"We congratulate the efforts of Andrew George MP to secure and lead the House of Commons debate recently, addressing cetacean mortality. A number of points were made, building on the South West Dolphin Report, published last year, in partnership with The Wildlife Trusts."

"We will continue to address the issue of cetacean bycatch, both here within the UK and within Europe as our discussions with ICES and the Commission continue, but this discussion in the House of Commons indicate the depth of concern and support shared by others."
Lissa Goodwin, Fisheries & Policy Officer

House of Commons Debate: 6 Feb 2008

Cetacean Mortality

4.58pm
On resuming

Andrew George (St. Ives) (LD): I am delighted to have secured this opportunity to debate something that stirs the passions of many people around the coast of the UK, but also inland. When the Minister visits my constituency and other parts of Cornwall and the south-west early next week, I hope that it will be possible to continue the dialogue that we are commencing today.

As I shall explain in a moment, the issue certainly creates an environment in which there is much uncertainty. Perhaps it is appropriate to use a Rumsfeldism: there are many known unknowns, and probably as many unknown unknowns, when it comes to the science that surrounds the marine ecological system and our knowledge about the extent, population, health and mortality of cetaceans, which, of course, are the whales, dolphins and porpoises around our coast.

I should acknowledge at the outset the contribution of the Minister’s predecessors—the right hon. Member for Scunthorpe (Mr. Morley) and the hon. Member for Exeter (Mr. Bradshaw), who is now the Minister for the South West—and their work in this field. My conversations with them and with European Commissioner Joe Borg indicate a degree of sympathy and concern, although progress to achieve results is particularly slow.

I should also acknowledge the interest and co-operation of fishermen and fishing organisations in my part of the world. The Cornish Fish Producers Organisation and its chief executive, Paul Trebilcock, have co-operated in trying to achieve a better understanding, despite the fact that many accusations have been thrown at fishermen. They have allowed observers on their boats and assisted with investigation and mitigation measures to reduce cetacean bycatch. I believe that the Minister will be meeting Edwin Derriman, chief executive of the Cornwall Sea Fisheries Committee, next week.

On the environmental front, many organisations have taken a passionate and deep interest in the matter, including the Cornwall Wildlife Trust, particularly Dr. Nick Tregenza and Joanna Doyle, and many other national and international organisations, including the World Wildlife Fund, Greenpeace, Silver Dolphin marine conservation and diving centre at Penzance, the Whale and Dolphin Conservation Society and Marine Connection.

I want to paint the background. The vision of a thriving marine environment and sustainable, economically viable fisheries is at the heart of what I believe the Government want to achieve, and I hope that the Minister will expand on that. One prominent issue that is hampering the achievement of that is the incidental bycatch of cetaceans in fishing gear. Bycatch, which accounts for thousands and possibly tens of thousands of cetacean deaths worldwide each year, poses a major threat to the conservation of small cetaceans throughout the world’s oceans and is widely recognised as one of the most serious environmental impacts of modern commercial fishing. Apart from the direct impact on cetacean populations, bycatch may affect the structure and function of marine ecosystems at population, community and ecosystem levels. I believe that the Department for Environment, Food and Rural Affairs has identified and acknowledged that.

Dolphins and porpoises are particularly good biological indicators of the status of the environment in which they live and can indicate problems in the food chain brought about by overfishing or changes in environmental conditions. Looking at the impact on dolphins and porpoises around the Cornish and south-west coasts involves looking primarily at the impact of the offshore industry, particularly of pair trawling—predominantly a French industry, but it involves a few Scottish boats—and the set nets around the inshore waters of Cornwall and the south-west. An indicator of the seriousness of the concern that many people have, particularly environmentalists in the area, is the bottlenose dolphin. I raised that issue in a parliamentary question to the Minister last Thursday.

The number of bottlenose dolphins had recovered in the area to an estimated 16 or 20 in 1991, but has fallen, following a further stranding at St. Ives last year, to six. They are fascinating creatures, and local Admiralty charts show dolphin pools where fishermen have seen dolphins fishing for themselves by pushing shoals into a bay and then catching the fish as they try to escape. They use intelligent methods of fishing, which make them a fascinating source of study.

In recent years, many innovative approaches have been put to the test in an attempt to reduce bycatch in set net fisheries particularly. Potential bycatch mitigation techniques include gear modifications, such as acoustic deterrents or pingers, on which I hope that the Minister will comment, and fisheries management, such as seasonal and geographical closure of specific fisheries.

Under the EC habitats directive, the Government are obliged to monitor cetaceans around our coast. The main aim of the directive is to promote the maintenance of biodiversity by requiring member states to take measures to maintain natural habitats and wild species at, or to restore them to, a favourable conservation status by introducing robust protection for those habitats and species of European importance.

The directive requires member states to introduce a range of measures, including protection of species listed in its annexes, to undertake surveillance of habitat and species and to produce a report every six years on its implementation. The Government have designated two sites on the Moray firth and in Cardigan bay as special areas of conservation for bottlenose dolphins in accordance with the UK’s obligations under the directive.

The UK participated in major European surveys of small cetaceans in the European Atlantic and North sea—the SCANS I and II surveys—in 1993 and 2005, which were unable to detect inshore bottlenose dolphins off south-western and Cornish coasts. We are not aware of any formal systematic surveying of bottlenose dolphins in south-western and Cornish inshore waters.

There was a significant difference in the SCANS. In 1993, the common dolphin population in the Celtic sea was estimated to be approximately 75,000. By the time of SCANS II in 2005, it was less than one third of that, but that reduction was attributed to better counting methods rather than a decline. Given the wide variability in those figures, I want to emphasise the unreliability or uncertainty of the data with which we are dealing.

With the movement of common dolphins into southern waters, it has been very noticeable that around 2,000 a year are caught in inshore fisheries in the Celtic sea. Apart from the bottlenose dolphin groups in the Moray firth and Cardigan bay, there are other groups, including those around the Cornish and south-western coasts. It is estimated that they colonised the Cornish coast some time after the last ice age, about 12,000 years ago, but died out in the second half of the last century because of organochlorine pollution. That is now much reduced, and they recolonised those coastal waters in 1991. They have been monitored by local agencies, and their decline has been noted.

All those matters are a cause for deep concern with a significant loss of cetaceans around our coast. Environmental scientists have been working very productively with fishermen, both inshore and offshore, to try to understand better the science. Other efforts include the tagging and dropping of dolphins at different distances from the shore, so that we get a better understanding of which fisheries the strandings are likely to come from. It seems that offshore bycatch is most likely to be masked because of the distances that the carcases must travel to be stranded on the coast. It sounds logical, but science is needed properly to understand the issue.

On 8 October last year, the Minister responded to my letter of 7 September. He stated: “The latest UK and international figures indicate that these have remained steady in UK waters over the last decade and are higher than for most of the post World War Two period.”

He goes on to state that; “these bycatch totals are on their own unlikely to represent a major conservation threat to dolphins or porpoises.”

However, that is on the basis of what is known within the UK. The biggest threat to dolphin and cetacean bycatch in the western approaches comes from French pair trawlers. As the Minister knows, I have been in contact with the French embassy about that issue. It has been rather slow in co-operating with me over the years. However, the French ambassador has now said that the French Government have completed their annual report on the implementation measures contained within European Council regulation 812, which has been sent to the European Commission. They are indicating to me that they wish to co-operate.

The Minister has given me figures—I would say that they are rather unreliable—about the extent of bycatch within the industry. However, no attempt has been made to cross-tally those figures with those held by other European states. We need to know whether the bycatch estimates for common dolphins will prove to be significant in the light of the recent SCANS II survey, which I have mentioned and which shows that the Celtic sea common dolphin population is about one third of the previous SCANS I survey estimate.

I know that the Minister seeks to address those issues, and I look forward to his response with regard to monitoring the problem. There is a wish within the community in Cornwall that the environmentalists and wildlife experts and enthusiasts co-operate with the fishing industry to monitor the health and mortality of the cetacean populations and to investigate mitigation measures, such as closed areas or the development of more sophisticated and more effective pinger systems.

Bill Wiggin (Leominster) (Con): I congratulate the hon. Gentleman on securing this important debate. I, too, am waiting to hear what the Minister says. One of the saddest things was in the Whale and Dolphin Conservation Society report, which has been sent to all UK MPs. Unfortunately, for our Government, it evaluates the efforts that they are making and states:

“The issues evaluated include fisheries bycatch (2/10), chemical pollution (4/10), noise pollution (1/10), boat traffic (1/10) and climate change (3/10)”

Does the hon. Gentleman agree that, if we are to stop the decline in our cetacean numbers and provide the right sort of habitat, the Government must do considerably more? Their intentions are good—everybody’s intentions are good—but the issue is one of delivery. I hope that the hon. Gentleman agrees that that is what we are looking for from the Minister today.

Andrew George: The hon. Gentleman is saying that there is a great deal of disputation as well as an attempt on the part of the partners involved in this process to try to find common ground, so that they can work together to find solutions. Clearly, if the fishing industry is prepared to work with environmentalists, that is an important first step. The Whale and Dolphin Conservation Society has offered constructive remarks, as well as reasonable criticism. We want to encourage the Government by praising them when they do well and castigating them when they are not making fast enough progress.

Will the Minister tell me how the Government are fulfilling their obligations under the EC habitats directive to monitor bottlenose dolphins around the Cornish and south-west coast? Given the significant uncertainty and varying estimates of population and the health and viability of many species, what plans do the Government have to adopt more accurate measuring methods?

Have the Government fully evaluated acoustic monitoring, which has been used successfully in locations such as the Baltic sea and New Zealand and developed locally in Cornwall? How does the new estimate of common dolphin numbers impact upon the UK’s assessment of current bycatch figures and the effect of bycatch on dolphin populations in the north-east Atlantic? In the absence of a porpoise special area of conservation around the UK, will the Government consider monitoring porpoises acoustically in existing special areas of conservation and around the Isles of Scilly, which also falls within my constituency?

Will the Minister advise on any potential funding streams to help support the monitoring and experimental mitigation projects? What discussions have the Minister and his Department had with the European Commission, and the French especially, about the implementation of the European regulation that I mentioned earlier? What further efforts will the Department be prepared to support, with regard to further pinger trials, the use of closed areas and other measures?

When the Minister comes to Cornwall next week, he will notice that people want to work co-operatively with each other and the Government.

5.16 pm

The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Jonathan Shaw): I congratulate the hon. Member for St. Ives (Andrew George) on securing this debate and on the way he has presented the case. He referred to people’s passion about these wonderful creatures. He referred to the dolphin report compiled by the Marine Connection and The Wildlife Trusts in his area. I have received a copy of it and we applaud the work.

We must ensure that the issue of cetaceans, dolphins and porpoises remains in the public eye. Pressure is brought on Government and questions are asked both by hon. Members in this House and by outside organisations. I argue that we have a good track record. The shadow Minister, my friend the hon. Member for Leominster (Bill Wiggin), who follows me around, said that there is still more for us to do. We might not be as good as he expects, but that is all part of the cut and thrust of this debate. I welcome it.

What the hon. Member for St. Ives says in raising those issues is important. It is important that we are held to account. I am pleased that he has called this debate. I look forward to visiting his wonderful constituency and meeting the folk down there. I hope that we have the opportunity to discuss the issue.

We know that the seas around the UK host over 25 species of whale, dolphin and porpoise. Some of those species make their home in our waters, while others are welcome seasonal or occasional visitors. The hon. Gentleman will be aware that the seas around his area in the south-west of England are rich in cetaceans. They can play host to as many as 14 different species. Those species contribute to the UK having one of the world’s richest marine environments anywhere in the world, and I share his concerns. It is important that those species are properly protected.

Effective conservation of those species and the marine environment are key parts of DEFRA’s over-arching goal of living within our environmental means. We want to ensure that we are operating within environmental limits and have healthy marine eco-systems and marine wildlife. Many whales, dolphins and porpoises are very mobile and part of a wide-ranging species. To be effective, conservation measures must be taken at an international as well as a national level.

The hon. Gentleman rightly mentioned the world’s population of cetaceans and asked what we can do about that. Obviously, there are more constraints in that regard than there are in relation to our own waters, but I suggest that those involved in illegal, unreported and unregulated fishing are most likely to be involved in the bycatch of dolphins.

We are involved with the European Union. I am referring to the Commission’s policy to ensure that there is better reporting and that better processes are in place so that we can reduce the amount of illegal and unreported fishing in the world. Companies such as Youngs Bluecrest in Grimsby will be able to demonstrate, from the trawl to the processing factory, where their fish have been caught. There are standards, which is important, not least because the consumer wants to ensure that there are good environmental standards. That is part of the equation. If we can reduce the amount of illegal fishing across the world, there is likely to be a correlation with the amount of bycatch and we will reduce dolphin mortality in that way.

Andrew George: What conversations and discussions has the Minister had with his European counterparts, particularly the French, whom I mentioned earlier? They tell me that they are following the 2004 regulation, but I have not seen much evidence to show that they are taking measures to reduce dolphin bycatch in the pair trawl industry.

Jonathan Shaw: I am coming to the French. I just wanted to give some perspective on a wider scale and explain what we are trying to do with the common fisheries policy in engaging countries, particularly African countries, that are subject to massive illegal and unreported fishing. They do not have the resources to police their fishing areas properly. I will come to the French in due course.

We know that populations of some cetaceans in UK waters have remained steady over the past decade, but we must not be complacent. That is why the UK has been among the most active of countries in taking steps to ensure that these highly valued species are properly protected.

Cetaceans in UK waters are protected by both domestic and European legislation. The Wildlife and Countryside Act 1981 and the habitats regulations offer a strict system of protection for cetaceans in our territorial waters. Last year, we introduced the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 and that strict protection now extends to our offshore area.

The UK is a party to the agreement on the conservation of small cetaceans in the Baltic and North seas and to the convention for the protection of the marine environment of the north-east Atlantic. That is the OSPAR—Oslo and Paris—convention. We continue to be committed to achieving the aims of those agreements through co-operation in research and management measures to conserve cetaceans.

In addition to delivering strict legal protection for cetaceans and co-operating under international agreements, the UK Government have provided some £5.3 million of funding for cetacean research since 1995. To obtain a clearer picture of cetacean abundance and distribution, we have contributed £500,000 to two important survey projects: SCANS II and the CODA—cetacean offshore distribution and abundance—project. Those studies have provided us with a clearer understanding of the abundance and distribution of cetaceans in both UK and European waters.

To understand better the causes of cetacean mortality, approximately £2.3 million has been spent on a scheme for recording the incidence of stranded cetaceans around the UK. That ongoing research, co-ordinated by the Institute of Zoology, provides important data on trends in cetacean mortality. It is the most comprehensive and well funded scheme of its type in Europe. I will ask for details of that and provide that information to the hon. Gentleman. I am sure that he will find it interesting. The reports from the research over the past three years suggest that the level of strandings has remained relatively constant. In fact, preliminary results for 2007 suggest a decline in the number of reported strandings that equates to 200 animals.

Although abundance estimates tell us that populations of studied cetaceans in UK waters have remained steady over the past 10 years, our research on strandings tells us that those species continue to be impacted by certain human activities. We realise that the bycatch of cetaceans in some fisheries is a problem. The Government are committed to working towards reducing that cause of cetacean mortality. That is why we provided an additional £1.6 million for the period 2000 to 2005 for research into cetacean bycatch and associated mitigation measures. Again, that research is ongoing.

In 2003, we published the UK small cetacean bycatch response strategy, which set out our approach to addressing cetacean mortality through fisheries bycatch. Since then, we have continued to work at home and in Europe to implement measures to mitigate the causes of bycatch. The UK has a comprehensive bycatch monitoring scheme, which allows for observers, to which the hon. Gentleman referred, to monitor levels of bycatch per haul in a number of fisheries. That work gives us a better understanding of which fisheries are impacting on cetaceans. We use that information to make annual reports to the European Commission on observed bycatch levels in various fisheries.

The UK’s last bycatch monitoring report to the European Commission estimates that between 2005 and 2006, 460 to 730 porpoises and 410 to 610 common dolphins were killed in pelagic trawl and static net fisheries off south and west England. The abundance estimates that we have for harbour porpoises and common dolphins in UK waters suggest populations in the hundreds of thousands. Given those estimates, the level of bycatch monitored does not suggest that bycatch by the UK fleet currently represents a significant conservation threat for these species in UK waters.

Andrew George: Does the Minister accept that some of these populations are not as migratory or mobile as perhaps some of those estimates suggest? The decline of some of the very localised inshore populations gives cause for concern. I hope that he will support efforts to research that issue and to support the Wildlife Trust in doing so.

Jonathan Shaw: We need to ensure that we have the best available information. I will certainly have that further conversation with the hon. Gentleman when I go to the south-west.

With regard to activity by French fishing vessels, it is of course for each member state to monitor their own vessels and to report back to the Commission. We have taken the unilateral action of banning pair trawling, as the hon. Gentleman is aware. We argued our case vigorously, but the Commission did not support that. We will continue to argue our case in Europe because we believe that that is the right thing to do. I will keep the hon. Gentleman and, indeed, the House apprised of our progress on that.

The hon. Gentleman mentioned pingers. Research is being done on that. There is not an effective pinger system at the moment, although we expect new developments, which we want to trial with the industry. His point about co-operation is key to reducing bycatch mortality. There must be a partnership and it must be one of mutual understanding from all sides if it is to be successful.

We must be vigilant in addressing other potential threats to cetacean populations. There has been work to assess the potential impact of undersea noise, for example. The Joint Nature Conservation Committee has published guidance for operators in the oil and gas industry. The habitats directive imposes important regulations for conservation purposes.

We have in place a number of different strands of legislation. Our commitment is shown by the money that we have put in. We do not rest on our laurels. We know that there is more work to do. There is pressure on the Government. That is right, because these beautiful creatures need conserving and preserving and we want to see their populations grow.

I am grateful to the hon. Gentleman for initiating the debate. It was a necessary one for us to have in the House and I look forward to having discussions with him in the beautiful county of Cornwall next week.

Question put and agreed to.

Adjourned accordingly at twenty-eight minutes past five o’clock.