Legislation
All seals and cetaceans found within Scottish waters are protected by a range of national and international obligations. This section provides a brief summary of some of these obligations.
Cetaceans
Council Directive 92/43/EC on the Conservation of Natural Habitats and of Wild Fauna and Flora (the 'Habitats Directive')
All cetaceans are listed in Annex IV of the EC Habitats Directive (92/43/EEC) as species being in need of strict protection. Under Article 12 of the Habitats Directive, it is an offence to deliberately capture, kill or disturb cetaceans; or to cause deterioration or destruction to their breeding or resting places. In addition, Article 12 requires that Member States establish a system to monitor the incidental capture and killing of all cetaceans, and to take measures to ensure that incidental capture and killing does not have a significant negative impact on the species concerned." Member States also have a duty to ensure that any measures taken are designed to maintain and restore wild species at a favourable conservation status.
Wildlife and Countryside Act 1981
The Wildlife and Countryside Act 1981 provides for the protection of all cetaceans found within UK territorial waters. Under Section 9 of the Act, it is an offence to intentionally kill, injure or take cetaceans; and to cause damage or destruction to certain areas used by cetaceans for shelter and protection, or to intentionally disturb animals occupying such areas.
Nature Conservation (Scotland) Act 2004
The Nature Conservation (Scotland) Act 2004, which was launched on November 29 2004, contains measures to improve the existing species protection offered by the Wildlife and Countryside Act 1981, including the extension of existing protections for cetaceans from intentional disturbance to encompass protection from 'reckless' disturbance in line with that offered by the CROW Act 2000 in England and Wales.
Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS)
ASCOBANS was set up under the auspices of the Convention on Migratory Species of Wild Animals (CMS) and came into force in March 1994. The Agreement was drawn up to co-ordinate and implement conservation measures for small cetaceans in the North and Baltic Seas. The Agreement requires Member States to make efforts towards reducing pollution, bycatch in fishing nets, and disturbance by recreational and seismic activities.
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Seals
Conservation of Seals Act 1970
Under the Conservation of Seals Act 1970, Scottish seals are provided with a degree of protection during their main moulting and breeding periods (known as 'close seasons'). For grey seals, the close season extends from September 1 to December 31, and for common seals, from June 1 to August 31. The Act also prohibits certain methods of taking or killing seals - poisons and inappropriate firearms.
Conservation of Seals (Scotland) Order 2004
The Conservation of Seals (Scotland) Order 2004 was introduced on September 4 to offer additional protection to a sensitive and potentially vulnerable common seal population in the inner Moray Firth following a recent reduction in common seal numbers in this area. The Order effectively extends the 'close season' restrictions on shooting common and grey seals to the whole year in the Moray Firth.
Conservation of Seals (Scotland) Order 2007
The Conservation of Seals (Scotland) Order 2007 was introduced on March 23 to offer additional protection to potentially vulnerable common seal populations in the Northern Isles and in an area between Stonehaven and Dunbar on the East Coast of Scotland following recent reductions in common seal numbers in these areas, The Order effectively extends the 'close season' restrictions on shooting commen seals to the whole year in the areas covered.
Council Directive 92/43/EC on the Conservation of Natural Habitats and of Wild Fauna and Flora (the 'Habitats Directive')
Under the Habitats Directive both common and grey seals are identified as protected species for which Special Areas of Conservation (SAC) must be designated. Within SACs, steps must be taken to preserve the conservation status of both native seal species. The Habitats Directive provides additional restrictions on methods of taking or killing seals, which are listed in Annex V(a) of the EC Habitats Directive.
A Legislative Matrix for the Management of Scottish Seal Populations presents a brief guide to the various pieces of legislation relating to seal management issues. Please note that this does not provide a substitute for consulting the relevant legislation itself or for seeking appropriate legal advice on its interpretation.
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