What measures are in place to minimise occurrences of the incidental entanglement of cetaceans in fishing nets and to promote effective dis…

All cetaceans (whales, dolphins and porpoises) are protected in the UK under the Conservation (Natural Habitats etc.) Regulations 1994 (as amended) and the Offshore Marine Conservation (Natural Habitats etc.) Regulations 2007 (as amended), which make it an offence to intentionally kill or injure cetaceans and require the monitoring of incidental capture or killing of those species, including all cetaceans, listed under Annex IVa of the Council Directive (92/43/EEC) on the Conservation of Natural Habitats and of Wild Fauna and Flora (the Habitats Directive). They are further protected by mandatory observation, monitoring and bycatch (the incidental catch on fishing gear) mitigation work under Council Regulation 812/2004.
While the Council Regulation has direct effect in UK and Scottish law, the Scottish Government introduced the Prevention and Monitoring of Cetacean Bycatch (Scotland) Order 2005 on 8 June 2005, which provides for the creation of penalties, offences and enforcement powers to enable enforcement of this Council Regulation in Scotland. Scotland (in partnership with the other UK fishery administrations) has fully implemented Article 2 of Council Regulation 812/2004.
All relevant vessel owners and masters have been advised of the provisions of the Regulation, and relevant training for enforcement officers has been provided. No additional legislative measures are considered necessary at present.