fishing industry and include consideration of risk factors such as location, gear type and species. Action should begin in the high-risk fleets cited by our witnesses as soon as practicable, and at the very latest be in place by June 2024. (Paragraph 51) The UK on the International Stage

We heard a number of examples of the UK being cited as a leader internationally when it comes to marine mammal welfare and conservation. Given that this is an issue which transcends national borders, it is vital that the UK seeks to maximise its soft power in this arena. A key part of this is leading by example. We recommend that the Government accelerates action in relation to protected areas in UK waters, such that all such designated areas, including HPMAs, have proper management plans in place by the end of 2023. We also urge the Government to raise issues of marine mammal welfare with those countries who still engage in hunting, such as Iceland, Norway, Japan and the Faroe Islands, whenever bilateral and/or multilateral talks are taking place, including trade and fisheries negotiations.

We strongly support greater integration of environmental considerations including animal welfare in free trade agreements and feel much more can be done in this regard than at present. We are pleased to hear that there are ongoing discussions between the FCDO, Defra and the now Department for Business and Trade on how this might be achieved. We request that further details be provided to this Committee on these discussions in its response to this report. We also recommend that the UK should not agree any new trade deal that does not include a specific commitment to marine mammal conservation. (Paragraph 61) Protecting Marine Mammals in the UK and Abroad 31