Protect Our Seas

Threats facing Cetaceans

An overview of the key conservation issues - by Sarah Hillel, LL.B, LL.M (Environmental Law)

Click here for sites supporting environmental awareness and which provide links to

"Recent history indicates that man’s impact upon marine mammals has ranged from what might be termed malign neglect to virtual genocide.
These animals including whales, porpoises, seals, sea otters, polar bears, manatees and others, have not only rarely benefited from our interest; they have been shot, blown up, clubbed to death, run down by boats, poisoned and exposed to a multitude of other indignities, all in the interest of profit or recreation, with little or no consideration of the potential impact of these activities on the animal populations involved"
(U.S. Congress Merchant Marine and Fisheries Committee Report 1971b: 11-12)

Despite several international agreements and legislative changes since this 1971 report, the threats facing cetaceans (whales dolphins and porpoises) still remain numerous, varied and global in nature. This site discusses some of the major threats and outlines a selection of current international legislation aimed at protecting the species.

The Whaling issue The issue of litter

Incidental kills in fisheries Prey depletion Noise pollution and harassment

Chemical pollution and marine debris The ‘Grind”

Key Legislation for the protection of cetaceans Links

The Whaling Issue

Direct killings through commercial hunting for meat, oil, and bone have thankfully been eradicated or drastically reduced in most parts of the world, although these practices do continue to unacceptable levels. The International Whaling Commission (IWC), established in 1946 under the International Convention for the Regulation of Whaling (ICRW), regulates all whaling around the world. In 1982 the IWC, which is open to non whaling countries, adopted a resolution which called for a moratorium on commercial whaling.

Photograph courtesy of Campaign Whale

Text Box: The moratorium took effect in 1986, but as compliance is not mandatory much exploitation continues. The main large-scale perpetrators include Japanese and Norwegian whaling vessels. Japan has continued commercial whaling relying on Article VIII of the ICRW, which allows nations to grant permits for whaling for scientific research. Utilizing this loophole and in the face of international condemnation, the organisation Campaign Whale reports that Japan has slaughtered over 4,000 whales for so-called "scientific research" since 1987. Methods of killing are also controversial. The Japanese use electrocution by passing a current through electrodes placed on the heart of the whale. Several applications are sometime required to effectively kill the animal. Furthermore, since the ban was implemented, the number of Japanese dolphin kills have increased. The Sea Shepherd Conservation Society reports that by 1995 a single species -- Dall's porpoise -- was being taken at a rate of 17,000 per year. (TOP of page)

The Grind

Photograph courtesy of Campaign Whale

The Faroe Islands are a Danish protectorate located in the North Atlantic, about 200 miles from Scotland. Each year for at least the last 400 years, the islanders engage in a horrific hunt known as the ‘Grind’. Large pods of North Atlantic and migratory North Sea pilot whales are rounded up by fishing boats and driven into shallow waters where they are hauled ashore and slaughtered. Between 1500 - 3500 whales a year are killed in this manner. Aside from the barbarism of the act, the practice is not economically necessary to sustain the islands since the Faroes enjoy a prosperous fishing industry and the claim that the ‘Grind’ is part of Faeroese culture simply cannot justify the practice. Furthermore, recent scientific evidence suggests that the meat is contaminated with PCBs, heavy metals and pesticides. Islanders are warned against eating excessive amounts; it in fact appears that most of the meat is eventually dumped. Even more significantly, the ‘Grind’ is clearly in contravention of the terms of both the Bonn Convention on the Conservation of Migratory Species of Wild Animals which lists the pilot whale as among migratory species which have an “unfavourable conservation status” and the Berne Convention on the Conservation of European Wildlife and Natural Habitats, which lists the long-finned pilot whale as a species of "strictly protected fauna.” (TOP of page)

Specific threats

Notwithstanding the issue of intentional kills, whales and dolphins are also vulnerable to other threats resulting from human activities. These include incidental kills in fisheries (bycatch), habitat deterioration, noise disturbance, harassment and various types of pollution.

Incidental kills in fisheries (bycatch)

It is generally recognized that the most significant threat to small cetaceans is 'by-catch', that is the accidental capture or entanglement in fishing gear. Over the last 30 years many conservation groups have drawn public attention to this continuing threat. In 1990, for example, the IWC estimated that the mortality of cetaceans in driftnets (mostly of Japanese and Taiwanese origin) in the Pacific and Indian Oceans and the Mediterranean to be between 315,600 and 1,060,200. On 22 December 1989, the General Assembly of the United Nations expressed alarm at the over exploitation of living marine resources of the high seas by driftnets and unanimously adopted Resolution 44/225 recommending that all members of the United Nations agree to a moratoria on all large-scale pelagic driftnet fishing on the high seas by 30 June 1992 . Nevertheless, implementation of this ban needs to be closely monitored since it has not been strictly enforced. The European Union took similar measures with a 1992 Directive limiting the size of nets. In 1998 this was taken a step further when the EU agreed to a prohibition on driftnets of any length in tuna and similar fisheries, phasing out this fishing practice by December 31st 2001.

These legislative measures require strict monitoring to be effective, since without enforcement measures illegal fishing will undoubtedly continue. The Whale and Dolphin Conservation Society (WDCS) perhaps the most successful campaign organisation for the protection of cetaceans, suggests that fishing fleets be subject to independent observation in order monitor bycatch. Finally, the problems do not end with driftnets. There is consensus that there should be better management of other the types of fishing gear, including gill nets and pelagic trawl fisheries. In European waters that this may be taken account of during the process of amending the EU Common Fisheries policy.

(TOP of page)

Prey Depletion

The second category of threat from fisheries interactions is prey depletion where, in basic terms, cetaceans and humans can be seen as competing for the same harvestable marine resources. These biological interactions, particularly the impact of prey depletion on cetaceans from over fishing, are extremely complex. It is, however, firmly established that world fisheries production has dramatically increased in the last 50 years. The U.K., for example, due to its geographical position, has a major interest in sea fisheries, involving a fleet of some 7600 vessels. After many years of poor fisheries management, it is estimated that two- thirds of U.K. fish stocks are in decline, and in recent years sustainability concerns have been expressed for North Sea herring, mackerel and cod. Controls exist on the volume and methods of fishing within the framework of the EU Common Fisheries Policy (CFP) established in 1983. A principal element of the system is the setting of Total Allowable Catches (TACs.) However, the system has been universally criticised as being a disastrous failure, ‘having been unable to protect fish stocks or ensure a sustainable fishery to secure the long-term future of the fishing industry.’ For example, the TAC quotas do not take into account those fish which are discarded at sea, transferred to other ships offshore, or landed illegally.

In March 2001 the European Commission published a Green Paper on the future of the CFP. The Paper provides a critical analysis of several aspects of the CFP’s operation and poses some important questions about how fisheries should be managed, including the need to integrate environmental concerns more fully into fisheries’ management. Although reduction of stock and the probable effects on marine mammals are not specifically addressed, the Green Paper recognizes that over capacity in EU fishing fleets have had an impact on non target species and habitats, but the severity of this impact and the time required to reverse its effects are often unknown since there is insufficient knowledge about the functioning of marine ecosystems and the side effects of fishing. However, it is recognized that removal of individual fish species from natural populations may also have consequences on the effective functioning of ecosystems where such removals are at a level which threatens species with extinction or local disappearance. This conclusion echoes the fears of environmentalists that cetacean populations may be dispersed or population sizes forced into decline where prey species are drastically reduced, possibly to less than the minimal required aggregate for successful breeding. Harbour porpoises, for example, are known to make seasonal migrations which follow fish stocks, and their coastal distribution around the U.K. closely coincides with the distribution of herring spawning grounds. Mark Simmonds of The Whale and Dolphin Conservation Society suggests that, in view of available data, there is simply not enough prey to support porpoise populations; the implications of this for other small cetaceans are unclear.

Noise pollution and harassment

There is increasing evidence that the noise created by ship traffic, military sonar defence systems and seismic testing used in oil and gas exploration, are dangerously disruptive to cetaceans and other marine animals. Whales and dolphins use their refined sense of hearing to navigate, find food and communicate with each other. The research indicates that these unnatural man made noises are capable of interfering with migratory, diving and hunting patterns. How disruptive or damaging these interferences are to cetaceans is not completely understood, but if it leads to animals abandoning habitats normally used for feeding or breeding it is clearly significant. Much may depend on the distance from the noise. At close range there is evidence that noise levels are capable of inflicting physical damage by causing tissues in the lungs and ears to rupture and hemorrhage. Over recent years there is an increasing amount of noise from ship and boat traffic, and in coastal areas particularly from recreational motor vessel and jet skis, which also have potential of disturbing cetaceans. For more information refer to the National Defence Council Report Sounding the Depths: Supertankers, Sonar, and the Rise of Undersea Noise

Furthermore, in many coastal regions of the world there are increasing reports of intentional harassment of groups of dolphins by recreational craft. There is always the risk that cetaceans and other marine creatures, such as turtles, can by hit by speeding vessels, sometimes fatally. In the U.K., for example, harassment of pods of dolphins by boaters and jet skiers became so wide spread and threatening that in the year 2000, following a significant amount of public pressure, the ‘reckless disturbance’ of cetaceans was added as an offence under a new piece of wildlife legislation.

Chemical Pollution and Marine Debris

As well as direct pollution of the ocean, whether accidental or otherwise, by the dumping of waste at sea or through oil spillages from ships, various types of land based have an impact on coastal waters and the marine environment. Discharges and run off from agricultural or industrial activities, recreational and tourist developments, as well as carelessly discarded litter are a hazard to marine life. Scientific study clearly shows a link between mortalities and polluting compounds found in the bodies of species, particularly heavy metals. Pollutants have also been linked to reproductive and immune system deficiencies and a greater sensitivity to bacterial or viral infections, some of which are fatal.

The issue of litter ……………….

Photograph courtesy of Kathy O'Hara – Center for Marine Conservation, USA.

All types of synthetic trash which finds its way into the sea poses a severe risk to marine life. Many marine mammals die each year after becoming entangled in discarded nets, ropes or plastic strapping bands. Entangled, they are often unable to swim, eat or breathe properly which results in them either drowning or starving to death. In certain parts of the Mediterranean, the cause of death in mammals found on the shores was ascertained to be the result of the ingestion of plastic materials blocking the digestive tract. Birds and fish, as well as mammals, may confuse discarded trash for food. Sea turtles are known to ingest plastic bags mistaking them for jellyfish, one of their staple foods.

(TOP of page)

Photograph courtesy of Mr. Robert Schoelkopf,

Marine Mammal Stranding Centre, USA.

Biologists who performed an autopsy on an

emaciated male sperm whale beached at

Sea Side Heights, New Jersey, SA,

found this party balloon,

ribbon still attached, blocking

the animal's digestive tract.

The major legislation for the protection of cetaceans

Over the last 30 years a number of international agreements have been formulated which include provisions aiming to protect cetaceans. In comparison with the laws of national legal systems there are inherent difficulties surrounding state compliance with international treaties or conventions and in their enforcement. The provisions of international agreements require translation into national law by ratification in order to be effective. Furthermore, it is surprising that there is not one formal international authority responsible for the protection of all cetaceans. On a point of legal interpretation of the ICRW, many States contend that the jurisdiction of the IWC should be extended to cover small cetaceans as well as whales. To date such a move has been opposed by the whaling nations.

However, there are a number of non-profit volunteer organizations, dedicated to the conservation of cetaceans and other marine mammals (a selection of such organizations can be found HERE.) In the absence of a supreme authority and with the inherent difficulties of implementing international agreements, these non governmental groups serve a significant function in raising public awareness, pressing for change and putting pressure on states to achieve their obligations under international or regional agreements.

Convention on the International Trade In Endangered Species of Wild Fauna and Flora 1973 (CITES)

CITES regulates, and in some case prohibits, international trade in wild animals and plants, or parts or derivatives of such wildlife, which are threatened with extinction, or may become endangered without trading regulations. Protected species include all whales, dolphins and porpoises. All large cetaceans are now in CITES Appendix I, trade in which is strictly prohibited. A major defect is the ability of parties to file reservations that exempt them from the requirements of the convention with regard to species in any of the Appendices, or in parts and derivatives of Appendix II & III species. Of particular controversy are the reservations of Cetacea taken by Japan and Norway, which enable them to trade with each other or with non parties.

Bonn Convention on the Conservation of Migratory Species of Wild Animals 1979 (CMS)

The convention was adopted in Bonn, Germany, on 23 June 1979, and entered into force on 1 November 1983. Its primary objective is to protect species of wild animals that migrate across or outside national boundaries. The CMS recognizes that terrestrial, marine and avian species require protection in all stages of migration if conservation is to be successful. Parties to the CMS who are deemed 'Range States’, are under an obligation to conserve migratory species that are in danger of extinction throughout all, or a significant portion of their migratory range, which are listed in Appendix I. This includes the most threatened Mediterranean migratory species of, whales, dolphins and turtles. Parties must prohibit the taking of Appendix I species and must endeavor to conserve and restore habitats and minimize the effects of activities or obstacles impeding migration. In addition, the CMS encourages states to enter into regional agreements to protect species in Appendix II, which includes a number of additional whale and dolphin species. Several such agreements have been concluded and of particular relevance to the Mediterranean was the signing in 1996 of ACCOBAMS, an agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area. Species covered by the agreement are the Harbour porpoise, Bottlenose Dolphin, Common Dolphin and Long-finned Pilot Whale. Parties are obliged to enforce legislation to prevent the deliberate taking of these species by vessels under their flag or within their jurisdiction and to create and maintain a network of specially protected areas significant for feeding, breeding and calving. Parties are also required to assess and manage human-cetacean interactions and carry out research and monitoring. There are 15 final act signatories.

The Berne Convention on the Conservation of European Wildlife and Habitats 1979

The objective of the Berne Convention is to conserve wild flora and fauna in their natural habitats with emphasis on endangered and vulnerable species, including endangered and vulnerable migratory species. Parties to the Convention are required to ‘take appropriate and necessary legislative and administrative measures’ to ensure the protection of 19 species of cetacean listed as ‘strictly protected fauna’ under Appendix II. This includes most of the species commonly found in north-west Europe and those regularly present in the Baltic and North Seas. Under Article 6, deliberate disturbance, killing, keeping, and capturing are specifically prohibited in relation to these species. The remaining cetacean species not mentioned in Appendix II are listed in Appendix III as ‘protected fauna species.’ With respect to these, Parties shall take appropriate and necessary legislative and administrative measures to ensure their protection by utilising a number of measures. These include, regulating exploitation by the use of close seasons and the temporary or local prohibition of exploitation, as appropriate, in order to restore satisfactory population levels.

Small cetaceans, as species listed in Appendix II, are those to which Parties are ‘especially’ obliged to take appropriate and necessary legislative and administrative measures to ensure the conservation of their habitats. In addition to this rather general habitat provision, Article 6(1) more specifically provides that ‘the deliberate damage to or destruction of breeding or resting sites’ of Appendix II species be prohibited.

Since small cetacean species listed in both Appendices II and III can be considered as migratory, Parties have further undertaken ‘to give special attention to the protection of areas that are important (for these migratory species) and which are appropriately situated in relation to migration routes, as feeding or breeding areas.’ (TOP of page)

European Union Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (the Habitats Directive) 1992

All small cetaceans are listed under Annex IV of the Habitats Directive as species requiring ‘strict protection.’ The Directive is the EU’s response to the Berne Convention and the conservation obligations in respect of these species are reproduced almost identically. Therefore, under Article 12 (1), all forms of deliberate capture or killing, deliberate disturbance particularly during the period of breeding, rearing, hibernation and migration, and the deterioration and destruction of breeding sites or nesting places are required to be prohibited by EU Member States.

Aside from these specific measures of importance to individual species, the primary focus of the Directive is on habitat, and in this regard the major aim of this instrument is the creation of a network of Special Areas of Conservation (SACs) throughout the EU (by 2004), to protect both terrestrial and marine biodiversity. Although the Habitats Directive is acknowledged as not providing a comprehensive nature conservation framework in the marine environment, due to significant gaps in coverage of marine habitats and species within it, the Directive does have considerable relevance to the protection of small cetaceans in European waters.

SACs, together with sites designated as Special Protection Areas (SPAs) under the EU Wild Birds Directive, will form a ‘coherent European network’ of sites known as Natura 2000, which shall enable the natural habitat types and species’ habitats concerned to be maintained or restored at a ‘favourable conservation status in their natural range.’

The harbour porpoises and bottlenose dolphin are listed in Annex II as species whose conservation requires the designation of SACs. However, the procedures for producing a list of SACs are considered complex and there are concerns about the level of funding available to implement the schemes. Beyond these criticisms there are a number of weaknesses in a number of EU Member States’ implementing measures.

A final word
Why Conserve Cetaceans?

There is clearly ample evidence to show that cetaceans are at risk from a diverse range of environmental man made threats - but why is their survival of consequence ? Why should we be particularly concerned with the conservation of these marine mammals at all, or more so than the survival of other threatened species on the planet ?

My own rationale for protecting cetaceans is founded upon personal feelings and solid environmental and scientific fact. Anyone who, like myself, has had the privilege of interaction with cetaceans in their natural environment know of their extraordinary, euphoric effect on the human spirit. They are our aquatic counterparts: social, sensitive and evidently intelligent. As we, humankind, are the most developed life form on the terrestrial planet so they are in the aquatic realm. As such, surely they deserve better than to suffer the misery of innumerable human created hazards. Moreover, as the most value conscious form of life, should we not be under a moral obligation to protect rather than exploit and endanger the other.

Aside from reasons for conserving cetaceans based upon ecocentric values for intrinsic distinctiveness, there is good argument for conserving these species for their biological and ecological uniqueness. These sensitive mammals are highly vulnerable to pollution-inflicted diseases, toxins and heavy metals which are increasingly blamed for mass strandings, immune system deficiencies and birth defects. In this role as early ecological indicators of pollution they serve to warn us of the state of our seas and ironically, the health of humanity is reliant upon a functioning ecosystem. As emphasised by Dr Sylvia Earle (former Chief Scientist, National Oceanic & Atmospheric Administration) : "every breath we take is dependent on the ocean and unless we really understand how that vast system works and take better care of it, it isn’t just the ocean that’s in jeopardy, it’s our whole future that’s at stake."

You are visitor number

LINKS

Marine Mammal Protection Sites Promoting Environmental Awareness

A huge thank you to Clip Art Warehouse U.K. who provide a vast array of FREE clip art images

Marine Mammal Protection

Campaign Whale An NGO dedicated to the protection of whales, dolphins and their habitat.

Israel Marine Mammal Research and Assistance Center Educational and research programs designed to raise public awareness.

The Cetacean Research Rescue unit (CRRU) is a small, non-profit organisation based in NE Scotland dedicated to the conservation and protection of whales, dolphins and porpoises in Scottish waters through scientific investigation, environmental education, and the provision of professional, veterinary assistance to sick, stranded and injured individuals.

Sites Promoting Environmental Awareness

Zoos Worldwide zoos, aquariums, animal sanctuaries and wildlife parks worldwide - also includes zoo reviews, zoo cams and an Animal of the Month

ECO International is a registered Canadian charity, a nonprofit consumer resource designed to coordinate information for consumers concerned with the ethical effect of their spending on goods and services. For the remaining species on this planet to survive with some quality of life we must determine and maintain sustainable levels of our resources.

EPAnet (Environmental Protection Activists Network) Join us In Sustaining the Earth for all life.

Path to Freedom – Providing a pathway for a sustainable world.

Association for Environmental and Outdoor Education AEOE is dedicated to the education of children and to helping them increase their awareness and understanding of their natural environment.

Veriuni Earth and family safe cleaning products A powerful, effective, and non-toxic alternative to traditional cleaners.

Brunson Images Underwater photography of great white sharks, whale sharks, dolphins, seals, manta rays, scuba divers, turtles and many marine creatures.

Attitude's New Zealand Search Guide is a free resource, providing information on search engines and directories focused on New Zealand websites.

iQuest Web Design offers affordable web site design and and development to fit your small business needs. Check out our Web Directory to find links to the top sites on the web. Lots of metaphyscial sites and webmaster resources. Reciprocal links and Directory submission accepted.

Red Sea Surveyor –The M.V. Sea Surveyor is an oceanographic research vessel operating in the Red Sea, Indian Ocean and Mediterranean. The vessel has undertaken charters to investigate coral bleaching in the Seychelles Islands and cetacean population distribution assessment in the Gulf of Aqaba and Gulf of Suez.

The Adventure Pages (TAP) is a publishing company specializing in the Adventure, Recreation, Travel & Tourism markets in California.

Desert Eco Tours Operating Tours throughout Sinai, Jordan, the Negev and Israel.

Noli Control Systems - Save Energy With Compact Fluorescent Bulbs We offer a range of quality energy saving compact fluorescent light bulbs and accessories. We have the most popular and best value energy saving light bulbs in America!

Cobra Insurance COBRA contains provisions giving certain former employees, retirees, spouses and dependent children the right to temporary continuation of health coverage at group rates.

Eco Practical Activist Net is a place for information on the conservation of Endangered Species.

Aqua Safaris is a free referral service offering a central reference point for tourist services in Kenya.

Light Underwater Marcelo Mamanna/Beautiful black and white underwater photography.